Modesto City Council
March 12, 2024

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

CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, March 12, 2024 at 5:30 PM
Roll Call - Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
* Public Comment will only be in-person. Members of the public who wish to address the Council, by providing public comment, during the meeting must do so in-person in the Council Chambers.

As an alternative, members of the public may also provide written public comment submitted via email as indicated in the Submitting Comments by Email instructions on this agenda. Zoom will still be available for viewing and Wordly translation.
*Members of the public will be allowed to provide public comment through Zoom if a Councilmember is participating remotely pursuant to the provisions of Assembly Bill 2449. *Effective March 1, 2023, if a technical issue arises with Zoom or the phone dial-in option, the Council meeting will continue unless the meeting is being held pursuant to the provisions of Assembly Bill 2449. Alternative viewing options are listed below, and the meeting is physically open to the public.
“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.
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You may observe a livestream of the meeting at http://media.modestogov.com. You may also view or listen to the meeting as indicated below.

THE MEETING CAN BE VIEWED BY ZOOM VIDEO

CONFERENCING OR TELEPHONE
Joining the City Council meeting via Zoom
The City of Modesto is now offering the ability to view 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 listen 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

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 two hours before the meeting.

This Agenda is on file in the City Clerk’s Office, Sixth Floor, 10th Street Place, Posting Board at entry of 10th Street Place, and is available on the City’s Web site at www.modestogov.com.

Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Clerk’s office during normal business hours. Such documents are also available online, subject to staff’s ability to post the documents before the meeting, at the following website https://www.modestogov.com/council-meetings In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA - 2 -
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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.

Pledge of Allegiance to the Flag
Invocation: Jeff Pishney, Love Stanislaus
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Presentation of the 2024 Senate District 4 Honoree for 2024 California Woman Making Herstory. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597, [email protected]

2. Proclamation declaring March 2024 as American Red Cross Month. (Funding Source:

Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597, [email protected]

PUBLIC COMMENT IN PERSON
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. - 3 -
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CONSENT
An item may be removed from consent and discussed at the request of an audience member or Councilmember.

Consent

3. Consider approving the minutes for the March 5, 2024 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
 Motion approving the minutes for the March 5, 2024 Council Meeting.

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

4. Consider accepting the 2023 General Plan Annual Progress Report and authorizing staff to submit it to the State of California. (Funding Source: General Fund) Staff Recommendation:
 Resolution accepting the 2023 General Plan Annual Progress Report and authorizing staff to submit it to the State of California.

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

5. Consider adopting a Resolution of Intention to renew the Modesto Tourism Marketing District for ten years. (Funding Source: Modesto Tourism Marketing District) Staff Recommendation:
 Adopt Resolution of Intention to renew the Modesto Tourism Marketing District (MTMD) and fixing the time and place of a public meeting and public hearing thereon and giving notice thereof.

CED; Trevin Barber, 209-860-1251, [email protected] Consent

6. Consider authorizing the submittal of a Federal Grant application for Congestion Mitigation and Air Quality (CMAQ) Grant Funds in the amount of $1,200,000 and $800,000 in Local Measure L Funds for a project amount of $2,000,000 for Street Improvements and Installation of a Roundabout on College Avenue and Bowen Avenue. (Funding Source: Federal CMAQ Grant Funds and Local Funds – Measure L) Staff Recommendation:
 Resolution approving submittal of a Federal Grant application for Congestion Mitigation and Air Quality (CMAQ) Grant Funds in the amount of $1,200,000 and $800,000 in Local Measure L Funds for a total project amount of $2,000,000 for Street Improvements and Installation of a Roundabout on College Avenue and Bowen Avenue, and authorizing the City Manager, or his designee to execute all necessary grant documents.

ENGINEERING SERVICES; Michael Sacuskie, 209-571-5552,
[email protected]
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Consent

7. Consider authorizing the submittal of a Federal Grant application for Surface Transportation Block Grant (STBG) Funds in the amount of $1,200,000 and $2,000,000 in Local Measure L funds for a total project amount of $3,200,000 for Improvements on Claus Road, including bicycle and pedestrian improvements, south of Scenic Drive to Yosemite Boulevard. (Funding Source: Federal STBG Grant Funds and Local Funds – Measure L)
Staff Recommendation:
 Resolution approving submittal of a Federal Grant application for Surface Transportation Block Grant (STBG) Funds in the amount of $1,200,000 and $2,000,000 in Local Measure L funds for a total project amount of $3,200,000 for improvements on Claus Road, including bicycle and pedestrian improvements, south of Scenic Drive to Yosemite Boulevard, and authorizing the City Manager, or his designee to execute all necessary grant documents.

ENGINEERING SERVICES; Michael Sacuskie, 209-571-5552,
[email protected]
Consent

8. Consider accepting an Informational Report on the September and October 2023 Grant Applications and Awards. (Funding Source: Not Applicable) Staff Recommendation:
 Motion accepting an Informational Report for the September and October 2023 Grant Applications and Awards.

FINANCE DEPARTMENT; Maria Garnica, 209-577-5249, [email protected] Consent

9. Consider amending the Position Allocation Plan in the Modesto Fire Department to add four Paramedics and three Emergency Medical Technicians (EMTs). (Funding Source: SAMHSA Grant Fund)
Staff Recommendation:
 Resolution amending the Position Allocation for Fiscal Year 2023-24 as adopted in the operating budget.
 Resolution amending the Classification Plan for the City of Modesto to create the classifications of Paramedic and Emergency Medical Technician.  Resolution amending the Fiscal Year 2023-24 Annual Operating Budget to accept grant funding for 4 Paramedic/EMTs in the MFD – Emergency Paramedics SAMHSA cost center (18222) in Grants-Operation Grants reimbursed fund (1341) in the amount of $91,995 and authorizing the City Manager to take the necessary steps to implement the required budget adjustments.

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

10. Consider approving an Agreement with Three Thirty Three Arts, Walnut Creek, CA, for Installation of a Professional Public Mural in the amount of $0. (Funding Source:

Not Applicable)
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Staff Recommendation:
 Resolution approving an Agreement with Three Thirty Three Arts, Walnut Creek, CA, for installation of a professional Public Mural in the amount of $0, and authorizing the City Manager, or his designee, to execute the Agreement.

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

11. Consider approving a First Amendment to the Cell Tower Site Lease Agreement at Creekside Golf Course with SBA Monarch Towers III, LLC, to increase the lease area by an additional 108 square feet and to extend the maximum term of the Agreement through May 1, 2047. (Funding Source: Cell Tower Facility Rental Revenue) Staff Recommendation:
 Resolution approving a First Amendment to the Cell Tower Site Lease Agreement at Creekside Golf Course with SBA Monarch Towers III, LLC, to increase the lease area by an additional 108 square feet and to extend the maximum term of the Agreement through May 1, 2047, and authorizing the City Manager, or his designee, to execute the Agreement.

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

12. Consider approving the Amended and Restated Agreement for Maintenance Services to the Fleet Maintenance Agreement between the City of Modesto and the Stanislaus Regional Transit Authority, amending the Position Allocation Plan to add one Administrative Services Technician, three Equipment Services Technicians, four Maintenance Worker I, and reclassifying two Heavy Equipment Mechanics to two Heavy Equipment Mechanic Crew Leaders and authorizing the City Manager, or his designee to further increase the position allocations. (Funding Source: Stanislaus Regional Transit Authority)
Staff Recommendation:
 Resolution approving the Amended and Restated Agreement for Maintenance Services Fleet Maintenance Agreement between the City of Modesto and the Stanislaus Regional Transit Authority, amending the Position Allocation Plan to add one Administrative Services Technician, three Equipment Services Technicians, four Maintenance Worker I, and reclassifying two Heavy Equipment Mechanics to two Heavy Equipment Mechanic Crew Leaders and authorizing the City Manager, or his designee to further increase the position allocations, and execute the agreement.

PUBLIC WORKS; Patrick Crowley, 209-342-2274, [email protected]

COUNCIL COMMENTS & REPORTS

CITY MANAGER COMMENTS & REPORTS
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UNFINISHED BUSINESS

13. Consider approving the Plans and Specifications for the West Trunk Sewer Rehabilitation Project accepting the Bid and Awarding a Construction Contract to SAK Construction, LLC, of O’Fallon, MO, in the amount of $17,871,543, authorizing 12% for contingency (if needed), for a total payment amount not to exceed $20,016,129. (Funding Source: Wastewater Fund)
 Resolution approving the Plans and Specifications for the West Trunk Sewer Rehabilitation Project; accepting the Bid and Awarding a Construction Contract to SAK Construction, LLC, of O’Fallon, MO, in the amount of $17,871,543, authorizing the Director of Engineering Services to approve Change Orders up to the cumulative amount of $2,144,586, 12% of the original Contract price, for a total payment amount not to exceed $20,016,129 and authorizing the City Manager, or his designee, to execute the Contract.
 Resolution amending the Fiscal Year 2023-24 Capital Improvement Program Budget in the amount of $15,024,837 to fund the Construction Phase of the West Trunk Sewer Rehabilitation Project and authorizing the City Manager, or his designee, to implement the provisions of the resolution.

UTILITIES; Cristian Ciotau, 209-571-5175, [email protected]

14. Consider a Memorandum of Understanding with Stanislaus County for the South Modesto Area Strengthen & Replace Water Mains Project in an amount not to exceed $12,699,454. (Funding Source: Water Fund)
 Resolution approving a Memorandum of Understanding with Stanislaus County for the South Modesto Area Strengthen & Replace Water Mains Project, in an amount not to exceed $12,699,454 and authorizing the City Manager, or his designee, to execute the Agreement.
 Resolution amending the Fiscal Year 2023-24 Capital Improvement Program Budget in the amount of $13,889,454 to be transferred into the Project from Water Fund Reserves to fund the South Modesto Area Strengthen & Replace Water Mains Project and authorizing the City Manager, or his designee, to implement the provisions of the resolution.

UTILITIES; David Felix, 209-577-5488, [email protected]

HEARINGS
Published in the Modesto Bee on March 1, 2024

15. Hearing to consider approving the Application and issuance of a Permit to operate as a Non-Emergency Medical Transport Company to Active Transport Medical Services, LLC in the City of Modesto. (Funding Source: General Fund) Staff Recommendation:
 Resolution approving the Application and issuance of a Permit to operate as a Non-Emergency Medical Transport Company to Active Transport Medical Services, LLC in the City of Modesto.

POLICE DEPARTMENT; Kalani Souza, 209-572-9500, [email protected] - 7 -
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Published in the Modesto Bee on March 1, 2024.

16. Hearing to consider approving the Application and issuance of a Permit to operate as a Non-Emergency Medical Transport Company to Remedy Medical Transportation in the City of Modesto (Funding Source: General Fund)
Staff Recommendation:
 Resolution approving the Application and issuance of a Permit to operate as a Non-Emergency Medical Transport Company to Remedy Medical Transportation in the City of Modesto.

POLICE DEPARTMENT; Kalani Souza, 209-572-9500, [email protected]

NEW BUSINESS

17. Consider approving a Legal Services Agreement with Redwood Public Law, LLP, Oakland, CA to provide City Attorney services for the City, and re-appoint Jose M.

Sanchez as City Attorney effective March 15, 2024 and approving the modification to the Legal Services Agreement with Meyers Nave effective March 14, 2024 for limited special counsel legal services. (Funding Source: Various Funds) Staff Recommendation:
 Resolution approving a Legal Services Agreement with Redwood Public Law, LLP, Oakland, CA to provide City Attorney services for the City, and reappoint Jose Sanchez as City Attorney effective March 15, 2024; and authorizing the City Manager or his designee to execute the Agreement; and approving the modification to the Legal Services Agreement with Meyers Nave and authorizing the City Manager or his designee to execute the necessary action to execute this modification.

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

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

ADJOURNMENT
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CLOSED SESSION
Please take notice that a special Closed Session meeting of the Council of the City of Modesto has been called pursuant to Section 2-1.02 of the Modesto Municipal Code to be convened on
TUESDAY, MARCH 12, 2024 AT 4:00 PM
and after the regularly scheduled meeting in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California.

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

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

CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
One Case (Pursuant to Section 54956.9(d)(2) of the Government Code) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Five Cases (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Baljit Athwal, et al. v. Stanislaus County et al.

United States Eastern District
Case No.: 1:15-CV-00311
Georgia DeFilippo, et al. v. Stanislaus County et al.

United States Eastern District
Case No.: 1:18-CV-00496
Frank Carson v. Stanislaus County et al.

United States Eastern District
Case No.: 2:20-AT-00513
Eduardo Quintanar, Jr. v. Stanislaus County et al.

United States Eastern District
Case No.: 1:18-CV-01402
Walter W. Wells & Scott McFarlane v. Stanislaus County et al.

United States Eastern District
Case No.: 1:20-CV-00770
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CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCEA Negotiator: Christina Alger
Employee Organization: Modesto City Employees Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCMA Negotiator: Christina Alger
Employee Organization: Modesto Confidential & Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPOA Negotiator: Christina Alger
Employee Organization: Modesto Police Officers’ Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPNSA Negotiator: Christina Alger
Employee Organization: Modesto Police Non-Sworn Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MPMA Negotiator: Christina Alger
Employee Organization: Modesto Police Management Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – MCFFA Negotiator: Christina Alger
Employee Organization: Modesto City Firefighters Association CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – Unrepresented Negotiator: Christina Alger
Employee Organization: Unrepresented Management and Confidential Employees Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature
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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, March 05, 2024 at 5:30 PM
Roll Call – Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen

Absent: None
Pledge of Allegiance to the Flag
Invocation: Todd Zwahlen, Church of Jesus Christ of Latter-day Saints City Clerk’s Announcements: None
Declaration of Conflicts of Interest: None
Reports from Closed Session: City Attorney Sanchez stated there was No Reportable Action.

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Proclamation declaring March as National Women's History Month. (Funding Source:

Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597, [email protected] ACTION: Mayor Zwahlen presented proclamation declaring March as National Women's History Month.
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2. Proclamation declaring March 7, 2024 as the day to celebrate Arbor Day in the City of Modesto. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597, [email protected] ACTION: Mayor Zwahlen presented proclamation declaring March 7, 2024 as the day to celebrate Arbor Day in the City of Modesto.

MISCELLANEOUS

3. Consider accepting the resignation of Michelle Buer from the City of Modesto Golf Courses Advisory Committee. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution accepting the resignation of Michelle Buer from the City of Modesto Golf Courses Advisory Committee.

PRN; Jessica Franco, 209-577-5278, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-080 accepting the resignation of Michelle Buer from the City of Modesto Golf Courses Advisory Committee.

PUBLIC COMMENT IN PERSON
None.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 4-10: ACTION: (Williams/Wright; 7/0)

CONSENT
Consent

4. Consider approving the minutes for the February 27, 2024 Council Meeting. (Funding Source: Not Applicable)
 Motion approving the minutes for the February 27, 2024 Council Meeting.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Williams/Wright; 7/0) Motion approving the minutes for the February 27, 2024 Council Meeting.

Consent

5. Consider approving the recommended Budget Adjustments to Fiscal Year 2023-24 Annual Operating and Capital Improvement Program Budgets. (Funding Source:

Various Funds)
 Resolution amending Fiscal Year 2023-24 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to take the necessary steps to implement the provisions of this Resolution.

BUDGET; Steve Christensen, 209-577-5390, [email protected] #3..
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ACTION: (Williams/Wright; 7/0) Resolution 2024-081 amending Fiscal Year 2023- 24 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to take the necessary steps to implement the provisions of this Resolution.

Consent

6. Consider accepting an Informational Report for the January 2024 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable)  Motion accepting an Informational Report for the January 2024 Accounts Payable Payment Register and Void Report.

FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Williams/Wright; 7/0) Motion accepting an Informational Report for the January 2024 Accounts Payable Payment Register and Void Report.

Consent

7. Consider approving the Master and Purchasing Agreements with Office Depot, Boca Raton, FL, Staples Contract and Commercial Inc., Boston, MA, and Warden’s Office, Modesto, CA for the purchase of office supplies and furniture for a total amount not to exceed $2,000,000 over five years. (Funding Source: Various Funds)  Resolution approving the Purchasing Agreements for the Purchase of Office Supplies and Furniture to Office Depot, Boca Raton, FL. by utilizing the Competitive Bidding Process from OMNIA Partners, Staples Contract and Commercial Inc. Boston, MA, by utilizing the Competitive Bidding Process from Sourcewell and with EPIC Business Essentials., Rosemont, IL under the authorized reseller Warden’s Office, Modesto, CA, by utilizing the Competitive Bidding Process from OMNIA Partners for a two-year Agreement with three one-year extension options, for a combined annual estimated amount $400,000 and a total amount not to exceed $2,000,000 over five years; authorizing the Director of Finance, or her designee to adjust the financial amounts between the three providers without exceeding the overall amount for five years; and authorizing the Director of Finance or her designee to execute the Agreements.

FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Williams/Wright; 7/0) Resolution 2024-082 approving the Purchasing Agreements for the Purchase of Office Supplies and Furniture to Office Depot, Boca Raton, FL. by utilizing the Competitive Bidding Process from OMNIA Partners, Staples Contract and Commercial Inc. Boston, MA, by utilizing the Competitive Bidding Process from Sourcewell and with EPIC Business Essentials., Rosemont, IL under the authorized reseller Warden’s Office, Modesto, CA, by utilizing the Competitive Bidding Process from OMNIA Partners for a two-year Agreement with three one-year extension options, for a combined annual estimated amount $400,000 and a total amount not to exceed $2,000,000 over five years; authorizing the Director of Finance, or her designee to adjust the financial amounts between the three providers #3..
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without exceeding the overall amount for five years; and authorizing the Director of Finance or her designee to execute the Agreements.

Consent

8. Consider approving the Agreements for Fleet Tire Purchases with McCoy Truck Tire, Modesto, CA and Valley Tire, Modesto, CA for a total amount not to exceed $3,400,000 over five years. (Funding Source: Fleet Fund and Outside Service Agreements)
 Resolution approving the Agreements for Fleet Tire Purchases with McCoy Truck Tire, Modesto, CA and Valley Tire, Modesto, CA for a two-year Agreement with three one-year extension options, for an annual combined estimated amount of $680,000 and a total combined amount not to exceed $3,400,000 over five years; authorizing the Director of Finance to adjust agreement totals between vendors based on vendor’s availability and department’s needs, ensuring the combined total amount does not change and authorizing the City Manager or his designee to execute the Agreements.

FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Williams/Wright; 7/0) Resolution 2024-083 approving the Agreements for Fleet Tire Purchases with McCoy Truck Tire, Modesto, CA and Valley Tire, Modesto, CA for a two-year Agreement with three one-year extension options, for an annual combined estimated amount of $680,000 and a total combined amount not to exceed $3,400,000 over five years; authorizing the Director of Finance to adjust agreement totals between vendors based on vendor’s availability and department’s needs, ensuring the combined total amount does not change and authorizing the City Manager or his designee to execute the Agreements.

Consent

9. Consider approving an Agreement for Online Public Auction Services to The Public Group doing business as (dba) Public Surplus, Provo, Utah, for a total amount not to exceed $150,000 over five years. (Funding Source: Fleet Replacement Funds)  Resolution approving an Agreement for Online Public Auction Services to The Public Group doing business as (dba) Public Surplus, Provo, Utah, by utilizing the Competitive Bidding Process from Sourcewell for a two-year Agreement with three one-year extension options, for an annual estimated amount of $30,000 and a total amount not to exceed $150,000 over five years; and authorizing the City Manager or his designee to execute the Agreement.

FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Williams/Wright; 7/0) Resolution 2024-084 approving an Agreement for Online Public Auction Services to The Public Group doing business as (dba) Public Surplus, Provo, Utah, by utilizing the Competitive Bidding Process from Sourcewell for a two-year Agreement with three one-year extension options, for an annual estimated amount of $30,000 and a total amount not to exceed $150,000 over five years; and authorizing the City Manager or his designee to execute the Agreement. #3..
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Consent

10. Consider approving an Agreement for Bottled Water Delivery Services for Citywide locations to Blue Triton Brands dba ReadyRefresh Livermore, CA and DS Services of America Inc. DBA Primo Water North America, Manteca, CA for a total amount not to exceed $600,000 over five years. (Funding Source: Building Services, Compost, Surface Transportation, General Fund, Forestry, Parking, Solid Waste, Wastewater and Water Funds)
 Resolution approving the Award of Bid and Agreement for Bottled Water Delivery Services to Blue Triton Brands DBA ReadyRefresh Livermore, CA, and DS Services of America Inc. DBA Primo Water North America, Manteca, CA for a two-year Agreement with three one-year extension options, for a first year estimated amount not to exceed $200,000 and an annual estimated amount of $100,000 thereafter, for a total amount not to exceed $600,000 over five years and authorizing the City Manager, or his designee, to execute the Agreements.

FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Williams/Wright; 7/0) Resolution 2024-085 approving the Award of Bid and Agreement for Bottled Water Delivery Services to Blue Triton Brands DBA ReadyRefresh Livermore, CA, and DS Services of America Inc. DBA Primo Water North America, Manteca, CA for a two-year Agreement with three one-year extension options, for a first year estimated amount not to exceed $200,000 and an annual estimated amount of $100,000 thereafter, for a total amount not to exceed $600,000 over five years and authorizing the City Manager, or his designee, to execute the Agreements.

COUNCIL COMMENTS & REPORTS
Vice Mayor Alvarez expressed gratitude to Burbank Elementary for the opportunity to read to fourth-grade classes on National Read Across America Day, reflecting on their experience as a Burbank alumnus and looking forward to future engagements.

Council Member Escutia-Braaton highlighted her role as member of the San Joaquin Valley Regional Policy Council in advocating for regional interests, including transportation, safety, and air quality initiatives, emphasizing the importance of securing funding for various projects.

Council Member Williams promoted the upcoming NAACP Freedom Fund dinner and announced the State of the City address by Mayor Zwahlen on March 7th at the State Theater.

He also commended the City's efforts in addressing homelessness.

Council Member Ricci informed attendees about the Modesto ADU dashboard, encouraging the construction of accessory dwelling units to alleviate the housing shortage. He also discussed organizing a city-wide garage sale fest that will be held on April 20, 2024 and expressed appreciation for the City's initiatives to combat homelessness. #3..
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3/5/2024 5:30:00 PM
Mayor Zwahlen shared insights from a recent speech contest and a reading session at Martone Elementary, highlighting the positive impact of community engagement and invited the public to the State of the City address and the premiere of a documentary on the Camp to Home initiative.

CITY MANAGER COMMENTS & REPORTS
None.

MATTERS TOO LATE FOR THE AGENDA
None.

ADJOURNMENT
This meeting adjourned at 6:02 P.M.

All Closed Session Matters heard prior to 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: Silvina Martinez v. City of Modesto
Superior Court of California, County of Stanislaus
Case No.: CV-19-006820
Attest:____________________________
Diane Nayares-Perez, City Clerk
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

March 12, 2024
Date: March 4, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: 2023 General Plan Annual Progress Report
CONTACT: Jessica Hill, Director of Community and Economic Development [email protected], 209-577-5211
DESCRIPTION:

Consider accepting the 2023 General Plan Annual Progress Report and authorizing staff to submit it to the State of California. (Funding Source: General Fund) STRATEGIC PLAN ELEMENT:

This item supports the City of Modesto’s 2020-2025 Strategic Plan, Goal D: Provide Safe, Efficient, and Reliable Infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

California Government Code Section 65400(a)(2) requires that public agencies prepare a General Plan Annual Progress Report for acceptance by the City Council. The 2023 General Plan Annual Progress Report provides updates regarding the status of the Urban Area General Plan and progress toward its implementation, including the degree to which Modesto has met its share of regional housing needs allocation through production of housing.

DISCUSSION:

The General Plan includes goals and policies against which proposed projects are analyzed, and it identifies necessary actions to be taken to achieve the overall vision for the community. The 2023 General Plan Annual Progress Report includes major implementation activities that occurred during the calendar year. The 2023 General Plan Annual Progress Report includes reporting for progress pertaining to the City’s Housing Element, which is one of nine required general plan elements. The State of California Housing and Community Development Department (HCD) requires municipalities submit information that allows HCD to track any impediments to the construction of new housing that may exist and to monitor progress toward satisfaction of statewide housing needs and goals. New forms have been added in recent years for the reporting on other State housing goals as requirements change. The State requires that all annual reporting be submitted prior to April 1st each year.
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City Council, March 12, 2024
2023 General Plan Annual Progress Report

FISCAL IMPACT:

Staff costs associated with the preparation of the General Plan Annual Progress Report are included in the General Fund budget. Submittal of the report to the State ensures that the City of Modesto is eligible for certain grant funding opportunities.

COMMITTEE RECOMMENDATION:

The 2023 General Plan Annual Progress Report was presented to the Planning Commission on February 26, 2024, and the Commission recommended forwarding the report to City Council for approval.

CEQA/NEPA REQUIREMENTS:

The review and comment on the 2023 General Plan Annual Progress Report is statutorily exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to actions that have the potential to cause a significant impact on the environment.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting the 2023 General Plan Annual Progress Report and authorizing staff to submit it to the State of California.

Approved by:

Jessica Hill, Director of Community and Economic
Development
Joseph P. Lopez, City Manager
Attachments:

1. City Council Resolution 2023 Annual Progress Report

2. 2023 General Plan Annual Progress Report
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March 12, 2024/CEDD/JHill/Item
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1 2024-xxx

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX
RESOLUTION ACCEPTING THE 2023 GENERAL PLAN ANNUAL PROGRESS

REPORT AND AUTHORIZING STAFF TO SUBMIT IT TO THE STATE OF

CALIFORNIA
WHEREAS, California Government Code Section 65400(a)(2) requires that local governments prepare an Annual Progress Report regarding General Plan implementation, including matters related to meeting the applicable share of regional housing needs (California Government Code Section 65584); and
WHEREAS, the 2023 General Plan Annual Progress Report provides updates regarding the status of the Urban Area General Plan and progress toward its implementation, including the degree to which Modesto has met its share of regional housing needs allocation through production of housing; and WHEREAS, the 2023 General Plan Annual Progress Report includes major implementation activities that occurred during the calendar year; and WHEREAS, the 2023 General Plan Annual Progress Report includes reporting for progress pertaining to the City’s Housing Element, which is one of nine required general plan elements; and
WHEREAS, the State of California Housing and Community Development Department (HCD) requires municipalities submit information that allows HCD to track any impediments to the construction of new housing that may exist and to monitor progress toward satisfaction of statewide housing needs and goals; and #4..
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March 12, 2024/CEDD/JHill/Item
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2 2024-xxx
WHEREAS, the State has recently required that all annual reporting be submitted prior to April 1st each year.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby accepts the 2023 General Plan Annual Progress Report.

BE IT FURTHER RESOLVED that Staff is hereby directed to submit the 2023 General Plan Annual Progress Report to the State of California. #4..
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March 14, 2024/CEDD/JHill/Item
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3 2024-xxx
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 12th day of March, 2024, 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
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2023 General Plan Annual Report
General Plan Annual Report
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City of Modesto 2023 General Plan Annual Report
2 TABLE OF CONTENTS
I: INTRODUCTION.......................................................................................................................3 II: OVERVIEW OF GENERAL PLAN STATUS WITH STATE GENERAL PLAN GUIDELINES ..............3 III: IMPLEMENTATION OF THE GENERAL PLAN...........................................................................5 IV: HOUSING ELEMENT REPORT .............................................................................................6 Table and Figures
Table II-1: Correspondence Between Modesto General Plan and State-Mandated Elements .............................................................................4 Table IV-1: Planning Applications Received, 2023...................................................................9 Table IV-2: 2023 Residential Building Permit Activity…………………………………………. 10 Table IV-3: Modesto 5th Cycle Housing Element RHNA Progress…….……………………….10 Table IV-4: 2023 Stanislaus County Income Categories .......................................................11 Table IV-5: 2023 Stanislaus County Household Income Limits .............................................11 #4..
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City of Modesto 2023 General Plan Annual Report
3 I. INTRODUCTION
A. Purpose of the Annual Report
This Annual Report on the Modesto Urban Area General Plan (Annual Progress Report) has been prepared pursuant to California Government Code Section 65400(a)(2) and covers activities for calendar year 2023. The purpose of this report is to update the Planning Commission, the City Council, the Governor’s Office of Planning and Research (OPR), and the State Department of Housing and Community Development (HCD) regarding the City’s progress in implementing the General Plan, including progress toward accommodating its regional housing needs.

The Annual Report helps citizens and City officials review progress toward achieving the goals and objectives contained within the General Plan. It also provides the means to monitor the success of implementing the General Plan and to determine whether changes need to be made to the General Plan or its implementation programs.

B. Purpose of the General Plan
The General Plan is a comprehensive statement of the City’s goals and policies and how they will be achieved over time. Policies and programs in the General Plan provide guidance to the public, staff, and decision-makers on development issues. The General Plan provides guidance for making day-to-day decisions. The General Plan is adopted by the City Council after considering recommendations by citizens, public agencies, advisory bodies, and City staff.

II. OVERVIEW OF GENERAL PLAN STATUS WITH STATE GENERAL

PLAN GUIDELINES
Section 65400 of the Government Code requires jurisdictions to include the degree to which the approved General Plan complies with the State of California General Plan Guidelines (Guidelines) in the Annual Report. The Guidelines outline the general framework for preparation and revision of a General Plan, Attorney General Opinions, and the relationship of the General Plan to CEQA requirements. The Guidelines describe elements that are mandatory for all General Plans (see following paragraph). In general, however, the Guidelines are advisory rather than prescriptive, thus preserving opportunities for local jurisdictions to address contemporary planning topics in a locally appropriate manner. Planning Division staff reviewed the Guidelines and determined that the Modesto General Plan meets the requirements set forth therein.

The California Government Code requires that general plans include eight basic elements: Land Use, Circulation, Housing, Safety, Noise, Conservation, Open Space, and Environmental Justice. San Joaquin Valley cities must also include an Air Quality Element in their General Plans. Elements for other topics of local concern may be included at the discretion of the local agency. The table below shows where in the Modesto General Plan each required element is found.
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City of Modesto 2023 General Plan Annual Report
4 Table II-1: Correspondence Between General Plan and State-Mandated Elements Element
Chapter III
Community
Development
Chapter IV
Housing
Chapter V
Transportation
Chapter VI
Community
Facilities and
Services
Chapter VII
Environmental
Resources, Open
Space, and
Conservation
Air Quality x x x
Circulation x x
Conservation x x x
Housing x
Land Use x
Noise x
Open Space x
Safety x
Environmental
Justice x x x
Modesto’s General Plan was adopted in 1995, with a 2025 time frame or “horizon year.” The most substantial general plan amendments since 1995 were reported in Modesto’s previous General Plan Annual Reports; such projects that remain in progress as of this writing are shown below. The 2010 General Plan Amendment, adopted on March 5, 2019, was a major update to the Modesto Urban Area General Plan, including substantial new and revised transportation and land use policies. The new horizon year for the general plan is 2040.

General Plan Master Environmental Impact Report
The Master Environmental Impact Report (Master EIR) for the General Plan was last certified on March 5, 2019. The Master EIR is a comprehensive analysis of environmental impacts related to the growth anticipated in the General Plan. The Master EIR provides a substantial benefit for development projects that are described in the General Plan, facilitating streamlined environmental review.
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City of Modesto 2023 General Plan Annual Report
5 III. IMPLEMENTATION OF THE GENERAL PLAN
The City of Modesto continues to actively implement policies of the General Plan including the goals, policies, and programs of the Housing Element. The following represents the progress the City has made towards implementing the General Plan and Housing Element goals and policies during 2023.

Community Development Policies (General Plan Chapter III) Corridor Mixed-Use Infill: The City of Modesto completed an update to the Zoning Code (Title 10 of the City’s municipal code) to create two Mixed Use zones: the Mixed Use – Pedestrian Oriented (MU-P) and the Mixed Use – Highway Oriented (MU-H) zone. Additionally, as a separate action, the City completed the rezone of the McHenry Avenue commercial corridor and portions of the Sisk Road, Oakdale Road, and Yosemite Boulevard corridors to allow for mixed use development. Planned Developments in each of these corridors were also amended to include residential uses in addition to their existing uses as well. The code amendment and rezones were adopted by the City Council on November 14, 2023 and became effective December 14, 2023.

The MU-P zone is intended to promote and guide the development of pedestrian-oriented, multifamily residential infill on lots or portions of lots that are currently developed or underdeveloped with General Commercial uses. The MU-P zone is intended for areas located adjacent to streets that are not more than two (2) travel lanes in each direction. Similarly, the MU-H zone is intended to promote and guide the development of multifamily residential infill on lots or portions of lots in areas that are currently developed with General Commercial or Highway Commercial uses. The MU–H zone is intended for areas located adjacent to streets that are more than two (2) travel lanes in each direction.

Multifamily residential will be allowed in these zones utilizing the standards of the R-3 (Medium High Density Residential) Zone, except that the allowable density is 22 to 45 dwelling units per acre. The MU-P Zone, which was applied to properties in the commercial corridors on Oakdale Road and the portion of McHenry Road south of Briggsmore Avenue, allows the same commercial uses as the C-2 (General Commercial) Zone. The MU-H Zone was applied to properties in the commercial corridors on Sisk Road, Yosemite Boulevard, and the portion of McHenry Road north of Briggsmore Avenue. The MU-H Zone allows uses as in the Highway Commercial (C 3) Zone.

Specific Plan Process: Staff is updating application materials for Specific Plans. These updates will allow flexibility in the submittal requirements on a case-by-case basis, allowing for an applicant to move forward with a more customized process that fits the scope and character of their proposal while still giving the City the adequate tools to ensure that future planning is being performed.

Downtown Program Updates
Downtown Partnership Program: The City is working with community groups, developers, business owners, citizens, and other stakeholders to create an improved program for the downtown area. The program coordinates downtown management and operations and addresses the full range of issues that contribute toward a successful downtown, including #4..
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City of Modesto 2023 General Plan Annual Report
6 policing and security, transportation and parking, entertainment and nightlife, marketing, special events, and fees.
 The Downtown Modesto Partnership (DoMo) and the Downtown Improvement District (DID) are consolidating to improve coordination and better leverage funding for downtown partnership programs.
 Specific downtown improvement programs have been funded:
o Technical studies for the proposed Quiet Zones (Zones) are underway. These Zones, proposed at downtown at-grade rail crossings, will improve the quality of life in the under-resourced downtown census tract and support the coming ACE Rail service to the Bay Area, Sacramento and Central Valley destinations. o A public/private partnership with Visionary Builders to develop 79 affordable housing units with 5,000 square feet of commercial at 7th and J Street will anchor a revitalization of this south downtown neighborhood.
o The Camp2Home program is a model for breaking the cycle of homelessness with outreach, shelter, transitional and permanent housing and job training and employment.
o Several security improvements have taken place downtown, all with the goal of the area becoming a regional destination. Improvements include: the placement of additional security cameras, increased police focus on organized retail theft; and improved downtown lighting.

Downtown Master Plan: The City of Modesto prepared a Downtown Master Plan to build on recent initiatives to develop downtown Modesto to its true potential. The Master Plan aims to identify improvements to public space, street design, and infrastructure; and proposes new uses and economic development strategies. The Master Plan defines a set of design principles, identifies key opportunity sites, and establishes design guidance and implementation recommendations to guide future downtown development.
 In 2023 Modesto engaged a consultant, Seer World, to advance the Downtown Master Plan with specific land use proposals and action plans including redevelopment of the Muni golf course and Tuolumne River District projects. Seer World is recognized for expertise in downtown redevelopment including multipurpose sports and entertainment venues.
 The downtown transit center was renovated to support increased use as a multimodal transportation hub, with the coming ACE Rail service.
 The Tuolumne Gateway Park project will improve connection between downtown and southwest Modesto while supporting more river recreation with a new boat ramp, overlook boardwalk near the 9th Street bridge, and class 1 bike trails.  Pedestrian and bike accessibility to downtown will be expanded with Phase 7 extension of the Virginia Corridor north to Union Avenue.
 The Southwest Modesto Plan is intended to establish a vision for the future of Southwest Modesto, with a focus on enhancing opportunities for redevelopment.  The Downtown Revolving Loan Fund (DRLF) is in place to incentivize downtown development. The DRLF is intended to assist in reducing the immediate cost of development in downtown by providing a low interest loan for construction costs. #4..
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City of Modesto 2023 General Plan Annual Report
7 River District: The City of Modesto, in partnership with several private stakeholders, procured a consultant, Seer World, to prepare a plan for the City’s land use along the Tuolumne River that runs through the southerly area of the city. The plan is intended to reposition the City’s focus toward the river and create amenities, housing, and recreational opportunities for residents and visitors. In 2023, the City began moving forward with implementing the results of the plan including infrastructure needs, regulatory obstacles, new development, and passenger rail station planning (ongoing).
 The River District Study is informing and connects with the implementation of the Downtown Master Plan
 The River District will improve quality of life for downtown and south-of-downtown residents and attract more visitation, while supporting the natural environment and riparian habitat as top values.

Housing (General Plan Chapter IV)
See Chapter IV. Housing Element Report.

Transportation (General Plan Chapter V)
Signal Timing Project: The City has an ongoing program of citywide signal timing, funded through the federal Congestion Mitigation and Air Quality Improvement program. In 2023, the City completed a re-time of the traffic signals located downtown. Additionally, Caltrans is implementing the timing of traffic signals in the city that fall under their jurisdiction.

ACE Station Planning: In 2023, improvements to the Transit Center (housed in the historic Southern Pacific Depot) were completed. The improvements provide an inviting, comfortable, and functional space for public transportation customers, while preserving the historic qualities of the Southern Pacific Depot. Passenger rail service is expected to be available by 2026.

In addition, City staff continues to work to facilitate future passenger rail service being reestablished in downtown Modesto by participating in regional rail meetings associated with projects intended to extend the Altamont Corridor Express (ACE) service to Modesto and eventually Merced.

Community Facilities and Services (General Plan Chapter VI) Water Policies
The 2020 Joint Urban Water Management Plan (UWMP) was adopted by City Council in June 2021. The 2025 UWMP is due in 2026. The Modesto Water Conservation Plan and Water Shortage Contingency Plan also were updated with the 2020 UWMP. The City submitted to the State its required annual Water Supply and Demand Report in June 2023 and its annual Water Loss Audit Report in December 2023. These reports show that Modesto has adequate water supply to meet its expected water demands for the year and that the City is managing its water losses and working to reduce losses where practical.
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City of Modesto 2023 General Plan Annual Report
8 City Utilities staff continued to evaluate new well sites while developing solutions to various water quality issues of some existing wells, including completion of Well #68 and Tank 14 in Del Rio, a Census-Designated Place just north of Modesto. In addition, Utilities staff have continued the water system strengthen-and-replace program to replace and upsize old, leaking water pipes resulting in improved performance and efficiency of the water system.

The City’s residential water meter installation program is essentially 100% complete which is ahead of the 2025 State-mandated deadline. In 2023, the City initiated a project to update its Supervisory Control And Data Acquisition (SCADA) systems for water and wastewater operations. This will provide systems operations crews and decision-makers with a more efficient and reliable data management and communications platform in which to access and operate various utilities facilities. The City hired a consultant in 2023 to develop a program to replace/update all existing water meters with Advanced Metering Infrastructure (AMI) technology which would allow the City to collect more data on water demand, notify customers sooner of potential leaks, and provide customers with more timely information on their water use.

Environmental Resources, Open Space and Conservation (General Plan Chapter VII)
Noise Policies
Noise policies continue to be implemented through conditions of approval, contracting requirements, and recommending changes to developments that may impact sensitive receptors located in noise-incompatible areas. These areas are identified by noise contours in the General Plan. Construction mitigation is applied either as a condition of approval or as a term of construction contracts with the City.
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City of Modesto 2023 General Plan Annual Report
9 IV. HOUSING ELEMENT REPORT
This section of the Annual Report describes the actions taken by the City toward completion of the programs in the Housing Element, including information regarding the development of housing at various income levels.

Planning Application Received in 2023
Planning-related entitlements and development permits must be deemed consistent with the General Plan to be approved. The Planning Commission and City Council conduct public hearings to weigh the merits of development proposals as they affect the implementation and integrity of the General Plan. A summary of 2023 planning applications and efforts is provided on Table IV-1 below
Table IV-1: Planning Applications Received in 2023
Planning Applications Received 2023
Specific Plan Amendments 0
Annexations 1
Code Amendments 5
Variances 4
Conditional Use Permits 4
Parcel and Subdivision Maps 8
Development Plan Reviews 26
Second Story Reviews 2
Landmark Preservation 0
Administrative Plan Reviews 3
Rezones, P-D zones, P-D Amendments 5
Street Address Addition or Change 94
Mobile Food Facilities 32
Total 184
In addition to the applications summarized above, planning staff reviewed business licenses, conducted plan check reviews to ensure Zoning Code compliance for proposed business, improvements, and new construction, prepared zoning verification letters and responded to customer inquiries on the phone and public counter. Additionally, during 2023, staff worked on a variety of tasks related to General Plan implementation, including:
 CEQA services to other City departments/divisions (ongoing)  Planning for housing through LEAP grant (ongoing). The Southwest Modesto Plan (to be completed April 2024), Additionally, the City continues to work on the establishment Agriculture Mitigation Program
 Pre-application meetings with many developers interested in new Specific Plan Areas in the City of Modesto
 Mixed Use Zoning creation and implementation
 Streamlining the development process
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City of Modesto 2023 General Plan Annual Report
10 Table IV-2: 2023 Residential Building Permit Activity Issued Permits *Final Permits
Single-Family Units 104 111
Multi-Family Units 54 261
Accessory Dwelling Units 93 68
(Units Destroyed or Demolished) 6 -
Annexed Units 0 -
Net Total 254 440
*Note: Finaled permits may not equal issused permits bases on issued year 5th Cycle (2015-2023) Housing Element Implementation
Pursuant to Government Code Section 65400, the City is required to prepare an annual report on the status and progress in implementing the City’s 5th Cycle (2015-2023) Housing Element using forms and definitions adopted by the Department of Housing and Community Development (HCD). While not attached, pertinent data from these forms is shared in the tables, below.

Table IV-3: Modesto 5th Cycle Housing Element Regional Housing Needs Allocation (RHNA) Progress in 2023
Income Level RHNA Allocation by Income
Level
Number of Permits Issued
2023
Number of Finaled Permits
2023
Deed Restricted 30 21
Very Low Non-Deed
Restricted
1,546
- -
Deed Restricted 12 -
Low Non-Deed
Restricted
991
- -
Deed Restricted - -
Moderate Non-Deed
Restricted
1,100 2 -
Above
Moderate 2,724 210 419
Total RHNA 6,361
Total Units 254 440
Stanislaus County Income Categories
The Department of Housing and Community Development (HCD) publishes annual tables of official federal and State income limits for a variety of programs. State limits are based on federal limits set and periodically revised by the U.S. Department of Housing and Urban Development (HUD). HUD’s limits are based on surveys of local area median income (AMI).

These income limits are identified in Chapter IV of the General Plan, and are updated in Table IV-2 below, using the “State Income Limits for 2023” memorandum published by the State Department of Housing and Community Development on June 6, 2023. #4..
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City of Modesto 2023 General Plan Annual Report
11 Table IV-4: 2023 Stanislaus County Income Categories Category Definition Income Range
Household Median Income $92,600
Acutely low income Up to 15% of median Up to $13,900
Extremely Low Income 16% to 30% of median $13,901 to $30,000 Very Low Income 31% to 50% of median $30,001 to $42,200 Low Income 51% to 80% of median $42,201 to $67,500
Moderate 81% to 120% of median $67,501 to $111,100
Above Moderate More than 120% of median More than $111,100 Source: U.S. Department of Housing and Urban Development (income ranges for family of four) and California Department of Housing and Community Development Table IV-5: 2023 Stanislaus County Household Income Limits Source: California Department of Housing and Community Development, June 6, 2023.

Other Housing Element Related Implementation Activities.

City of Modesto 6th Cycle Housing Element (2023-2031): The Modesto City Council adopted an amendment to the General Plan approving the 6th Cycle Housing Element (for the 2023-2031 planning period) on December 5, 2023. The Housing Element identifies goals, policies, and programs that guide housing policy for the City during the 2023–2031 planning period. The goals, policies, and programs are generally consistent with the direction of the City’s other General Plan elements.

The City is in the process of obtaining certification of the proposed 6th Cycle Housing Element (2023-2031) from the California Department of Housing and Community Development (HCD).

On January 19, 2024, the City received a second letter from HCD regarding the proposed revisions. City staff and HCD staff have met to discuss a path forward, and in coordination with the consultant team, the City is preparing additional revisions to the proposed 6th Cycle Housing Element (2023-2031). The revised version is planned to be released for the required 7-day public review on or about February 16th. Once public comment period has elapsed, the City will resubmit to HCD for certification of the document.

ADU Code Amendment: The City completed amendments to Title 10 (Zoning Regulations) Regarding Accessory Dwelling Units in 2023. The purpose of these amendments was to bring the code in line with changes in State law related to accessory dwelling units enacted by Assembly Bill No. 345 (Chapter 343, Statues of 2021) which became effective on January 1, 2022; Assembly Bill No. 2221 (Chapter 650, Statues of 2022) and Senate Bill No. 897 (Chapter 664, Statues of 2022) which both became effective on January 1, 2023. #4..
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City of Modesto 2023 General Plan Annual Report
12 ADU Plans: In partnership with the cities of Ceres, Modesto, Oakdale, Riverbank, Turlock, and Waterford, Stanislaus County contracted with TPH Architects to develop complete, preapproved Accessory Dwelling Unit (ADU) building plans that are available, free of charge, for property owners living in any of the partner jurisdictions; this is to help streamline the permitting process and reduce costs for property owners to add ADUs to their properties.

City of Modesto Housing Plan: The Modesto Housing Plan (Plan) is a study to determine how best to increase and diversify Modesto’s housing stock. The Plan examines: existing housing choices, affordability, unmet housing needs, and trends; identifies the types of places in the city and the typical lot sizes in these areas. Additionally, housing types (appropriate to each type of place) are identified and illustrated. These housing types were tested (on representative lots) for financial feasibility, compatibility with neighborhood character and whether existing regulations would prevent or hinder their development. The plan concludes by providing zoning and policy recommendations that can inform future updates to the General Plan Land Use Map, Housing Element and Zoning Code.

Highlights of City actions this year include:
• The completion and occupation of 74 units to serve low, very low, and extremely low populations at the Archway Commons (Phase 2) was completed. The project was fully occupied by February 2023.
• In the summer of 2023, eight (8) supportive housing units were added at 416 E Coolidge Avenue to serve at-risk, homeless population.
• The City received a Homekey award to fund 55 units at 710 N. 9th Street as permanent supportive housing to serve youth experiencing homelessness. The supportive housing was made available for occupancy winter 2024.
• The City received an Affordable Housing and Sustainable Communities (AHSC) award to fund 7th Street Village at 7th and J Street for the future development of 79 units of affordable housing.
• The City utilized its CARES Community Development Block Grant to acquire 835 California Ave for the future development of six units to support very low income households.
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

March 12, 2024
Date: February 21, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: A Resolution of Intention to Renew the Modesto Tourism Marketing District CONTACT: Trevin Barber, Economic Development Manager,
[email protected], 209-860-1251
DESCRIPTION:

Consider adopting a Resolution of Intention to renew the Modesto Tourism Marketing District for ten years. (Funding Source: Modesto Tourism Marketing District) STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s Strategic Plan Area of Focus for Economic Vitality:
 Goal E: Drive the success of a vibrant and economically sustainable business climate.  Goal F: Build and promote a recognizable and desirable identify for the City of Modesto BACKGROUND:

In June 2003, by Resolution No. 2003-316, Council approved an Agreement with the Modesto Convention and Visitors Bureau, Inc., a non-profit corporation (CVB or Bureau), to promote and market Modesto for meetings, conventions, tour groups and visitor activities. In August 2005, by Resolution No. 2005-382, Council approved a new agreement with the Bureau, which was extended on July 6, 2010, by Resolution No. 2010-285 and provided the CVB with 13.33% of the annual Transient Occupancy Tax (TOT or Tax) receipts up to $2,475,613 and an additional 5% of receipts greater than $2,475,613.

In June 2015, the agreement with the Bureau expired and by Resolution Nos. 2015-224 through 2015-227, the duties, functions, and staff of the Bureau were transferred to the Community and Economic Development Department while the Destination Modesto Task Force convened and made recommendations regarding the City’s destination assets and facilities.

In March 2018, by Resolution No. 2018-107, the Council accepted an informational report on the Destination Modesto Task Force’s accomplishments as well as plans to restore the Bureau as an independent agency. This included hiring a consultant, StoryPowered, to oversee the Bureau transition, entering into a new agreement with the Bureau to provide Transient Occupancy Tax funding, and appointing the City Council as the Bureau’s Interim Board of Directors. To begin the transition, a Tourism Business Plan was completed and presented to the #5..
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City Council, March 12, 2024
A Resolution of Intention to Renew the Modesto Tourism Marketing District

Economic Development Committee on August 8, 2018. Staff then negotiated an agreement with Civitas to establish the Modesto Tourism and Marketing District. In 2019, the Modesto Convention & Visitors Bureau (now Visit Modesto) was officially re-established as an independent agency.

The Modesto Tourism Marketing District
The Modesto Tourism Marketing District (District or MTMD) is a benefit assessment district proposed to continue a revenue source to help fund marketing and sales promotion efforts for certain Modesto lodging businesses. This approach has been used successfully in other destination areas throughout the state to improve tourism and drive additional room nights to assessed lodging businesses. The renewed District includes all lodging businesses with twenty (20) rooms or more, existing and in the future, available for public occupancy located within the boundaries of the City of Modesto.

Lodging business owners decided to pursue renewal of the District to continue a revenue source devoted to marketing Modesto as a tourist, meeting, and event destination. If renewed, the District would create a 1% tax on every hotel room to generate approximately $430,540 on an annual basis for promotion of travel and tourism specific to Modesto.

Tourism Marketing Districts (TMDs or districts) utilize the efficiencies of private sector operation in the market-based promotion of tourism. These special assessment districts allow lodging business owners to organize their efforts to increase tourism. Lodging business owners within a district fund the district, and those funds are used to provide services that are desired by and benefit the lodging businesses within the district.

Tourism Marketing Districts benefits:
 Funds cannot be diverted for other government programs.  They are customized to fit the needs of each destination.  They allow for a wide range of services including destination marketing, tourism promotion, and sales lead generation.
 They are designed, created, and governed by those who will pay the assessment; and  They provide a stable funding source for tourism promotion.

In California, Tourism Marketing Districts are primarily formed pursuant to the Property and Business Improvement District Law of 1994 (‘94 Law). This law allows for the creation of special benefit assessment districts to raise funds within a specific geographic area. The key difference between Tourism Marketing Districts and other special benefit assessment districts is that funds raised are returned to the private non-profit corporation governing the Tourism Marketing Districts.

DISCUSSION:

The Management District Plan (Attachment 2) includes the proposed boundary of the District, a service plan, budget, and a proposed means of governance. The District will include all lodging businesses with twenty (20) rooms or more, existing and in the future, available for public occupancy located within the boundaries of the City of Modesto.

The annual assessment rate is one percent (1%) of gross short-term sleeping room rental revenue. Based on the benefit received, assessments will not be collected on: stays of more #5..
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City Council, March 12, 2024
A Resolution of Intention to Renew the Modesto Tourism Marketing District

than twenty-seven (27) consecutive days; stays by any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty; stays by any officer or employee of the United States Government, or of a federal credit union, or of a state, county, city or other domestic public entity who pays rent in the discharge of official government business; and stays by any officer or employee of a bank or insurance company who pays rent in the discharge of official bank or insurance company business.

The renewed District will have a ten-year term, beginning July 1, 2024, or as soon as possible thereafter, and ending ten (10) years from its start date. The assessment will be implemented beginning July 1, 2024. There is a thirty (30) day period in which business owners paying fifty percent (50%) or more of the assessment may protest and begin proceedings to terminate the District.

During the District’s ten-year term, upon the recommendation of the District Committee and approval by the Modesto City Council, the assessment rate may be increased by the Owners’ Association to a maximum rate of three percent (3%) of gross short-term sleeping room rental revenue for assessed businesses as described in the Management District Plan. The increase in any year shall not exceed one-half of one percent (0.50%) of gross short-term sleeping room rental revenue as detailed in the Management District Plan and would require Council approval.

During the District’s term, the City will continue to meet with Visit Modesto to review the contract and negotiate in good faith a longer term contract, and review some of the other options with the agreement.

Once approved, the City will be responsible for collecting the assessment (including any delinquencies, interest, and penalties) from each assessed business located in the boundaries of the MTMD. As the tax administrator, the City shall have the flexibility to determine and set the assessment collection schedule (monthly/quarterly). The City shall take all reasonable efforts to collect the assessments from each assessed business.

During the next couple of months, the City will be working closely with Visit Modesto to update the Modesto Tourism Marketing District Owner’ Association Agreement which outlines the responsibilities of managing District’s programs and be the recipient of the disbursements from the assessment of the district, as provided in the Management District Plan.

The City shall be reimbursed for its costs, up to a maximum of three percent(3%) of the amount of assessment collected to cover its costs of collection and administration.

The time and place for the public meeting to hear testimony on renewing the MTMD and levying assessments are set for May 7, 2024, at 5:30 PM, or as soon thereafter as the matter may be heard, at the Council Chambers located at 1010 10th Street, Modesto, CA, 95354. Following the public meeting, the City Council shall move to introduce and conduct the first reading of the Ordinance to renew the MTMD and continue the levy of assessments.

The time and place for the second reading of the Ordinance to renew the MTMD and the levy of assessments are set for May 14, 2024, at 5:30 PM, or as soon thereafter as the matter may be heard, at the Council Chambers located at 1010 10th Street, Modesto, CA, 95354. The City Clerk is directed to provide written notice to the lodging businesses subject to assessment of the #5..
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City Council, March 12, 2024
A Resolution of Intention to Renew the Modesto Tourism Marketing District

date and time of the meeting and hearing, and to provide that notice as required by Streets and Highways Code §36623, no later than March 30, 2024.

At the public meeting and hearing, the testimony of all interested persons for or against the renewal of the MTMD may be received. If at the conclusion of the public hearing, there are of record written protests by the owners of the lodging businesses within the renewed MTMD that will pay more than fifty percent (50%) of the estimated total assessment of the entire MTMD, no further proceedings to renew the MTMD shall occur for a period of one (1) year.

Following a successful public hearing, at the City Council meeting on May 14, 2024, held at City Council Chambers located at 1010 10th Street, Modesto, CA, 95354, the City Council may conduct a second reading of the Ordinance to renew the MTMD and to continue the levy of assessments. At the conclusion of the second reading of the Ordinance, the City Council may adopt the Ordinance, renewing the MTMD and levying the assessments.

FISCAL IMPACT:

Below is a table of the funding received from the district the last four years:
2019-2020 2020-2021 2021-2022 2022-2023
$ 225,950.15 $ 315,818.63 $ 394,989.58 $ 384,981.92
To be precise, the Modesto Tourism Marketing District is projected to contribute 45% (or $384,982) of Visit Modesto’s ongoing revenue in Fiscal Year 2024.

Staff would anticipate that this funding would stay at a similar amount for the ten year period of time if no increase was initiated.

COMMITTEE RECOMMENDATION:

Due to time constraints, this was brought directly to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Adopt Resolution of Intention to renew the Modesto Tourism Marketing District (MTMD) and fixing the time and place of a public meeting and public hearing thereon and giving notice thereof.

Approved by:

Jessica Hill, Director of Community and Economic
Development
Joseph P. Lopez, City Manager
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City Council, March 12, 2024
A Resolution of Intention to Renew the Modesto Tourism Marketing District

Attachments:

1. Resolution of Intention

2. Management District Plan
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3/12/2024/CED/TBarber/Item XX 1 2024-xxx

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XXX

ADOPT RESOLUTION OF INTENTION TO RENEW THE MODESTO

TOURISM MARKETING DISTRICT (MTMD) AND FIXING THE TIME AND

PLACE OF A PUBLIC MEETING AND A PUBLIC HEARING THEREON AND

GIVING NOTICE THEREOF
WHEREAS, the City of Modesto (City) created the MTMD on May 7, 2019 by Resolution No. 2019-213; and
WHEREAS, the MTMD was created for a four (4) year and eleven (11) month term which ends on June 30, 2024; and
WHEREAS, the Property and Business Improvement Law of 1994, Streets and Highways Code § 36600 et seq., authorizes the City to renew business improvement districts for the purposes of promoting tourism; and
WHEREAS, Visit Modesto, Inc., lodging business owners, and representatives from the City have met to consider the renewal of the MTMD; and WHEREAS, Visit Modesto, Inc. has drafted a Management District Plan (Plan) which sets forth the proposed boundary of the MTMD, a service plan and budget, and a proposed means of governance; and
WHEREAS, lodging businesses who will pay more than fifty percent (50%) of the assessment under the MTMD have petitioned the City Council to renew the MTMD; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Modesto that it hereby authorizes the City Manager, or his designee to negotiate and execute the Agreement, in a form approved by the City Attorney.

1. The recitals set forth herein are true and correct.
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3/12/2024/CED/TBarber/Item XX 2 2024-xxx

2. The City Council finds that lodging businesses that will pay more than fifty percent (50%) of the assessment proposed in the Plan have signed and submitted petitions in support of the renewal of the MTMD. The City Council accepts the petitions and adopts this Resolution of Intention to renew the MTMD and to levy an assessment on certain lodging businesses within the MTMD boundaries in accordance with the Property and Business Improvement District Law of 1994.

3. The City Council finds that the Plan satisfies all requirements of Streets and Highways Code §36622.

4. The City Council declares its intention to renew the MTMD and to levy and collect assessments on certain lodging businesses within the MTMD boundaries pursuant to the Property and Business Improvement District Law of 1994.

5. The MTMD shall include all lodging businesses with twenty (20) rooms or more, existing and in the future, available for public occupancy within the boundaries of the City of Modesto, as shown in the map attached as Exhibit A.

6. The name of the district shall be Modesto Tourism Marketing District (MTMD).

7. The annual assessment rate is one percent (1%) of gross short-term sleeping room rental revenue on all lodging businesses with twenty (20) rooms or more, existing and in future, available for public occupancy, located within the boundaries of the City of Modesto. Based on the benefit received, assessments will not be collected on: stays of more than twenty-seven (27) consecutive days; stays by any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty; stays by any officer or employee of the United States Government, or of a federal credit union, or of a state, county, city or other domestic public entity who pays rent in the discharge of official government business; and stays by any officer or employee of a bank or insurance company who pays rent in the discharge of official bank or insurance company business. a. During the MTMD’s ten (10) year term, upon the recommendation of the TMD Committee and approval by the Modesto City Council, the assessment rate may be increased by the Owners’ Association to a maximum rate of three percent (3%) of gross short-term sleeping room rental revenue for assessed businesses as described in the Plan. The increase in any year shall not exceed one-half of one percent (0.50%) of gross short-term sleeping room rental revenue each year as detailed in the Plan.

8. The assessments levied for the MTMD shall be applied toward sales and marketing programs to market assessed lodging businesses in Modesto as #5..
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3/12/2024/CED/TBarber/Item XX 3 2024-xxx
tourist, meeting, and event destinations, as described in the Plan. Funds remaining at the end of any year may be used in subsequent years in which MTMD assessments are levied as long as they are used consistent with the requirements of this resolution and the Plan.

9. The renewed MTMD will have a ten (10) year term, beginning July 1, 2024, or as soon as possible thereafter, and ending ten (10) years from its start date unless renewed pursuant to Streets and Highways Code § 36660.

10. Bonds shall not be issued.

11. The time and place for the public meeting to hear testimony on renewing the MTMD and levying assessments are set for May 7, 2024, at 5:30 PM, or as soon thereafter as the matter may be heard, at the Council Chambers located at 1010 10th Street, Modesto, CA, 95354. The City Clerk is directed to provide written notice to the lodging businesses subject to assessment of the date and time of the meeting and hearing, and to provide that notice as required by Streets and Highways Code §36623, no later than March 30, 2024.

12. The time and place for the second reading of the Ordinance renew the MTMD and the levy of assessments are set for May 14, 2024, at 5:30 PM, or as soon thereafter as the matter may be heard, at the Council Chambers located at 1010 10th Street, Modesto, CA, 95354.

13. At the public meeting and hearing, the testimony of all interested persons for or against the renewal of the MTMD may be received. If at the conclusion of the public hearing, there are of record written protests by the owners of the lodging businesses within the renewed MTMD that will pay more than fifty percent (50%) of the estimated total assessment of the entire MTMD, no further proceedings to renew the MTMD shall occur for a period of ten (10) years.

14. Following a successful public hearing, on May 7, 2024, held at City Council Chambers located at 1010 10th Street, Modesto, CA, 95354, the City Council may conduct a second reading of the Ordinance on May 14, 2024 to renew the MTMD and to continue the levy of assessments. At the conclusion of the second reading of the Ordinance, the renewal will be effective in 30 days.

15. The complete Plan is on file with the City Clerk and may be reviewed upon request.
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3/12/2024/CED/TBarber/Item XX 4 2024-xxx
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 12th day of March 2024, by Councilmember , who moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

BY: __________________________________________
JOSE M. SANCHEZ, City Attorney
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April 11, 2019
R

MODESTO TOURISM MARKETING DISTRICT

MANAGEMENT DISTRICT PLAN
Prepared pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq.
2024-2034
January 10, 2024
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CONTENTS
I. OVERVIEW.......................................................................................................................................... 3 II. BACKGROUND................................................................................................................................. 5 III. ACCOMPLISHMENTS ..................................................................................................................... 6 IV. BOUNDARY........................................................................................................................................ 8 V. ASSESSMENT BUDGET AND SERVICES..............................................................................10 A. Annual Service Plan.......................................................................................................... 10 B. Annual Budget .................................................................................................................. 11 C. California Constitutional Compliance .............................................................................. 13 D. Assessment........................................................................................................................ 15 E. Interest and Penalties ........................................................................................................ 16 F. Time and Manner for Collecting Assessments................................................................. 16 VI. GOVERNANCE ...............................................................................................................................17 A. Owners’ Association......................................................................................................... 17 B. Brown Act and California Public Records Act Compliance ............................................ 17 C. Annual Report................................................................................................................... 17 APPENDIX 1 – LAW ....................................................................................................................................18 APPENDIX 2 – ASSESSED BUSINESSES..............................................................................................31 Prepared by
Civitas
(800)999-7781
www.civitasadvisors.com
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MTMD Management District Plan 3
January 10, 2024
I. OVERVIEW
Developed by Visit Modesto, Inc. (VM) and Modesto lodging businesses, the Modesto Tourism Marketing District (MTMD) is an assessment district proposed to continue to provide specific benefits to payors, by funding marketing and sales promotion efforts for assessed businesses. This approach has been used successfully in other destination areas throughout the country to provide the benefit of additional room night sales directly to payors. The MTMD was created in 2019 for a four (4) year and eleven (11) month term. VM, Modesto lodging businesses, now wish to renew the MTMD for an additional ten (10) year term.

Location: The renewed MTMD includes all lodging businesses with twenty (20) rooms or more, existing and in the future, available for public occupancy located within the boundaries of the City of Modesto (referred to herein as “assessed businesses”), as shown on the map in Section IV.

Services: The MTMD is designed to provide specific benefits directly to payors by increasing awareness and demand for room night sales. Marketing and sales promotions will increase demand for overnight tourism and market payors as tourist, meeting, and event destinations, thereby increasing demand for room night sales.

Budget: The total MTMD annual assessment budget for the initial year of its ten (10) year operation is anticipated to be approximately $430,540. A similar budget is expected to apply to subsequent years, but this budget is expected to fluctuate as room sales do, as businesses open and close, and if assessment rates are increased as detailed in Section V.

Cost: The annual assessment rate is one percent (1%) of gross short-term sleeping room rental revenue. Based on the benefit received, assessments will not be collected on:
stays of more than twenty-seven (27) consecutive days; stays by any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty; stays by any officer or employee of the United States Government, or of a federal credit union, or of a state, county, city or other domestic public entity who pays rent in the discharge of official government business; and stays by any officer or employee of a bank or insurance company who pays rent in the discharge of official bank or insurance company business.

During the MTMD’s ten (10) year term, upon the recommendation of the TMD Committee and approval by the Modesto City Council, the assessment rate may be increased by the Owners’ Association to a maximum rate of three percent (3%) of gross short-term sleeping room rental revenue for assessed businesses as described in Section V. The increase in any year shall not exceed one-half of one percent (0.50%) of gross short-term sleeping room rental revenue as detailed in Section V. #5..
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MTMD Management District Plan 4
January 10, 2024
……………………………………………………..

Collection: The City of Modesto (City) will be responsible for collecting the assessment (including any delinquencies, interest, and penalties) from each assessed business located in the boundaries of the MTMD. As the tax administrator, the City shall have the flexibility to determine and set the assessment collection schedule (monthly/quarterly). The City shall take all reasonable efforts to collect the assessments from each assessed business.

Duration: The renewed MTMD will have a ten (10) year life, beginning July 1, 2024, or as soon as possible thereafter, and ending ten (10) years from its start date. After ten (10) years, the MTMD may be renewed pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq. (94 Law) if business owners support continuing the MTMD programs. Once per year, beginning on the anniversary of MTMD formation, there is a thirty (30) day period in which owners paying fifty percent (50%) or more of the assessment may protest and initiate a City Council hearing on MTMD termination.

Management: With the approval of the Modesto City Council, Visit Modesto, Inc. (VM) shall continue to serve as the MTMD’s Owners’ Association. The Owners’ Association is charged with managing funds and implementing programs in accordance with this Plan and must provide annual reports to the City Council. VM shall create a TMD Management Committee comprised of lodging business owners paying the assessment. The TMD Management Committee shall be tasked with determining how MTMD funds are spent within the designated programs in this Plan, subject to final approval by VM’s Board.
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MTMD Management District Plan 5
January 10, 2024
II. BACKGROUND
TMDs are an evolution of the traditional Business Improvement District. The first TMD was formed in West Hollywood, California in 1989. Since then, over 100 California destinations have followed suit. In recent years, other states have begun adopting the California model –Illinois, Minnesota, Massachusetts, Montana, South Dakota, Washington, Colorado, Texas, and Louisiana have adopted TMD laws. Several other states are in the process of adopting their own legislation. The cities of Wichita, Kansas and Newark, New Jersey used an existing business improvement district law to form a TMD. Additionally, some cities, like Portland, Oregon and Memphis, Tennessee have utilized their home rule powers to create TMDs without a state law.

California’s TMDs collectively
raise over $500 million
annually for local destination
marketing. With competitors
raising their budgets, and
increasing rivalry for visitor
dollars, it is important
that Modesto lodging
businesses continue to invest
in stable, commerce-specific
marketing programs.

TMDs utilize the efficiencies
of private sector operation in the market-based promotion of tourism districts. TMDs allow lodging business owners to organize their efforts to increase commerce. Lodging business owners within the TMD pay an assessment and those funds are used to provide services that increase commerce.

In California, most TMDs are formed pursuant to the Property and Business Improvement District Law of 1994. This law allows for the creation of a benefit assessment district to raise funds within a specific geographic area. The key difference between TMDs and other benefit assessment districts is that funds raised are returned to the private non-profit corporation governing the district.

There are many benefits to TMDs:
• Funds must be spent on services and improvements that provide a specific benefit only to those who pay;
• Funds cannot be diverted to general government programs; • They are customized to fit the needs of payors in each destination; • They allow for a wide range of services;
• They are designed, created, and governed by those who will pay the assessment; and • They provide a stable, long-term funding source for tourism promotion. #5..
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MTMD Management District Plan 6
January 10, 2024
III. ACCOMPLISHMENTS

1. TOT Revenue
• Since the 2018/19 Fiscal Year, total TOT (Transient Occupancy Tax) revenue has increased by over 21%
• In marketing spending on tour and travel related business has increased by over 24% (DRA reports)

2. Pandemic Revenue
Throughout the pandemic, the Modesto Hospitality market achieved the best results in the Central Valley. In the fiscal year 2021-22, the market performance for Modesto far exceeded all cities of the Central Valley in Occupancy and RevPAR resulting in a record year for TOT at $3.6M. More importantly, in the fiscal year ending June 30, 2020, after 90 days of a global standstill, the TOT performance in Modesto exceeded the best year in collection history (2018-19). All these achievements occurred while the global travel industry was in constant flux.

More importantly, compared to the Central Valley’s largest cities while experiencing the reduced room count, Modesto outperformed every city in pre-pandemic v post-pandemic performance for 2022-23 in both Occupancy and RevPAR. Note that while all cities experienced a loss in occupancy, Modesto had the lowest variance and was the only city to GROW in RevPAR.

3. February/March Growth
Upon inception, the Visit Modesto team committed to the MTMD that ‘shoulder periods’ would be the primary focus of efforts to grow occupancy & RevPAR. The first initiative was launched in February 2020, the Almond Blossom Cruise, for the February/March season with a unique Agricultural Tourism and a long-drive market-stay-overnight angle. The results have been incredible, though a global pandemic almost brought tourism to a grinding halt starting in February of 2020.

The results for RevPAR performance are below compared to pre-pandemic levels; REVPAR 2019 2020 2021. 2022. 2023.

February $64.27 $66.44 $66.80 $77.53 $83.17
March $71.28 $49.91* $77.84 $82.80 $79.60
*Global quarantines began in March 2020
The end result is incredible with a 29.5% increase for February and a 11.7% increase for March.

These types of results exemplify the reason the MTMD was formed and the potential that the team at Visit Modesto has to impact tourism when the market conditions and travel trends are aligned for new initiatives.

4. Destination Programs
During the pandemic, Visit Modesto had several successful initiatives that brought significant visitor impact during traditionally low occupancy, low visitation periods; • Almond Blossom Cruise; increased occupancy and revenues for February/March. In 2022, in the heart of the Pandemic when the weather was good (2023 had 40 out of 45 days with rain) the Almond Blossom Cruise generated over 100K Visitor Trips alone! • MoCheer impacts December visitor traffic.
• MoFresh is creating more opportunities for visitors to stay for more than gas fill-ups May through August
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MTMD Management District Plan 7
January 10, 2024
• MoPink has created both local and regional reasons to spend more in Modesto and have an impact on charities that keep money local in support of local programs

5. Global Perception of Modesto
With a change in focus from a one-dimensional value proposition of Modesto, Graffiti Summer, there has been an incredible public relations impact for the community. Modesto’s restaurants, agricultural attractions and murals have all received national press attention.

Awards & Accolades – Modesto is no longer on all the ‘naughty’ lists! - 2021; ESTO Award Finalist (1 of 3 in the US) US Travel Excellence Award - 2021; Poppy Award Finalist (1 of 3 in California) Visit CA Excellence Award - 2022; Top Cities for Cyclists
- 2022; Best Places to Live US News & World Report
- 2023; #8 Best Places to Live in CA Forbes2023
- 2023; #87 Best Cities in America (made the top 100 list!!!) - 2023; #1 Hidden Gem Live Music City in the US
Public Relations/Influencers & Major Media
- Key Highlights
o 2021; Good Day Sacramento (7 times), ABC 10 & Fox 40 Sacramento o 2022; HiTravel Tales, Forbes, Travel Pulse, SF Gate September o 2023; NBC Los Angeles, Thrillist, Secret San Francisco, Washington Post, Tasting Table, KNBC Los Angeles, KSND San Diego, KOVR Sacramento, SF Gate, HelloRubyDoodle, Momtastic, Travel Tweeks, Tennessee Tribune, Yahoo Canada #5..
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MTMD Management District Plan 8
January 10, 2024
IV. BOUNDARY
The MTMD will include all lodging businesses with twenty (20) rooms or more, existing and in the future, available for public occupancy within the boundaries of the City of Modesto (referred to herein as “assessed businesses”), as shown in the map on the following page.

Lodging business means: any structure, or any portion of any structure within the City, which is intended or designed for lodging or sleeping purposes wherein the owner or operator thereof offers occupancy, defined as the use or possession, or the right to use or possession granted by the owner or operator thereof for compensation of any room or rooms or portion thereof for lodging or sleeping purposes. Lodging business does not include any vacational rental, vacation rental unit, short-term vacation rental, nor any hospital, medical clinic, convalescent home or other temporary or permanent domicile equipped primarily for the care of aged or infirm people.

A complete listing of assessed businesses within the renewed MTMD, can be found in Appendix 2. #5..
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MTMD Management District Plan 9
January 10, 2024
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MTMD Management District Plan 10
January 10, 2024
V. ASSESSMENT BUDGET AND SERVICES
A. Annual Service Plan
Assessment funds will be spent to provide specific benefits conferred or privileges granted directly to the payors that are not provided to those not charged, and which do not exceed the reasonable cost to the City of conferring the benefits or granting the privileges. The privileges and services provided with the MTMD funds are sales and marketing programs available only to assessed businesses.

A service plan assessment budget has been developed to deliver services that benefit the assessed businesses. A detailed annual assessment budget will be developed and approved by VM. The chart below illustrates the initial annual assessment budget allocations. These activities and allocations will also apply in subsequent years. The total initial assessment budget is estimated to be $430,540.

Although actual revenues will fluctuate due to market conditions, the proportional allocations of the budget shall remain the same. However, the City and VM’s Board shall have the authority to adjust budget allocations between the categories by no more than fifteen percent (15%) of the total budget per year. A description of the proposed improvements and activities for the initial year of operation is below. The same activities are proposed for subsequent years. In the event of a legal challenge against the MTMD, any and all assessment funds may be used for the costs of defending the MTMD.

Each budget category includes all costs related to providing that service in accordance with Generally Accepted Accounting Procedures (GAAP). For example, the sales and marketing budget includes the cost of staff time dedicated to overseeing and implementing the sales and marketing program. Staff time dedicated purely to administrative tasks is allocated to the administrative portion of the budget.

The costs of an individual staff member may be allocated to multiple budget categories, as appropriate Administration &
Collection, $64,581
, 15%
Contingency /
Reserve / Renewal,
$21,527 , 5%
Sales &
Marketing,
$344,432 , 80%
Initial Annual Assessment Budget - $430,540
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MTMD Management District Plan 11
January 10, 2024
in accordance with GAAP. The staffing levels necessary to provide the services below will be determined by VM on an as- needed basis.

Sales and Marketing
A sales and marketing program promotes assessed businesses as tourist, meeting, and event destinations. The sales and marketing program will have a central theme of promoting Modesto as a desirable place to visit. The program has the goal of increasing overnight visitation and room night sales at assessed businesses, and may include, but not limited to, the following activities:
• Multi-media marketing efforts including digital, print, and other diversified media strategies curated to target prospective visitors and maximize online presence and visibility; • Television ads targeted at potential visitors;
• Radio ads targeted at potential visitors;
• Attendance of trade shows;
• Special events highlighting unique aspects of Modesto; • Preparation and production of collateral promotional materials such as brochures, flyers, and maps;
• Data and industry analytics used for marketing;
• Participation fees and attendance of professional industry conferences and affiliation events; • Lead generation activities designed to attract tourists and group events to Modesto; and • Any agency fees and commissions related to the execution of programs and activities authorized by this Plan.

Administration and Collection
The administration portion of the budget shall be utilized for administrative staffing costs, office costs, and other general administrative costs such as insurance, legal, and accounting fees. The collection portion of the budget shall be utilized for paying the City of Modesto for the costs of collecting the assessment. The City of Modesto shall be paid based upon the actual costs it incurs in administering the assessment, subject to audit, but such amount shall not exceed three percent (3%) of the amount collected to cover the costs of collecting the assessment.

Contingency/Reserve/Renewal
A portion of the budget will be allocated to a contingency fund to account for lower than anticipated collections. If collected contingency funds remain in the budget near the expiration of the MTMD’s term, and business owners wish to renew the District, the contingency funds may be used for renewal costs.

B. Annual Budget
The total ten (10) year assessment budget is projected at approximately $430,540 annually, or $4,305,400 through FY 2033 – 34 if assessment rates are not increased. If the maximum assessment rate increases are adopted, the estimated total assessment budget through FY 2033 – 34 is $10,736,500 This amount may fluctuate as sales and revenue increase at assessed businesses, and as businesses open and close, but is not expected to change significantly over the term. #5..
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MTMD Management District Plan 12
January 10, 2024
The initial annual assessment rate is one percent (1%) of gross short-term sleeping room rental revenue. Upon the recommendation of the TMD Committee, the assessment rate may be increased by VM’s Board and subject to Modesto City Council approval, up to a maximum of one-half of one percent (0.50%) per year to a maximum rate of three percent (3%). However, the assessment rate increase in any given year may be an amount less than one-half of one percent (0.50%). For example, the assessment rate in FY 2025-26 could be increased by one-quarter of one percent (0.25%) and in FY 2026-27 the assessment rate could be increased by another one-quarter of one percent (0.25%), etc. up to a maximum assessment rate of three percent (3%).

The table below demonstrates the estimated maximum budget with the assumption that the assessment rate will be increased at the earliest opportunity as it is a required disclosure, it is not the anticipated course of action. Alternate courses of action may be taken in regard to implementing the assessment rate increase other than what is demonstrated in the chart below, within the parameters of this Management District Plan.

Estimated Annual Budget If Maximum Assessment Rates Are Adopted Fiscal
Year Sales & Marketing Administration & Collection
Contingency /
Reserve / Renewal Total
2024-25 $344,432 $64,581 $21,527 $430,540
2025-26 $516,648 $96,872 $32,291 $645,810
2026-27 $688,864 $129,162 $43,054 $861,080
2027-28 $861,080 $161,453 $53,818 $1,076,350
2028-29 $1,033,296 $193,743 $64,581 $1,291,620
2029-30 $1,033,296 $193,743 $64,581 $1,291,620
2030-31 $1,033,296 $193,743 $64,581 $1,291,620
2031-32 $1,033,296 $193,743 $64,581 $1,291,620
2032-33 $1,033,296 $193,743 $64,581 $1,291,620
2033-34 $1,033,296 $193,743 $64,581 $1,291,620
Total $8,610,800 $1,614,525 $538,175 $10,763,500
The table below demonstrates the annual improvement and service plan budget with the assumption that the rates will not be increased during the MTMD’s term. #5..
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Estimated Annual Budget if Assessment Rates Are Not Increased Fiscal
Year Sales & Marketing Administration & Collection
Contingency /
Reserve / Renewal Total
2024-25 $322,905 $64,581 $21,527 $430,540
2025-26 $344,432 $64,581 $21,527 $430,540
2026-27 $344,432 $64,581 $21,527 $430,540
2027-28 $344,432 $64,581 $21,527 $430,540
2028-29 $344,432 $64,581 $21,527 $430,540
2029-30 $344,432 $64,581 $21,527 $430,540
2030-31 $344,432 $64,581 $21,527 $430,540
2031-32 $344,432 $64,581 $21,527 $430,540
2032-33 $344,432 $64,581 $21,527 $430,540
2033-34 $344,432 $64,581 $21,527 $430,540
Total $3,422,793 $645,810 $215,270 $4,305,400
C. California Constitutional Compliance
The MTMD assessment is not a property-based assessment subject to the requirements of Proposition 218. Courts have found Proposition 218 limited the term ‘assessments’ to levies on real property.1 Rather, the MTMD assessment is a business-based assessment, and is subject to Proposition 26.

Pursuant to Proposition 26 all levies are a tax unless they fit one of seven exceptions. Two of these exceptions apply to the MTMD, a “specific benefit” and a “specific government service.” Both require that the costs of benefits or services do not exceed the reasonable costs to the City of conferring the benefits or providing the services.

1. Specific Benefit
Proposition 26 requires that assessment funds be expended on, “a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege.”2 The services in this Plan are designed to provide targeted benefits directly to assessed businesses, and are intended only to provide benefits and services directly to those businesses paying the assessment. These services are tailored not to serve the general public, businesses in general, or parcels of land, but rather to serve the specific businesses within the MTMD. The activities described in this Plan are specifically targeted to increase demand for room night sales for assessed businesses within the boundaries of the MTMD, and are narrowly tailored. MTMD funds will be used exclusively to provide the specific benefit of increased demand for room night sales directly to the assessees.

Assessment funds shall not be used to feature non-assessed businesses in MTMD programs, or to directly generate sales for non-assessed businesses. The activities paid for from assessment revenues 1 Jarvis v. the City of San Diego 72 Cal App. 4th 230 2 Cal. Const. art XIII C § 1(e)(1) #5..
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are business services constituting and providing specific benefits to the assessed businesses. Nothing in this Plan limits the ability of the Owners’ Association to enter into private contracts with nonassessed businesses for the provision of services to those businesses.

The assessment imposed by this MTMD is for a specific benefit conferred directly to the payors that is not provided to those not charged. The specific benefit conferred directly to the payors is an increase in demand for room night sales. The specific benefit of an increase in demand for room night sales for assessed businesses will be provided only to businesses paying the district assessment, with marketing and sales programs promoting businesses paying the MTMD assessment. The marketing and sales programs will be designed to increase demand for room night sales at each assessed business. Because they are necessary to provide the marketing and sales programs that specifically benefit the assessed businesses, the administration and contingency services also provide the specific benefit of increased demand for room night sales to the assessed businesses.

Although the MTMD, in providing specific benefits to payors, may produce incidental benefits to non-paying businesses, the incidental benefit does not preclude the services from being considered a specific benefit. The legislature has found that, “A specific benefit is not excluded from classification as a ‘specific benefit’ merely because an indirect benefit to a nonpayer occurs incidentally and without cost to the payor as a consequence of providing the specific benefit to the payor.”3

2. Specific Government Service
The assessment may also be utilized to provide, “a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product.”4 The legislature has recognized that marketing and promotions services like those to be provided by the MTMD are government services within the meaning of Proposition 265 . Further, the legislature has determined
that “a specific government service is not excluded from classification as a ‘specific government service’ merely because an indirect benefit to a nonpayer occurs incidentally and without cost to the payor as a consequence of providing the specific government service to the payor.”6

3. Reasonable Cost
MTMD services will be implemented carefully to ensure they do not exceed the reasonable cost of such services. The full amount assessed will be used to provide the services described herein. Funds will be managed by VM, and reports submitted on an annual basis to the City. Only assessed businesses will be featured in marketing materials, receive sales leads generated from MTMD-funded activities, be featured in advertising campaigns, and benefit from other MTMD-funded services. Nonassessed businesses will not receive these, nor any other, MTMD-funded services and benefits. 3 Government Code § 53758(a)
4 Cal. Const. art XIII C § 1(e)(2)
5 Government Code § 53758(b)
6 Government Code § 53758(b)
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The MTMD-funded programs are all targeted directly at and feature only assessed businesses. It is, however, possible that there will be a spill over benefit to non-assessed businesses. If non-assessed businesses receive incremental room nights, that portion of the promotion or program generating those room nights shall be paid with non-MTMD funds. MTMD funds shall only be spent to benefit the assessed businesses, and shall not be spent on that portion of any program which directly generates incidental room nights for non-assessed businesses.

D. Assessment
The annual assessment rate is one percent (1%) of gross short-term sleeping room rental revenue on all lodging businesses with twenty (20) rooms or more, existing and in future, available for public occupancy, located within the boundaries of the City of Modesto. Based on the benefit received, assessments will not be collected on: stays of more than twenty-seven (27) consecutive days; stays by any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty; stays by any officer or employee of the United States Government, or of a federal credit union, or of a state, county, city or other domestic public entity who pays rent in the discharge of official government business; and stays by any officer or employee of a bank or insurance company who pays rent in the discharge of official bank or insurance company business.

During the ten (10) year term, the assessment rate may be increased by VM’s Board and Modesto City Council approval up to a total of three percent (3%) of gross short-term sleeping room rental revenue.

The initial annual assessment rate is one percent (1%) of gross short-term sleeping room rental revenue. The maximum increase in any year shall not exceed one-half of one percent (0.50%). Any assessment rate increase approved by VM’s Board shall be included in the annual report.

The assessment was calculated based on the total cost of the activities to be provided for the benefit of the assessed businesses within the MTMD, with costs allocated based on the proportional benefit conferred to each assessed business. Activities funded by the MTMD, are specifically targeted to increase demand for room nights at assessed businesses. All room night sales do not represent the same benefit to the payors. For example, a higher priced room night is of greater benefit than a lower priced room night because the assessee derives greater revenue. To account for this benefit differential and to make sure the benefits are proportional, an assessment formula based on a percentage of revenue has been selected. The proposed formula accurately reflects greater benefit to assessed businesses with higher priced room nights.

The term “gross short-term sleeping room rental revenue” as used herein means the consideration charged, whether or not received, for the occupancy of space in an assessed business valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever. Gross short-term sleeping room rental revenue does not include compensation for services or products.

Gross short-term sleeping room rental revenue shall not include, and therefore the assessment shall not be charged upon, any federal, state, or local taxes collected, including but not limited to transient occupancy taxes.
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The assessment is levied upon and a direct obligation of the assessed business. However, the assessed business may, at its discretion, pass the assessment on to transients. The amount of assessment, if passed on to each transient, shall be disclosed in advance and separately stated from the amount of rent charged and any other applicable taxes, and each transient shall receive a receipt for payment from the business. If the MTMD assessment is identified separately it shall be disclosed as the “MTMD Assessment.” As an alternative, the disclosure may include the amount of the MTMD assessment and the amount of the assessment imposed pursuant to the California Tourism Marketing Act, Government Code §13995 et seq. and shall be disclosed as the “Tourism Assessment.” The assessment is imposed solely upon and is the sole obligation of the assessed business even if it is passed on to transients. The assessment shall not be considered revenue for calculation of transient occupancy taxes.

Bonds shall not be issued.

E. Interest and Penalty Charges
The MTMD shall reimburse the City of Modesto for any costs associated with collecting unpaid assessments. If sums in excess of the delinquent MTMD assessment are sought to be recovered in the same collection action by the City, the MTMD shall bear its pro rata share of such collection costs.

Assessed businesses which are delinquent in paying the assessment shall be responsible for paying:

1. Delinquency
Any assessed business that fails to remit any assessment imposed by this Plan within the time required shall, in addition to the amount of the assessment, pay a penalty of five percent (5%) of the amount of the assessment per month or fraction thereof until paid; the maximum penalty imposed on any one delinquency shall not exceed twenty-five percent (25%) of the amount of the assessment.

2. Fraud
If the City determines that the non-payment of any assessment due from any transient or assessed business under this Plan is due to intentional non-payment or fraud, a penalty of twenty-five percent (25%) of the amount of the assessment shall be added thereto in addition to the penalties stated above.

3. Penalties
Every penalty imposed and collected under the provisions of this section by the City, shall be required to be paid and shall be retained by the City to cover the cost of collection of the delinquency.

F. Time and Manner for Collecting Assessments
The MTMD assessment will be implemented beginning July 1, 2024, or as soon as possible thereafter, and ending ten (10) years from its start date. The City will be responsible for collecting the assessment on a quarterly basis and is subject to change as determined by the City (including any delinquencies, interest and penalties) from each assessed business located in the City of Modesto. The City shall take all reasonable efforts to collect the assessments from each assessed business. The City shall forward the assessments collected to the Owners’ Association.
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VI. GOVERNANCE
A. Owners’ Association
The City Council, through adoption of this Management District Plan, has the right, pursuant to Streets and Highways Code §36651, to identify the body that shall implement the proposed program, which shall be the Owners’ Association of the MTMD as defined in Streets and Highways Code §36612. The City Council has determined that Visit Modesto, Inc. (VM) will continue to serve as the Owners’ Association for the MTMD.

TMD Management Committee
VM will create a TMD Management Committee charged with managing funds and implementing programs in accordance with this Plan. The TMD Management Committee will be required to provide an annual report on activities and expenditures to the City of Modesto, which will also be available to assessed business owners. The TMD Management Committee must also hold open meetings and make records available pursuant to the Brown Act and Public Records Act.

B. Brown Act and California Public Records Act Compliance An Owners’ Association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. The Owners’ Association is, however, subject to government regulations relating to transparency, namely the Ralph M. Brown Act and the California Public Records Act. These regulations are designed to promote public accountability. The Owners’ Association acts as a legislative body under the Ralph M. Brown Act (Government Code §54950 et seq.). Thus, meetings of VM board and certain committees must be held in compliance with the public notice and other requirements of the Brown Act. Accordingly, the Owners’ Association shall publicly report any action taken and the vote or abstention on that action of each member present for the action. The Owners’ Association is also subject to the record keeping and disclosure requirements of the California Public Records Act.

C. Annual Report
VM shall present an annual report at the end of each year of operation to the City Council pursuant to Streets and Highways Code §36650 (see Appendix 1). The annual report shall include:
• Any proposed changes in the boundaries of the improvement district or in any benefit zones or classification of businesses within the district.
• The improvements and activities to be provided for that fiscal year. • An estimate of the cost of providing the improvements and the activities for that fiscal year. • The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for that fiscal year.
• The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
• The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part.
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APPENDIX 1 – LAW
*** THIS DOCUMENT IS CURRENT THROUGH THE 2023 SUPPLEMENT *** (ALL 2022 LEGISLATION)

STREETS AND HIGHWAYS CODE
DIVISION 18. PARKING
PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 CHAPTER 1. General Provisions
ARTICLE 1. Declarations
36600. Citation of part
This part shall be known and may be cited as the “Property and Business Improvement District Law of 1994.” 36601. Legislative findings and declarations; Legislative guidance The Legislature finds and declares all of the following:
(a) Businesses located and operating within business districts in some of this state’s communities are economically disadvantaged, are underutilized, and are unable to attract customers due to inadequate facilities, services, and activities in the business districts. (b) It is in the public interest to promote the economic revitalization and physical maintenance of business districts in order to create jobs, attract new businesses, and prevent the erosion of the business districts. (c) It is of particular local benefit to allow business districts to fund business related improvements, maintenance, and activities through the levy of assessments upon the businesses or real property that receive benefits from those improvements.
(d) Assessments levied for the purpose of conferring special benefit upon the real property or a specific benefit upon the businessesin a business district are not taxesfor the general benefit of a city, even if property, businesses, or persons not assessed receive incidental or collateral effects that benefit them. (e) Property and business improvement districts formed throughout this state have conferred special benefits upon properties and businesses within their districts and have made those properties and businesses more useful by providing the following benefits:
(1) Crime reduction. A study by the Rand Corporation has confirmed a 12-percent reduction in the incidence of robbery and an 8-percent reduction in the total incidence of violent crimes within the 30 districts studied.
(2) Job creation.
(3) Business attraction.
(4) Business retention.
(5) Economic growth.
(6) New investments.
(f) With the dissolution of redevelopment agencies throughout the state, property and business improvement districts have become even more important tools with which communities can combat blight, promote economic opportunities, and create a clean and safe environment. (g) Since the enactment of this act, the people of California have adopted Proposition 218, which added Article XIII D to the Constitution in order to place certain requirements and restrictions on the formation of, #5..
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and activities, expenditures, and assessments by property-based districts. Article XIII D of the Constitution provides that property-based districts may only levy assessments for special benefits. (h) The act amending this section is intended to provide the Legislature’s guidance with regard to this act, its interaction with the provisions of Article XIII D of the Constitution, and the determination of special benefits in property-based districts.
(1) The lack of legislative guidance has resulted in uncertainty and inconsistent application of this act, which discourages the use of assessments to fund needed improvements, maintenance, and activities in property-based districts, contributing to blight and other underutilization of property. (2) Activities undertaken for the purpose of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or persons not assessed.

Therefore, for special benefits to exist as a separate and distinct category from general benefits, the incidental or collateral effects of those special benefits are inherently part of those special benefits.

The mere fact that special benefits produce incidental or collateral effects that benefit property or persons not assessed does not convert any portion of those special benefits or their incidental or collateral effects into general benefits.
(3) It is of the utmost importance that property-based districts created under this act have clarity regarding restrictions on assessmentsthey may levy and the proper determination ofspecial benefits.

Legislative clarity with regard to this act will provide districts with clear instructions and courts with legislative intent regarding restrictions on property-based assessments, and the manner in which special benefits should be determined.
36602. Purpose of part
The purpose of this part is to supplement previously enacted provisions of law that authorize cities to levy assessments within property and business improvement districts, to ensure that those assessments conform to all constitutional requirements and are determined and assessed in accordance with the guidance set forth in this act. This part does not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes.
36603. Preemption of authority or charter city to adopt ordinances levying assessments Nothing in this part is intended to preempt the authority of a charter city to adopt ordinances providing for a different method of levying assessments for similar or additional purposes from those set forth in this part. A property and business improvement district created pursuant to this part is expressly exempt from the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with Section 2800)). 36603.5. Part prevails over conflicting provisions
Any provision of this part that conflicts with any other provision of law shall prevail over the other provision of law, as to districts created under this part.
36604. Severability
This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall remain in full force and effect. Assessments levied under this part are not special taxes.

ARTICLE 2. Definitions
36606. “Activities”
“Activities” means, but is not limited to, all of the following that benefit businesses or real property in the district:
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(a) Promotion of public events.
(b) Furnishing of music in any public place.
(c) Promotion of tourism within the district.
(d) Marketing and economic development, including retail retention and recruitment. (e) Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality. (f) Other services provided for the purpose of conferring special benefit upon assessed real property or specific benefits upon assessed businesses located in the district. 36606.5. “Assessment”
“Assessment” means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and providing activities that will provide certain benefits to properties or businesses located within a property and business improvement district.
36607. “Business”
“Business” means all types of businesses and includes financial institutions and professions. 36608. “City”
“City” means a city, county, city and county, or an agency or entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the public member agencies of which includes only cities, counties, or a city and county, or the State of California. 36609. “City council”
“City council” means the city council of a city or the board of supervisors of a county, or the agency, commission, or board created pursuant to a joint powers agreement and which is a city within the meaning of this part. 36609.4. “Clerk”
“Clerk” means the clerk of the legislative body.
36609.5. “General benefit”
“General benefit” means, for purposes of a property-based district, any benefit that is not a “special benefit” as defined in Section 36615.5.
36610. “Improvement”
“Improvement” means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following:
(a) Parking facilities.
(b) Benches, booths, kiosks, display cases, pedestrian shelters, and signs. (c) Trash receptacles and public restrooms.
(d) Lighting and heating facilities.
(e) Decorations.
(f) Parks.
(g) Fountains.
(h) Planting areas.
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(i) Closing, opening, widening, or narrowing of existing streets. (j) Facilities or equipment, or both, to enhance security of persons and property within the district. (k) Ramps, sidewalks, plazas, and pedestrian malls.
(l) Rehabilitation or removal of existing structures.
36611. “Management district plan”; “Plan”
“Management district plan” or “plan” means a proposal as defined in Section 36622. 36612. “Owners’ association”
“Owners’ association” means a private nonprofit entity that is under contract with a city to administer or implement improvements, maintenance, and activities specified in the management district plan. An owners’ association may be an existing nonprofit entity or a newly formed nonprofit entity. An owners’ association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. Notwithstanding this section, an owners’ association shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), at all times when matters within the subject matter of the district are heard, discussed, or deliberated, and with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), for all records relating to activities of the district.
36614. “Property”
“Property” means real property situated within a district. 36614.5. “Property and business improvement district”; “District” “Property and business improvement district,” or “district,” means a property and business improvement district established pursuant to this part.
36614.6. “Property-based assessment”
“Property-based assessment” means any assessment made pursuant to this part upon real property. 36614.7. “Property-based district”
“Property-based district” means any district in which a city levies a property-based assessment. 36615. “Property owner”; “Business owner”; “Owner”
“Property owner” means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of land by the city council. “Business owner” means any person recognized by the city as the owner of the business. “Owner” means either a business owner or a property owner. The city council has no obligation to obtain other information as to the ownership of land or businesses, and its determination of ownership shall be final and conclusive for the purposes of this part. Wherever this part requires the signature of the property owner, the signature of the authorized agent of the property owner shall be sufficient. Wherever this part requires the signature of the business owner, the signature of the authorized agent of the business owner shall be sufficient. 36615.5. “Special benefit”
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(a) “Special benefit” means, for purposes of a property-based district, a particular and distinct benefit over and above general benefits conferred on real property located in a district or to the public at large. Special benefit includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property-based districts even if those incidental or collateral effects benefit property or persons not assessed. Special benefit excludes general enhancement of property value.
(b) “Special benefit” also includes, for purposes of a property-based district, a particular and distinct benefit provided directly to each assessed parcel within the district. Merely because parcels throughout an assessment district share the same special benefits does not make the benefits general. 36616. “Tenant”
“Tenant” means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner.

ARTICLE 3. Prior Law
36617. Alternate method of financing certain improvements and activities; Effect on other provisions This part provides an alternative method of financing certain improvements and activities. The provisions of this part shall not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. Every improvement area established pursuant to the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500) of this division) is valid and effective and is unaffected by this part.

CHAPTER 2. Establishment
36620. Establishment of property and business improvement district A property and business improvement district may be established as provided in this chapter. 36620.5. Requirement of consent of city council
A county may not form a district within the territorial jurisdiction of a city without the consent of the city council of that city. A city may not form a district within the unincorporated territory of a county without the consent of the board of supervisors of that county. A city may not form a district within the territorial jurisdiction of another city without the consent of the city council of the other city.
36621. Initiation of proceedings; Petition of property or business owners in proposed district (a) Upon the submission of a written petition, signed by the property or business owners in the proposed district who will pay more than 50 percent of the assessments proposed to be levied, the city council may initiate proceedings to form a district by the adoption of a resolution expressing its intention to form a district.

The amount of assessment attributable to property or a business owned by the same property or business owner that is in excess of 40 percent of the amount of all assessments proposed to be levied, shall not be included in determining whether the petition is signed by property or business owners who will pay more than 50 percent of the total amount of assessments proposed to be levied. (b) The petition of property or business owners required under subdivision (a) shall include a summary of the management district plan. That summary shall include all of the following:
(1) A map showing the boundaries of the district.
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(3) Information specifying that the complete management district plan shall be furnished upon request.
(c) The resolution of intention described in subdivision (a) shall contain all of the following:
(1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property or businesses within the district, a statement as to whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities, and the location and extent of the proposed district. (2) A time and place for a public hearing on the establishment of the property and business improvement district and the levy of assessments, which shall be consistent with the requirements of Section 36623.
36622. Contents of management district plan
The management district plan shall include, but is not limited to, all of the following:
(a) If the assessment will be levied on property, a map of the district in sufficient detail to locate each parcel of property and, if businesses are to be assessed, each business within the district. If the assessment will be levied on businesses, a map that identifies the district boundaries in sufficient detail to allow a business owner to reasonably determine whether a business is located within the district boundaries. If the assessment will be levied on property and businesses, a map of the district in sufficient detail to locate each parcel of property and to allow a business owner to reasonably determine whether a business is located within the district boundaries.
(b) The name of the proposed district.
(c) A description of the boundaries of the district, including the boundaries of benefit zones, proposed for establishment or extension in a manner sufficient to identify the affected property and businesses included, which may be made by reference to any plan or map that is on file with the clerk. The boundaries of a proposed property assessment district shall not overlap with the boundaries of another existing property assessment district created pursuant to this part. This part does not prohibit the boundaries of a district created pursuant to this part to overlap with other assessment districts established pursuant to other provisions of law, including, but not limited to, the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500)). This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with another business assessment district created pursuant to this part. This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with a property assessment district created pursuant to this part. (d) The improvements, maintenance, and activities proposed for each year of operation of the district and the estimated cost thereof. If the improvements, maintenance, and activities proposed for each year of operation are the same, a description of the first year’s proposed improvements, maintenance, and activities and a statement that the same improvements, maintenance, and activities are proposed for subsequent years shall satisfy the requirements of this subdivision.
(e) The total annual amount proposed to be expended for improvements, maintenance, or activities, and debt service in each year of operation of the district. If the assessment is levied on businesses, this amount may be estimated based upon the assessment rate. If the total annual amount proposed to be expended in each year of operation of the district is not significantly different, the amount proposed to be expended in the initial year and a statement that a similar amount applies to subsequent years shall satisfy the requirements of this subdivision.
(f) The proposed source or sources of financing, including the proposed method and basis of levying the assessment in sufficient detail to allow each property or business owner to calculate the amount of the assessment to be levied against their property or business. The plan also shall state whether bonds will be issued to finance improvements.
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(g) The time and manner of collecting the assessments.
(h) The specific number of years in which assessments will be levied. In a new district, the maximum number of years shall be five. Upon renewal, a district shall have a term not to exceed 10 years. Notwithstanding these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy assessments until the maximum maturity of the bonds. The management district plan may set forth specific increases in assessments for each year of operation of the district. (i) The proposed time for implementation and completion of the management district plan. (j) Any proposed rules and regulations to be applicable to the district. (k)
(1) A list of the properties or businesses to be assessed, including the assessor’s parcel numbers for properties to be assessed, and a statement of the method or methods by which the expenses of a district will be imposed upon benefited real property or businesses, in proportion to the benefit received by the property or business, to defray the cost thereof. (2) In a property-based district, the proportionate special benefit derived by each identified parcel shall be determined exclusively in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the activities. An assessment shall not be imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and a property-based district shall separate the general benefits, if any, from the special benefits conferred on a parcel. Parcels within a property-based district that are owned or used by any city, public agency, the State of California, or the United States shall not be exempt from assessment unless the governmental entity can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. The value of any incidental, secondary, or collateral effects that arise from the improvements, maintenance, or activities of a property-based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identified parcel. (3) In a property-based district, properties throughout the district may share the same special benefits. In a district with boundaries that define which parcels are to receive improvements, maintenance, or activities over and above those services provided by the city, the improvements, maintenance, or activities themselves may constitute a special benefit. The city may impose assessments that are less than the proportional special benefit conferred, but shall not impose assessments that exceed the reasonable costs of the proportional special benefit conferred. Because one or more parcels pay less than the special benefit conferred does not necessarily mean that other parcels are assessed more than the reasonable cost of their special benefit. (l) In a property-based district, a detailed engineer’s report prepared by a registered professional engineer certified by the State of California supporting all assessments contemplated by the management district plan. (m) Any other item or matter required to be incorporated therein by the city council. 36623. Procedure to levy assessment
(a) If a city council proposes to levy a new or increased property assessment, the notice and protest and hearing procedure shall comply with Section 53753 of the Government Code. (b) If a city council proposes to levy a new or increased business assessment, the notice and protest and hearing procedure shall comply with Section 54954.6 of the Government Code, except that notice shall be mailed to the owners of the businesses proposed to be assessed. A protest may be made orally or in writing by any interested person. Every written protest shall be filed with the clerk at or before the time fixed for the public hearing. The city council may waive any irregularity in the form or content of any written protest. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that #5..
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the person subscribing is the owner of the business or the authorized representative. A written protest that does not comply with this section shall not be counted in determining a majority protest. If written protests are received from the owners or authorized representatives of businesses in the proposed district that will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such businesses, as contained in the resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the city council. (c) If a city council proposes to conduct a single proceeding to levy both a new or increased property assessment and a new or increased business assessment, the notice and protest and hearing procedure for the property assessment shall comply with subdivision (a), and the notice and protest and hearing procedure for the business assessment shall comply with subdivision (b). If a majority protest is received from either the property or business owners, that respective portion of the assessment shall not be levied. The remaining portion of the assessment may be levied unless the improvement or other special benefit was proposed to be funded by assessing both property and business owners.
36624. Changes to proposed assessments
At the conclusion of the public hearing to establish the district, the city council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements, maintenance, and activities to be funded with the revenues from the assessments. Proposed assessments may only be revised by reducing any or all of them. At the public hearing, the city council may only make changes in, to, or from the boundaries of the proposed property and business improvement district that will exclude territory that will not benefit from the proposed improvements, maintenance, and activities. Any modifications, revisions, reductions, or changes to the proposed assessment district shall be reflected in the notice and map recorded pursuant to Section 36627. 36625. Resolution of formation
(a) If the city council, following the public hearing, decides to establish a proposed property and business improvement district, the city council shall adopt a resolution of formation that shall include, but is not limited to, all of the following:
(1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property, businesses, or both within the district, a statement on whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements need not be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities and the location and extent of the proposed district. (2) The number, date of adoption, and title of the resolution of intention. (3) The time and place where the public hearing was held concerning the establishment of the district.
(4) A determination regarding any protests received. The city shall not establish the district or levy assessments if a majority protest was received.
(5) A statement that the properties, businesses, or properties and businesses in the district established by the resolution shall be subject to any amendments to this part. (6) A statement that the improvements, maintenance, and activities to be conferred on businesses and properties in the district will be funded by the levy of the assessments. The revenue from the levy of assessments within a district shall not be used to provide improvements, maintenance, or activities outside the district or for any purpose other than the purposes specified in the resolution of intention, as modified by the city council at the hearing concerning establishment of the district.

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district boundaries to create a special or specific benefit to the assessed parcels or businesses may be provided, but shall be limited to marketing or signage pointing to the district. (7) A finding that the property or businesses within the area of the property and business improvement district will be benefited by the improvements, maintenance, and activities funded by the proposed assessments, and, for a property-based district, that property within the district will receive a special benefit.
(8) In a property-based district, the total amount of all special benefits to be conferred on the properties within the property-based district.
(b) The adoption of the resolution of formation and, if required, recordation of the notice and map pursuant to Section 36627 shall constitute the levy of an assessment in each of the fiscal years referred to in the management district plan.
36627. Notice and assessment diagram
Following adoption of the resolution establishing district assessments on properties pursuant to Section 36625, the clerk shall record a notice and an assessment diagram pursuant to Section 3114. No other provision of Division 4.5 (commencing with Section 3100) applies to an assessment district created pursuant to this part. 36628. Establishment of separate benefit zones within district; Categories of businesses The city council may establish one or more separate benefit zones within the district based upon the degree of benefit derived from the improvements or activities to be provided within the benefit zone and may impose a different assessment within each benefit zone. If the assessment is to be levied on businesses, the city council may also define categories of businesses based upon the degree of benefit that each will derive from the improvements or activities to be provided within the district and may impose a different assessment or rate of assessment on each category of business, or on each category of business within each zone. 36628.5. Assessments on businesses or property owners
The city council may levy assessments on businesses or on property owners, or a combination of the two, pursuant to this part. The city council shall structure the assessments in whatever manner it determines corresponds with the distribution of benefits from the proposed improvements, maintenance, and activities, provided that any propertybased assessment conforms with the requirements set forth in paragraph (2) of subdivision (k) of Section 36622. 36629. Provisions and procedures applicable to benefit zones and business categories All provisions of this part applicable to the establishment, modification, or disestablishment of a property and business improvement district apply to the establishment, modification, or disestablishment of benefit zones or categories of business. The city council shall, to establish, modify, or disestablish a benefit zone or category of business, follow the procedure to establish, modify, or disestablish a property and business improvement district. 36630. Expiration of district; Creation of new district If a property and business improvement district expires due to the time limit set pursuant to subdivision (h) of Section 36622, a new management district plan may be created and the district may be renewed pursuant to this part.

CHAPTER 3. Assessments
36631. Time and manner of collection of assessments; Delinquent payments #5..
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The collection of the assessments levied pursuant to this part shall be made at the time and in the manner set forth by the city council in the resolution levying the assessment. Assessments levied on real property may be collected at the same time and in the same manner as for the ad valorem property tax, and may provide for the same lien priority and penalties for delinquent payment. All delinquent payments for assessments levied pursuant to this part may be charged interest and penalties.
36632. Assessments to be based on estimated benefit; Classification of real property and businesses; Exclusion of residential and agricultural property
(a) The assessments levied on real property pursuant to this part shall be levied on the basis of the estimated benefit to the real property within the property and business improvement district. The city council may classify properties for purposes of determining the benefit to property of the improvements and activities provided pursuant to this part.
(b) Assessments levied on businesses pursuant to this part shall be levied on the basis of the estimated benefit to the businesses within the property and business improvement district. The city council may classify businesses for purposes of determining the benefit to the businesses of the improvements and activities provided pursuant to this part.
(c) Properties zoned solely for residential use, or that are zoned for agricultural use, are conclusively presumed not to benefit from the improvements and service funded through these assessments, and shall not be subject to any assessment pursuant to this part.
36633. Time for contesting validity of assessment
The validity of an assessment levied under this part shall not be contested in an action or proceeding unless the action or proceeding is commenced within 30 days after the resolution levying the assessment is adopted pursuant to Section 36625. An appeal from a final judgment in an action or proceeding shall be perfected within 30 days after the entry of judgment.
36634. Service contracts authorized to establish levels of city services The city council may execute baseline service contracts that would establish levels of city services that would continue after a property and business improvement district has been formed. 36635. Request to modify management district plan
The owners’ association may, at any time, request that the city council modify the management district plan. Any modification of the management district plan shall be made pursuant to this chapter. 36636. Modification of plan by resolution after public hearing; Adoption of resolution of intention (a) Upon the written request of the owners’ association, the city council may modify the management district plan after conducting one public hearing on the proposed modifications. The city council may modify the improvements and activities to be funded with the revenue derived from the levy of the assessments by adopting a resolution determining to make the modifications after holding a public hearing on the proposed modifications. If the modification includes the levy of a new or increased assessment, the city council shall comply with Section 36623. Notice of all other public hearings pursuant to this section shall comply with both of the following:
(1) The resolution of intention shall be published in a newspaper of general circulation in the city once at least seven days before the public hearing.
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(2) A complete copy of the resolution of intention shall be mailed by first class mail, at least 10 days before the public hearing, to each business owner or property owner affected by the proposed modification.
(b) The city council shall adopt a resolution of intention which states the proposed modification prior to the public hearing required by this section. The public hearing shall be held not more than 90 days after the adoption of the resolution of intention.
36637. Reflection of modification in notices recorded and maps Any subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant to Division 4.5 (commencing with Section 3100), in a manner consistent with the provisions of Section 36627.

CHAPTER 3.5. Financing
36640. Bonds authorized; Procedure; Restriction on reduction or termination of assessments (a)The city council may, by resolution, determine and declare that bonds shall be issued to finance the estimated cost of some or all of the proposed improvements described in the resolution of formation adopted pursuant to Section 36625, if the resolution of formation adopted pursuant to that section provides for the issuance of bonds, under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) or in conjunction with Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code). Either act, as the case may be, shall govern the proceedings relating to the issuance of bonds, although proceedings under the Bond Act of 1915 may be modified by the city council as necessary to accommodate assessments levied upon business pursuant to this part.
(b) The resolution adopted pursuant to subdivision (a) shall generally describe the proposed improvements specified in the resolution of formation adopted pursuant to Section 36625, set forth the estimated cost of those improvements, specify the number of annual installments and the fiscal years during which they are to be collected. The amount of debt service to retire the bonds shall not exceed the amount of revenue estimated to be raised from assessments over 30 years.
(c) Notwithstanding any other provision of this part, assessments levied to pay the principal and interest on any bond issued pursuant to this section shall not be reduced or terminated if doing so would interfere with the timely retirement of the debt.

CHAPTER 4. Governance
36650. Report by owners’ association; Approval or modification by city council (a) The owners’ association shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvements, maintenance, and activities described in the report. The owners’ association’s first report shall be due after the first year of operation of the district. The report may propose changes, including, but not limited to, the boundaries of the property and business improvement district or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of property, including any categories of business, if a classification is used.
(b) The report shall be filed with the clerk and shall refer to the property and business improvement district by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following information:
(1) Any proposed changes in the boundaries of the property and business improvement district or in any benefit zones or classification of property or businesses within the district. #5..
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(2) The improvements, maintenance, and activities to be provided for that fiscal year. (3) An estimate of the cost of providing the improvements, maintenance, and activities for that fiscal year.
(4) The method and basis of levying the assessment in sufficient detail to allow each real property or business owner, as appropriate, to estimate the amount of the assessment to be levied against his or her property or business for that fiscal year.
(5) The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
(6) The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part.
(c) The city council may approve the report as filed by the owners’ association or may modify any particular contained in the report and approve it as modified. Any modification shall be made pursuant to Sections 36635 and 36636.

The city council shall not approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments, including any commitment to pay principal and interest on any bonds issued on behalf of the district. 36651. Designation of owners’ association to provide improvements, maintenance, and activities The management district plan may, but is not required to, state that an owners’ association will provide the improvements, maintenance, and activities described in the management district plan. If the management district plan designates an owners’ association, the city shall contract with the designated nonprofit corporation to provide services.

CHAPTER 5. Renewal
36660. Renewal of district; Transfer or refund of remaining revenues; District term limit (a) Any district previously established whose term has expired, or will expire, may be renewed by following the procedures for establishment as provided in this chapter. (b) Upon renewal, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the renewed district includes additional parcels or businesses not included in the prior district, the remaining revenues shall be spent to benefit only the parcels or businesses in the prior district. If the renewed district does not include parcels or businesses included in the prior district, the remaining revenues attributable to these parcels shall be refunded to the owners of these parcels or businesses. (c) Upon renewal, a district shall have a term not to exceed 10 years, or, if the district is authorized to issue bonds, until the maximum maturity of those bonds. There is no requirement that the boundaries, assessments, improvements, or activities of a renewed district be the same as the original or prior district.

CHAPTER 6. Disestablishment
36670. Circumstances permitting disestablishment of district; Procedure (a) Any district established or extended pursuant to the provisions of this part, where there is no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be disestablished by resolution by the city council in either of the following circumstances:
(1) If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district, it shall notice a hearing on disestablishment. (2) During the operation of the district, there shall be a 30-day period each year in which assessees may request disestablishment of the district. The first such period shall begin one year after the date of establishment of the district and shall continue for 30 days. The next such 30-day period shall #5..
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begin two years after the date of the establishment of the district. Each successive year of operation of the district shall have such a 30-day period. Upon the written petition of the owners or authorized representatives of real property or the owners or authorized representatives of businesses in the district who pay 50 percent or more of the assessments levied, the city council shall pass a resolution of intention to disestablish the district. The city council shall notice a hearing on disestablishment. (b) The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing required by this section. The resolution shall state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the property and business improvement district. The notice of the hearing on disestablishment required by this section shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The city shall conduct the public hearing not less than 30 days after mailing the notice to the property or business owners. The public hearing shall be held not more than 60 days after the adoption of the resolution of intention. 36671. Refund of remaining revenues upon disestablishment or expiration without renewal of district; Calculation of refund; Use of outstanding revenue collected after disestablishment of district (a) Upon the disestablishment or expiration without renewal of a district, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or businesses then located and operating within the district in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the district is disestablished or expires. All outstanding assessment revenue collected after disestablishment shall be spent on improvements and activities specified in the management district plan. (b) If the disestablishment occurs before an assessment is levied for the fiscal year, the method and basis that was used to calculate the assessments levied in the immediate prior fiscal year shall be used to calculate the amount of any refund.
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APPENDIX 2 – ASSESSED BUSINESSES
Hotel Address City, State, Zip
Apex Inn 2225 Yosemite Blvd Modesto, CA 95354-3003
Baymont Inn & Suites 4100 Salida Blvd Modesto, CA 95358-8840 Best Western Palm Court Inn 2001 W Orangeburg Ave Modesto, CA 95350-3741 Comfort Inn Modesto 2025 W Orangeburg Ave Modesto, CA 95350-3741 Discovery Inn 115 Downey Ave Modesto, CA 95354-1201
Doubletree Hotel Modesto 1150 9th St Modesto, CA 95354-0823 Economy Inn 602 Mchenry Ave Modesto, CA 95350-5412
El Capitan Motel 1121 Needham St Modesto, CA 95354-0731 Modesto Days Inn 1312 Mchenry Ave Modesto, CA 95350-5377 Modesto Hotel 1720 Sisk Rd Modesto, CA 95350-2500
Modesto Marriott Residence Inn 2901 HealthCare Way Modesto, CA 95356 Motel 6 807 Needham St Modesto, CA 95354-0736
Motel 6 Modesto 1920 W Orangeburg Ave Modesto, CA 95350-3740 Quality Inn 500 Kansas Ave Modesto, CA 95351-1605
Ramada By Wyndham 1525 Mchenry Ave Modesto, CA 95350-4576 Rodeway Inn 912 Mchenry Ave Modesto, CA 95350-5417
Springhill Suites Modesto 1901 W Orangeburg Ave Modesto, CA 95350-3838 Tiki Lodge 936 Mchenry Ave Modesto, CA 95350-5417
Townhouse Lodge 909 16th St Modesto, CA 95354-1117
Travelers Motel 710 N 9th St Modesto, CA 95350-5795
Yosemite Inn 500 Kansas Ave Modesto, CA 95351-1605
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

March 12, 2024
Date: February 20, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Director of Engineering Services / City Engineer SUBJECT: Congestion Mitigation and Air Quality (CMAQ) Grant Application Request CONTACT: Michael Sacuskie, Assistant City Engineer, [email protected], 209-571-5552
DESCRIPTION:

Consider authorizing the submittal of a Federal Grant application for Congestion Mitigation and Air Quality (CMAQ) Grant Funds in the amount of $1,200,000 and $800,000 in Local Measure L Funds for a project amount of $2,000,000 for Street Improvements and Installation of a Roundabout on College Avenue and Bowen Avenue. (Funding Source: Federal CMAQ Grant Funds and Local Funds – Measure L)
STRATEGIC PLAN ELEMENT:

The recommended action is consistent with the City Council’s 2020-2025 Strategic Plan, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts. Ensure Safe, Efficient, and Reliable Infrastructure.

BACKGROUND:

The Congestion Mitigation and Air Quality (CMAQ) program was implemented to support surface transportation projects and other related efforts contributing to the improvement of air quality and providing congestion relief. The Bipartisan Infrastructure Bill (BIL)1 continues the CMAQ program to provide a flexible funding source to State and Local governments for transportation projects and programs to help meet the requirements of the Clean Air Act2.

Funding is available to reduce congestion and improve air quality for nonattainment areas that do not meet the National Ambient Air Quality Standards (NAAQS) for ozone, carbon monoxide, or particulate matter (PM2.5 or PM10) and for maintenance areas, which are former nonattainment areas that are now in compliance. The Stanislaus region is currently designated as nonattainment for ozone and PM2.5 and as an attainment area for PM10.

The Federal Government apportions funds as a lump sum to each State. The CMAQ apportionment for each state is then calculated based on a ratio specified by law as outlined in 1 The Bipartisan Infrastructure Bill (BIL) -https://dot.ca.gov/programs/local-assistance/fed-and-state-programs/congestion-relief-program 2 Clean Air Act - https://dot.ca.gov/programs/environmental-analysis/air-quality/conformity-laws-regulations #6..
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City Council, March 12, 2024
Congestion Mitigation and Air Quality (CMAQ) Grant Application Request

23 U.S.C. 104(b)(4). StanCOG manages the CMAQ funds apportioned to the Stanislaus Region. Projects eligible for CMAQ funds must be transportation related, demonstrate emissions reduction, and must be located in nonattainment or maintenance areas as outlined above.

StanCOG typically announces a call for CMAQ application submissions every two years. As with previous cycles of CMAQ call for projects, the Federal Highway Administration (FHWA) requires a performance-based project selection process to determine which project submissions will receive CMAQ funding. Point selection criteria for the current cycle was approved by StanCOG’s Policy Board on April 19, 2023, and amendments to the guidelines were approved by StanCOG’s Policy Board on January 17, 2024.

StanCOG announced the call for CMAQ projects on January 18, 2024, for a total of approximately $14.5 million in competitive CMAQ funds available for Local Agencies and Transit Agencies for the 2025 and 2026 Federal Fiscal Years. The application deadline for the current Call for Projects is March 15, 2024.

Based on the distribution methodology adopted by the StanCOG Policy Board, the CMAQ program is geared towards providing a balanced program of transportation projects that will improve air quality in the region with a major emphasis placed on projects that support alternative modes of transportation, provide congestion relief measures, provide low-polluting transit vehicles and equipment, and provide new technologies/improvements geared towards providing a more efficient and safer transportation system. There is no maximum number of applications a Local Agency can submit for CMAQ funding; however, each project application has a cap of $1.2 million in grant funds.

Typically, there is a required minimum local match of 11.47% for CMAQ funding for all project phases. In recent years, the local match requirement was sometimes waived as local agencies could request Toll Credits for new projects with federal funding, however the current guidance is that a minimum 11.47% local match be included in every project application. However, with the competitive nature of the CMAQ funds, it is advantageous for a local agency to contribute higher than the minimum 11.47% local match.

DISCUSSION:

A CMAQ call for projects is typically made every two years. StanCOG will include successful project applications from the current Call for Projects in the Federal Transportation Improvement Program (FTIP) prior to agencies being able to submit for reimbursement of federal funds.

The intent of the CMAQ program is that funds be utilized for projects that will improve air quality and relieve congestion, while working within the parameters of the program that no roadway widening is to occur. CMAQ funds can be utilized for preliminary engineering, right of way acquisition, capital costs, construction costs associated with eligible activities. However, with only two federal fiscal years in the programming cycle it is often difficult to deliver a project with both right of way acquisition and construction costs.

Staff has evaluated several potential projects based on need and the ability to receive a competitive score within the scoring guidelines adopted by the StanCOG Policy Board. One of the successful methods to accomplish both goals of air quality improvement and congestion relief is through the removal of stop signs and installation of roundabouts. #6..
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City Council, March 12, 2024
Congestion Mitigation and Air Quality (CMAQ) Grant Application Request

After thorough evaluation, staff is recommending the submittal of a proposed project application for improvements and installation of a roundabout at the intersection of College Avenue and Bowen Avenue. A roundabout at this intersection will further enhance the Bowen Avenue corridor which currently has two existing roundabouts, one at Phelps Avenue and another at Fremont Avenue. This proposed roundabout will also provide additional safety for bicycles and pedestrians by providing traffic calming and raised crosswalks to further slow vehicular traffic.

The proposed project application will also include construction of a bike path through Whitmore Park along existing City of Modesto right of way and make a connection to the Virginia Corridor Trail.

FISCAL IMPACT:

The Divisions that typically apply for CMAQ funds are the Traffic Operations Division and the Transportation Engineering and Design Division. The cost to prepare the grant application to apply for funds will come from the operating budget of the respective division.

The grant application will be for $1.2 million in CMAQ funds, which is the allowed project cap.

The grant application will also show a local match of $800,000 from the Measure L Local control funds, which includes categories for Local Streets & Roads, Traffic Management and Bike & Pedestrian.

CEQA/NEPA REQUIREMENTS:

Environmental review for this project will take place during the Preliminary Engineering phase of the project if the City is successful in securing these CMAQ grant funds. It is anticipated that this project will be classified as a Categorical Exemption.

COMMITTEE RECOMMENDATION:

This project was presented to the Economic Development Committee on March 4, 2024, and was recommended for forwarding to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendation:

Resolution approving submittal of a Federal Grant application for Congestion Mitigation and Air Quality (CMAQ) Grant Funds in the amount of $1,200,000 and $800,000 in Local Measure L Funds for a total project amount of $2,000,000 for Street Improvements and Installation of a Roundabout on College Avenue and Bowen Avenue, and authorizing the City Manager, or his designee to execute all necessary grant documents.

Approved by:
_________________
Toby Wells, Director of Engineering Services/City Engineer Joseph P. Lopez, City Manager
Attachments:

1. Resolution
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03/12/2024/ENG/T. Wells 1 2024-

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-

RESOLUTION AUTHORIZING SUBMITTAL OF A FEDERAL GRANT

APPLICATION FOR CONGESTION MITIGATION AND AIR QUALITY (CMAQ) GRANT FUNDS IN THE AMOUNT OF $1,200,000 AND $800,000 IN LOCAL MEASURE L FUNDS FOR A TOTAL PROJECT AMOUNT OF $2,000,000 FOR STREET

IMPROVEMENTS AND INSTALLATION OF A ROUNDABOUT ON COLLEGE

AVENUE AND BOWEN AVENUE, AND AUTHORIZING THE CITY MANAGER, OR

HIS DESIGNEE TO EXECUTE ALL NECESSARY GRANT DOCUMENTS
WHEREAS, the Congestion Mitigation and Air Quality (CMAQ) program was implemented to support surface transportation projects and other related efforts contributing to the improvement of air quality and providing congestion relief, and WHEREAS, the Bipartisan Infrastructure Bill (BIL) continues the CMAQ program to provide a flexible funding source to State and Local governments for transportation projects and programs to help meet the requirements of the Clean Air Act, and WHEREAS, funding is available to reduce congestion and improve air quality for nonattainment areas that do not meet the National Ambient Air Quality Standards (NAAQS) for ozone, carbon monoxide, or particulate matter (PM2.5 or PM10) and for maintenance areas, that are former nonattainment areas that are now in compliance, and WHEREAS, the Stanislaus region is currently designated as nonattainment for ozone and PM2.5 and as an attainment area for PM10, and
WHEREAS, the Federal Government apportions funds as a lump sum to each State, and WHEREAS, the CMAQ apportionment for each state is then calculated based on a ratio of specified by law as outlined in 23 U.S.C. 104(b)(4), and WHEREAS, StanCOG manages the CMAQ funds apportioned to the Stanislaus Region, and
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03/12/2024/ENG/T. Wells 2 2024-
WHEREAS, projects eligible for CMAQ funds must be transportation related, demonstrate emissions reduction, and must be located in nonattainment or maintenance areas, and
WHEREAS, StanCOG typically announces a call for CMAQ application submissions every two years, and
WHEREAS, as with previous cycles of CMAQ call for projects, the Federal Highway Administration (FHWA) requires a performance-based selection process to determine which project submissions will receive CMAQ funding, and
WHEREAS, point selection criteria for the current cycle was approved by StanCOG’s Policy Board on April 19, 2023 and amendments to the guidelines were approved by StanCOG’s Policy Board on January 17, 2024, and
WHEREAS, StanCOG announced the call for STBG projects on January 18, 2024 for a total of approximately $14.5 million in competitive CMAQ funds available Local Agencies and Transit Agencies for the 2025 and 2026 Federal Fiscal Years, and WHEREAS, the application deadline for the current Call for Projects is March 15, 2024, and
WHEREAS, there is no maximum number of applications a Local Agency can submit for STBG funding, however each project application has a cap of $1.2 million in grant funds, and WHEREAS, typically there is a required minimum local match of 11.47% for CMAQ funding for all project phases, and
WHEREAS, in recent years, the local match requirement was sometimes waived as local agencies could request Toll Credits for new projects with federal funding, however the current guidance is that a minimum 11.47% local match be included in every project application, and #6..
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03/12/2024/ENG/T. Wells 3 2024-
WHEREAS, with the competitive nature of the CMAQ funds, it is advantageous for a local agency to contribute higher that the minimum 11.47% local match, and WHEREAS, the grant application will be for $1.2 million in CMAQ funds, which is the maximum allowed project cap, and
WHEREAS, the grant application will also show a local match of $800,000 million in Measure L Local control funds, which includes categories for Local Streets & Roads, Traffic Management and Bike & Pedestrian.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby authorizes submittal of a federal grant application for Congestion Mitigation and Air Quality (CMAQ) grant funds in the amount of $1,200,000 and $800,000 in Local Measure L Funds for a total project amount of $2,000,000 for street improvements and installation of a roundabout on College Avenue and Bowen Avenue.

BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby authorized to execute all necessary grant documents.
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03/12/2024/ENG/T. Wells 4 2024-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 12th day of March, 2024, 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
#6..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

March 12, 2024
Date: February 20, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Director of Engineering Services / City Engineer SUBJECT: Surface Transportation Block Grant Program (STBG) Application Request CONTACT: Michael Sacuskie, Assistant City Engineer [email protected], 209-571-5552
DESCRIPTION:

Consider authorizing the submittal of a Federal Grant application for Surface Transportation Block Grant (STBG) Funds in the amount of $1,200,000 and $2,000,000 in Local Measure L funds for a total project amount of $3,200,000 for Improvements on Claus Road, including bicycle and pedestrian improvements, south of Scenic Drive to Yosemite Boulevard. (Funding Source: Federal STBG Grant Funds and Local Funds – Measure L) STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The Surface Transportation Block Grant Program (STBG) provides flexible funding for a variety of transportation projects. Funds are provided by the Federal government to each state through the STBG program for road, transit, active transportation, and other transportation needs. In the State of California, these funds are administered by Caltrans, who distributes these funds to regional agencies, like the Stanislaus Council of Governments (StanCOG).

StanCOG typically announces a call for STBG project application submissions every two years.

With previous STBG call for project cycles each Local Agency in Stanislaus County was guaranteed to receive a set dollar amount utilizing a formula based on population, number of roadway miles and similar criteria. However, all STBG funds for the current cycle will be awarded based on a competitive application process. Point selection criteria for the current cycle was approved by StanCOG’s Policy Board on April 19, 2023, and amendments to the guidelines were approved by StanCOG’s Policy Board on January 17, 2024. #7..
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City Council, March 12, 2024
Surface Transportation Block Grant Program (STBG) Application Request

StanCOG announced the call for STBG projects on January 18, 2024, for a total of approximately $14.8 million in competitive STBG funds available for the 2025 and 2026 Federal Fiscal Years. The application deadline for the current Call for Projects is March 15, 2024.

The StanCOG Policy Board directs the programming of STBG funds through a formal project selection process. Project eligibility is outlined in 23 U.S.C. 133(b) and (c)1, with a few additional project types included as part of the Infrastructure Investment and Jobs Act (IIJA).2 There is no maximum number of applications a Local Agency can submit for STBG funding; however, each project application has a cap of $1.2 million in grant funds.

Typically, there is a required minimum local match of 11.47% for STBG funding for all project phases. In recent years, the local match requirement was sometimes waived as local agencies could request Toll Credits for new projects with federal funding, however the current guidance from Caltrans is not clear on whether Toll Credits will continue to be an option and now with the competitive nature of the STBG funds, it is advantageous for a local agency to contribute higher than the minimum 11.47% local match.

DISCUSSION:

An STBG call for projects is typically made every two years. StanCOG will include successful project applications from the current Call for Projects in the Federal Transportation Improvement Program (FTIP) prior to agencies being able to submit for reimbursement of federal funds.

The intent of the STBG program is that funds be expended on projects that improve safety for all roadway users including those who walk, bike, drive, and ride transit. STBG funds are a relatively flexible source of funds that can be used for preliminary engineering, right of way acquisition, capital costs, and construction costs associated with eligible activities. STBG funds are not to be used on any type of a facility classified as a local road or minor collector.

Staff evaluated several potential projects based on need and the ability to receive a competitive score within the scoring guidelines adopted by the StanCOG Policy Board. After thorough evaluation, staff is recommending the proposed project application to provide pavement rehabilitation, new striping, ADA curb ramps and install bike lane improvements on Claus Road south of Scenic Drive to Yosemite Boulevard for submittal. This project was identified in the 2021 Non-Motorized Transportation Master Plan (prepared by StanCOG) as a recommended project to improve connectivity for local non-motorized transportation networks. As proposed, this project will be a general roadway maintenance project on Claus Road but will be expanded to also meet all the goals of the STBG program.

FISCAL IMPACT:

The Division that typically apply for STBG funds is the Transportation Engineering and Design Division. The cost to prepare the grant application to apply for funds will come from the operating budget of the respective division.

The grant application will be for $1.2 million in STBG funds, which is the maximum allowed project cap. The grant application will also show a local match of $2 million from the Measure L 1 23 U.S.C. 133(b) and (c) - 23 USC 133 - Surface transportation block grant program (govregs.com) 2 STBG funds in the Infrastructure Investment and Jobs Act (IIJA) - https://leg.wa.gov/JTC/Documents/Studies/IIJA%20Workgroup/STBG.pdf #7..
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City Council, March 12, 2024
Surface Transportation Block Grant Program (STBG) Application Request

Local control funds, which includes categories for Local Streets & Roads, Traffic Management and Bike & Pedestrian.

CEQA/NEPA REQUIREMENTS:

Environmental review for this project will take place during the Preliminary Engineering phase of the project if the City is successful in securing these STBG grant funds. It is anticipated that this project will be classified as a Categorical Exemption.

COMMITTEE RECOMMENDATION:

This project was presented to the Economic Development Committee on March 4, 2024 and was recommended for forwarding to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendation:

Resolution approving submittal of a Federal Grant application for Surface Transportation Block Grant (STBG) Funds in the amount of $1,200,000 and $2,000,000 in Local Measure L funds for a total project amount of $3,200,000 for improvements on Claus Road, including bicycle and pedestrian improvements, south of Scenic Drive to Yosemite Boulevard, and authorizing the City Manager, or his designee to execute all necessary grant documents.

Approved by:
_________________
Toby Wells, Director of Engineering Services/City Engineer Joseph P. Lopez, City Manager
Attachments:

1. Resolution
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03/12/2024/ENG/T. Wells 1 2024-

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-

RESOLUTION AUTHORIZING SUBMITTAL OF A FEDERAL GRANT

APPLICATION FOR SURFACE TRANSPORTATION BLOCK GRANT (STBG) FUNDS IN THE AMOUNT OF $1,200,000 AND $2,000,000 IN LOCAL MEASURE L FUNDS FOR A TOTAL PROJECT AMOUNT OF $3,200,000 FOR IMPROVEMENTS ON

CLAUS ROAD, INCLUDING BICYCLE AND PEDESTRIAN IMPROVEMENTS,

SOUTH OF SCENIC DRIVE TO YOSEMITE BOULEVARD, AND AUTHORIZING

THE CITY MANAGER, OR HIS DESIGNEE TO EXECUTE ALL NECESSARY

GRANT DOCUMENTS
WHEREAS, the Surface Transportation Block Grant Program (STBG) provides flexible funding for a variety of transportation projects; and
WHERAS, funds are provided by the Federal government to each state through the STBG program for road, transit, active transportation, and other transportation needs; and WHERAS, in the State of California, these funds are administered by Caltrans, who distributes these funds to regional agencies, like the Stanislaus Council of Governments (StanCOG); and
WHEREAS, StanCOG typically announces a call for STBG project application submittals every two years; and
WHEREAS, with previous STBG call for project cycles each Local Agency in Stanislaus County was guaranteed to receive a set dollar amount utilizing a formula based on population, number of roadway miles and similar criteria; and
WHEREAS, all STBG funds for the current cycle will be awarded based on a competitive application process; and
WHEREAS, point selection criteria for the current cycle was approved by StanCOG’s Policy Board on April 19, 2023 and amendments to the guidelines were approved by StanCOG’s Policy Board on January 17, 2024; and
#7..
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03/12/2024/ENG/T. Wells 2 2024-
WHEREAS, StanCOG announced the call for STBG projects on January 18, 2024 for a total of approximately $14.8 million in competitive STBG funds available for the 2025 and 2026 Federal Fiscal Years; and
WHEREAS, the application deadline for the current Call for Projects is March 15, 2024; and
WHEREAS, there is no maximum number of applications a Local Agency can submit for STBG funding, however each project application has a cap of $1.2 million in grant funds; and WHEREAS, typically there is a required minimum local match of 11.47% for STBG funding for all project phases; and
WHEREAS, in recent years, the local match requirement was sometimes waived as local agencies could request Toll Credits for new projects with federal funding, however the current guidance from Caltrans is not clear on whether Toll Credits will continue to be an option and now with the competitive nature of the STBG funds, it is advantageous for a local agency to contribute higher that the minimum 11.47% local match; and WHEREAS, the grant application will be for $1.2 million in STBG funds, which is the maximum allowed project cap; and
WHEREAS, the grant application will also show a local match of $2 million in Measure L Local control funds, which includes categories for Local Streets & Roads, Traffic Management and Bike & Pedestrian.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby authorizes submittal of a federal grant application for Surface Transportation Block Grant (STBG) funds in the amount of $1,200,000 and $2,000,000 in Local Measure L Funds for a total #7..
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03/12/2024/ENG/T. Wells 3 2024-
project amount of $3,200,000 for improvements on Claus Road, including bicycle and pedestrian improvements, south of Scenic Drive to Yosemite Boulevard.

BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby authorized to execute all necessary grant documents.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 12th day of March, 2024, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

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

BY: ______________________________________
JOSE M. SANCHEZ, City Attorney
#7..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

March 12, 2024
Date: February 14, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: September and October 2023 Grant Application and Awards CONTACT: Maria Garnica, Accounting Manager, [email protected] 209-577-5249
DESCRIPTION:

Consider accepting an Informational Report on the September and October 2023 Grant Applications and Awards. (Funding Source: Not Applicable) STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The Finance Department coordinated with California Consulting to update the Administrative Directive 7.2, “Grant Management.” The revised directive was updated on July 26, 2023 to streamline the grant management process and to establish better controls on local match requirements, including potential future costs which could be required as part of a grant agreement.

This directive has eliminated the requirement to go to Council for the application and acceptance of grant awards if the grant does not require local match contributions exceeding $100,000. Grant applications and awards that require a local match contribution which exceeds $100,000 must be approved by City Council after the Director of Finance and City Manager’s approval. City Manager is authorized to approve all grant applications and awards which exceed $25,000 and those which require local match contribution under $100,000. The Director of Finance is authorized to approve grant applications and awards under $25,000 with no local funding requirements. All grant applications and awards require the approval of the Director of Finance. Departments may be required to obtain Council’s approval for grant applications and awards with no local match at the discretion of the City Manager.

Due to the need for quick turnaround on grant application and award acceptance required by the granting agencies, this directive allows for City departments to apply for more grants within the grant application periods and provide quick response to award acceptance deadlines. #8..
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City Council, March 12, 2024
September and October 2023 Grant Application and Awards

The Finance Department will inform Council of all grant activity by preparing a bi-monthly informational report on both grant applications and awards. The Finance Department has implemented a grant management software, eCivis, which established a workflow approval process and serves as a centralized databased of all City grant applications and awards and as a research tool for grants for all City Departments. City departments continue to actively pursue new grant opportunities as part of notifications received from federal, state, and local agencies they have subscribed to, such as Department of Housing, Department of Transportation, State Water Resources Control Board, Department of Justice and professional government associations. City departments have staff assigned to monitor these grant application notices to determine if the City meets the required qualifications to apply for the grant.

On October 11, 2022, under Resolutions 2022-418, 2022-419, and 2022-420, City Council approved three one-year agreements with two one-year extension options, for On-call Water Resource grant research and writing services with Provost & Pritchard Consulting Group, West Yost Associates and Woodard & Curran to assist with grant research opportunities for the Utilities Department.

DISCUSSION:

During the months of September and October 2023, City Council approved the below grant application and award acceptance agreements recommended by City staff based on opportunities to receive federal, state and/or local grant funds for the City with required local match exceeding $100,000 and/or based on the recommendation by City Manager.

Modesto Police Department:
(Grant Award $6,003,419 – Local Match $0) Organized Retail Theft Prevention Grant Program from Board of State and Community Corrections. This funding is available to City Police departments, sheriff departments, and probation departments to support local law enforcement agencies in preventing and responding to organized retail theft, motor vehicle or motor vehicle accessory theft, or cargo theft. Eligible acclivities and strategies or programs funded by this grant include but are not limited to:
 Programs that promote collaboration and coordination between law enforcement and retailers to reduce organized retail theft.
 Programs that promote collaboration and coordination between law enforcement and District Attorney Officers to prosecute organized retail theft.  Development of organized retail theft policies and procedures, memorandum of understanding (MOU), and./or formal agreements between law enforcement and retailers.
 User of proactive approaches to minimize organized retail theft risks.  Use of databased, equipment, software, and technology to combat organized retail theft.

During the months of September and October 2023, City Manager and Director of Finance approved the below grant applications and awards recommended by City staff based on opportunities to receive federal, state and/or local grant funds for the City with no local match requirement or local match requirements under $100,000. #8..
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City Council, March 12, 2024
September and October 2023 Grant Application and Awards

Public Works:
(Grant Application $373,493 – Local Match $0) CA3918 SB1383 Local Assistance Grant – FY2023 from the California Environmental Protection Agency. Funding from this grant would be used to fund the efforts to reduce emissions of short-lived climate pollutants (SLCP) pursuant to Senate Bill 1383 (SB1383). Eligible grant activities include Capacity planning, collection of organic waste, edible food recovery, education and outreach including for organic and edible food recovery, enforcement and inspections, procurement requirements and recordkeeping.
(Grant Application $40,000 – Local Match $0) CA0450 Local Government Waste Tire Enforcement (TEA) Grants – FY2024 from the California Environmental Protection Agency. Fund from this grant would be used to fund the enforcement of waste tire permitting, hauling, and storage laws. Funding will support inspections of waste tire businesses; field patrolling, enforcement, and case development for waste tire-related activities including the investigation of illegal tire disposal activities and the provision of education to waste tire businesses.

Modesto Police Department
(Grant Award $28,163 – Local Match $0) 2023-2024 Raymus Foundation Grant from the Antone E & Marie F Raymus Foundation. Funds from this grant will be used to purchase equipment in support of front-line police work such as to fund one Searchcam-FLIR camera and four (4) shields.
(Grant Award $44,500 – Local Match $0) 2024 Safety Pedestrian/Bike Safety Grant from California’s Office of Traffic Safety. Funds from this grant will be used to fund strategies conducted to reduce the number of persons killed and injured in crashes involving pedestrians and bicyclists. The funded strategy may include classroom education, bicycle rodeos, community events, presentations, and workshops. These countermeasures should be conducted in communities with high numbers of pedestrian and/or bicycle related crashes including underserved communities, older adults, and school-aged children.
(Grant Award $580,000 – Local Match $0) 2024 Selective Traffic Enforcement Program (STEP) Grant from the California Office of Traffic Safety. Funds from this grant will be used to fund the strategies conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.
(Grant Award $144,951 – Local Match $0) 2023 Edward Byrne Memorial Justice Assistance Grant (BJAG) from the U.S. Department of Justice. Funds from this grant will be used to fund the purchase of comprehensive cardia screening evaluations consisting of non-invasive imaging as well as advanced lipid panel testing in support of Police Department personnel wellness; and ballistic shields to provide extra protection for the safety of officers and citizens.
#8..
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City Council, March 12, 2024
September and October 2023 Grant Application and Awards

FISCAL IMPACT:

No fiscal impact will result from the acceptance of this informational report on September and October 2023 grant application and awards. A monthly summary by grant application and awards is below:

Grant Applications: $413,493
Grant Awards: $6,801,033
COMMITTEE RECOMMENDATION:

This item has not gone before a committee.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Motion accepting an Informational Report for the September and October 2023 Grant Applications and Awards.

Approved by:

DeAnna Christensen, Director of Finance
Joseph P. Lopez, City Manager
Attachments:

1. September and October 2023 Grant Applications and Award #8..
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September and October 2023 Grant Applications
Grant Application
Grant Title Month Grant Awarding Agency City Department Name/Division Grant
Application
Amount
Grant
Application
Local Match
Amount
CA3918 SB1383 Local Assistance Grant - FY 2023 OCT-23 CA Environmental Protection Agency Public Works Department $ 373,493 $ - CA0450 Local Government Waste Tire Enforcement (TEA) Grants - FY2024 OCT-23 CA Environmental Protection Agency Public Works Department $ 40,000 $ - Total $ 413,493 $ -
September and October 2023 Grant Awards
Grant Awards
Grant Title Month Grant Awarding Agency City Department Name/Division Grant Award
Amount
Grant Award
Local Match
Amount
2023-2024 Raymus Foundation Grant SEP-23 Antone E & Marie F Raymus Foundation Modesto Police Department $ 28,163 $ - 2024 Safety Pedestrian/Bike Safety Grant SEP-23 CA - Office of Traffic Safety Modesto Police Department $ 44,500 $ - 2024 Selective Traffic Enforcement Program (STEP) Grant SEP-23 CA - Office of Traffic Safety Modesto Police Department $ 580,000 $ - Organized Retail Theft Prevention Grant SEP-23 CA - Board of State and Community Corrections (BSCC) Modesto Police Department $ 6,003,419 $ - 2023 Edward Byrne Memorial Justice Assistance Grant (BJAG) OCT-23 U.S. Department of Justice Modesto Police Department $ 144,951 $ - Total $ 6,801,033 $ -
#8..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

March 12, 2024
Date: February 27, 2024
TO: Mayor and City Council
FROM: Christina Alger, Director of Human Resources
SUBJECT: Position Allocation Amendment
CONTACT: Christina Alger, Director of Human Resources
[email protected], 209-571-5126
DESCRIPTION:

Consider amending the Position Allocation Plan in the Modesto Fire Department to add four Paramedics and three Emergency Medical Technicians (EMTs). (Funding Source: SAMHSA Grant Fund)
STRATEGIC PLAN ELEMENT:

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

Service and Delivery Goal J: Building a High-Performing Organization by Attracting and Retaining High Performance Employees.

BACKGROUND:

It has been a long-term goal of the Modesto Fire Department (MFD) to implement nonemergency medical transport services to the Stanislaus area. In working toward that goal, the City purchased an ambulance in May 2021 by Resolution No. 2021-415 with the hopes of providing Interfacility Transfer (IFT) services to the community.

In 2023, the Modesto Police Department (MPD) applied for a grant to enhance services to the unhoused community to include mental health and non-emergency medical services. This grant made $970,370 available competitively to state and local agencies to support the use of nonsworn resources to handle calls for service involving individuals experiencing mental health crisis and increase the rate at which calls are diverted from the police to non-sworn alternative responses. The Substance Abuse and Mental Health Services grant was accepted by City Council on December 12, 2023, by Resolution No. 2023-557.

DISCUSSION:

The Modesto Police Department, in partnership with the Modesto Fire Department, will utilize the funds awarded under the grant to both expand current services and implement new services.
#9..
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City Council, March 12, 2024
Position Allocation Amendment

MPD has expanded the Community Health and Assistance Team (CHAT) to include a new team of Outreach Specialists that can be paired with Paramedics and/or Emergency Medical Technicians (EMTs). The Paramedics and EMTs will be under the direction of MFD and be utilizing the ambulance that was purchased. We will cross staff a Paramedic and an EMT on the ambulance to provide interfacility transfers from local hospitals to residents or long-term care facilities. As well as respond to assist the CHAT program with mental health related calls.

These new positions will be represented by Modesto Firefighters Association (MCFFA). The City and MCFFA will work together on identifying items for the MOU during the current negotiations process. Parties are finalizing a Letter of Agreement (LOA) for Council adoption should this item be recommended to Council by the committee. A new 1200 series salary schedule has been created for this classification and is attached as Exhibit A. Placement for salary will be range 1212 for Single Role EMTs and range 1216 for Single Role Paramedics.

The grant allows the City to explore providing these new services and whether services should be provided long-term. The department will be only filling four of the positions at this time and will seek further grant funding for the remaining three. A successful program will increase paramedic support to our community, thereby enhancing overall safety services. Should this program be successful and long-term, ongoing funding could be leveraged through Measure H funds after grant funds have been exhausted.

FISCAL IMPACT:

The full fiscal impact of these positions is $551,968 as outlined in the chart below. However, the current fiscal year 23-24 will only experience approximately a two-month impact of $91,995, given the time that will be needed to recruit and hire. The cost of these positions will be funded by the grant through MPD for a full twelve months with the ability to request extensions. Should the program be a success, the City intends to leverage Measure H funds as it enhances community safety. This item will be re-evaluated at that time.

Position Step B Benefits Cost Per Position Number of Positions Total Cost Base Salary 65%
Paramedic $ 49,795 $ 32,367 $ 82,162 $ 4 $ 328,648
EMT $ 45,115 $ 29,325 $ 74,440 $ 3 $ 223,320
$ 551,968
COMMITTEE RECOMMENDATION:

This item was taken to Safety and Communities on February 12, 2024, and was recommended to forward to Council.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution amending the Position Allocation for Fiscal Year 2023-24 as adopted in the operating budget.

Resolution amending the Classification Plan for the City of Modesto to create the classifications of Paramedic and Emergency Medical Technician.

Resolution amending the Fiscal Year 2023-24 Annual Operating Budget to accept grant funding for 4 Paramedic/EMTs in the MFD – Emergency Paramedics SAMHSA cost center (18222) in #9..
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City Council, March 12, 2024
Position Allocation Amendment

Grants-Operation Grants reimbursed fund (1341) in the amount of $91,995 and authorizing the City Manager to take the necessary steps to implement the required budget adjustments.

Approved by:

Christina Alger, Director of Human Resources
Jose M. Sanchez, City Attorney
Attachments:

1. Resolution(s)

2. EXHIBIT A - 1200 SERIES – GENERAL FIRE NONSWORN CLASS RANGE TABLE

3. EXHIBIT B - Salary Schedule MCFFA Nonsworn

4. EXHIBIT C - Emergency Medical Technician (EMT-B)/Paramedic (EMT-P)

5. EXHIBIT D - MCFFA Letter of Agreement
#9..
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03/12/2024/HR/CAlgers/Item X 1 2024-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX

RESOLUTION AMENDING THE POSITION ALLOCATION FOR FISCAL
YEAR 2023-24 AS ADOPTED IN THE OPERATING BUDGET
WHEREAS, a Position Allocation for the City of Modesto was adopted by Modesto City Council on June 06, 2023, as part of the Annual Budget of the City of Modesto for Fiscal Year 2023-24, and
WHEREAS, classification studies are conducted to ensure that a classification system is equitable and consistent within an organization and that positions are correctly classified, and
WHEREAS, per Personnel Administrative Order 2.2-87-12, a classification study may be conducted in response to a reclassification request, to develop/revise a classification specification, or to assist in a reorganization, and WHEREAS, classification studies were conducted by Human Resources to determine appropriate classifications, and
WHEREAS, position changes will be effective the pay period in which March 12, 2024 falls, unless otherwise noted.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves amending the Position Allocation and the Fiscal Year 2023-24 Operating Budget for various departments as follows:

1. Allocate four (4) Paramedics in the Emergency Paramedics SAMHSA Division (18222) of the Fire Department.

2. Allocate three (3) Emergency Medical Technician (EMT) in the Emergency Paramedics SAMHSA Division (18222) of the Fire Department. #9..
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03/12/2024/HR/CAlgers/Item X 2 2024-XX
The foregoing resolution was adopted at a regular meeting of the Council of the City of Modesto held on the 12th day of March 2024, by ________, 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, City Clerk
(SEAL)
APPROVED AS TO FORM:

By: ___________________________________
JOSE M. SANCHEZ, City Attorney
#9..
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03/12/2024/HR/CAlgers/Item X 1 2024-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX

RESOLUTION AMENDING THE CLASSIFICATION PLAN FOR THE

CITY OF MODESTO TO CREATE THE CLASSIFICATIONS OF

PARAMEDIC AND EMERGENCY MEDICAL TECHNICIAN
WHEREAS, a Position Classification Plan for the City of Modesto was adopted by Modesto City Council Resolution No. 2023-268 pursuant to Rule 2.2 of the Personnel Rules and Regulations of the City of Modesto, and
WHEREAS, the City Manager has recommended to the Council amendments to the Position Classification Plan, and
WHEREAS, Rule 2.2 of the City of Modesto Personnel Rules provides that revisions to the Classification Plan shall be effective upon adoption of resolution of the City Council.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto as follows:

1. CLASSIFICATION PLAN AMENDED. The Position Classification Plan of the City of Modesto is hereby amended to create the classifications of Paramedic at salary range 1216 and the classification of Emergency Medical Technician (EMT) at salary range 1212.

2. EFFECTIVE DATE. This Resolution shall become effective the pay period in which March 12, 2024 falls.
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03/12/2024/HR/CAlgers/Item X 2 2024-XX
The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 12th day of March 2024, by ________, 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, City Clerk
(SEAL)
APPROVED AS TO FORM:

By: _________________________________
JOSE M. SANCHEZ, City Attorney
#9..
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03/12/2024/HR/CAlgers/Item X 1 2024-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX
RESOLUTION AMENDING THE FISCAL YEAR 2023-24 ANNUAL
OPERATING BUDGET TO ACCEPT GRANT FUNDING FOR 4
PARAMEDIC/EMTS IN THE MFD – EMERGENCY PARAMEDICS SAMHSA COST CENTER (18222) IN GRANTS-OPERATION GRANTS REIMBURSED FUND (1341) IN THE AMOUNT OF $91,995 AND AUTHORIZING THE CITY

MANAGER TO TAKE THE NECESSARY STEPS TO IMPLEMENT THE

REQUIRED BUDGET ADJUSTMENTS
WHEREAS, it has been a long-term goal of the Modesto Fire Department (MFD) to implement non-emergency medical transport services to the Stanislaus area, and WHEREAS, the City purchased an ambulance in May 2021 by Resolution No. 2021-415 with the hopes of providing Interfacility Transfer (IFT) services to community, and
WHEREAS, in 2023, the Modesto Police Department (MPD) applied for a grant to enhance services to the unhoused community to include mental health and nonemergency medical services, and WHEREAS, the grant made $970,370 available competitively to state and local agencies to support the use of non-sworn resources to handle calls for service involving individuals experiencing mental health crisis and increase the rate at which calls are diverted from the police to non-sworn alternative responses, and WHEREAS, the Substance Abuse and Mental Health Services grant was accepted by City Council on December 12, 2023 by Resolution No 2023-557, and WHEREAS, the Modesto Police Department, in partnership with the Modesto Fire Department, will utilize the funds awarded under the grant to both expand current services and implement new services.
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03/12/2024/HR/CAlgers/Item X 2 2024-XX
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves amending the Fiscal Year 2023-24 annual operating budget to accept grant funding for 4 Paramedic/EMTs in the MFD – Emergency Paramedics SAMHSA Cost Center (18222) in Grants – Operation Grants Reimbursed Fund 1341 in the amount of $91,995 and authorizing the City Manager to take the necessary steps to implement the required budget adjustments.

The foregoing resolution was adopted at a regular meeting of the Council of the City of Modesto held on the 12th day of March 2024, by ________, 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, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ___________________________________
JOSE M. SANCHEZ, City Attorney
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CITY OF MODESTO

CLASS RANGE TABLE

GENERAL FIRE NON-SWORN CLASSES
Effective March 12, 2024
______________________________________________________________________

RANGE TITLE
______________________________________________________________________ 1212 Emergency Medical Technician (EMT)
1216 Paramedic
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City of Modesto City of Modesto City of Modesto
Schedule of Salary Ranges in City Service For FY 23/24 Schedule of Salary Ranges in City Service For FY 23/24 Schedule of Salary Ranges in City Service For FY 23/24 Effective March 12, 2024 Effective March 12, 2024 Effective March 12, 2024 MCFFA Nonsworn MCFFA Nonsworn MCFFA Nonsworn
Hourly Biweekly Monthly
Range
Number Step A Step B Step C Step D Step E
Range
Number Step A Step B Step C Step D Step E
Range
Number Step A Step B Step C Step D Step E
1201 15.74 16.53 17.36 18.23 19.14 1201 1,259.20 1,322.40 1,388.80 1,458.40 1,531.20 1201 2,728.27 2,865.20 3,009.07 3,159.87 3,317.60 1202 16.14 16.95 17.79 18.68 19.62 1202 1,291.20 1,356.00 1,423.20 1,494.40 1,569.60 1202 2,797.60 2,938.00 3,083.60 3,237.87 3,400.80 1203 16.54 17.37 18.24 19.15 20.11 1203 1,323.20 1,389.60 1,459.20 1,532.00 1,608.80 1203 2,866.94 3,010.80 3,161.60 3,319.34 3,485.74 1204 16.96 17.80 18.69 19.63 20.61 1204 1,356.80 1,424.00 1,495.20 1,570.40 1,648.80 1204 2,939.74 3,085.34 3,239.60 3,402.54 3,572.40 1205 17.38 18.25 19.16 20.12 21.12 1205 1,390.40 1,460.00 1,532.80 1,609.60 1,689.60 1205 3,012.54 3,163.34 3,321.07 3,487.47 3,660.80 1206 17.81 18.70 19.64 20.62 21.65 1206 1,424.80 1,496.00 1,571.20 1,649.60 1,732.00 1206 3,087.07 3,241.34 3,404.27 3,574.14 3,752.67 1207 18.26 19.17 20.13 21.14 22.19 1207 1,460.80 1,533.60 1,610.40 1,691.20 1,775.20 1207 3,165.07 3,322.80 3,489.20 3,664.27 3,846.27 1208 18.71 19.65 20.63 21.66 22.75 1208 1,496.80 1,572.00 1,650.40 1,732.80 1,820.00 1208 3,243.07 3,406.00 3,575.87 3,754.40 3,943.34 1209 19.18 20.14 21.15 22.21 23.32 1209 1,534.40 1,611.20 1,692.00 1,776.80 1,865.60 1209 3,324.54 3,490.94 3,666.00 3,849.74 4,042.14 1210 19.66 20.64 21.68 22.76 23.90 1210 1,572.80 1,651.20 1,734.40 1,820.80 1,912.00 1210 3,407.74 3,577.60 3,757.87 3,945.07 4,142.67 1211 20.15 21.16 22.22 23.33 24.50 1211 1,612.00 1,692.80 1,777.60 1,866.40 1,960.00 1211 3,492.67 3,667.74 3,851.47 4,043.87 4,246.67 1212 20.66 21.69 22.77 23.91 25.11 1212 1,652.80 1,735.20 1,821.60 1,912.80 2,008.80 1212 3,581.07 3,759.60 3,946.80 4,144.40 4,352.40 1213 21.17 22.23 23.34 24.51 25.74 1213 1,693.60 1,778.40 1,867.20 1,960.80 2,059.20 1213 3,669.47 3,853.20 4,045.60 4,248.40 4,461.60 1214 21.70 22.79 23.93 25.12 26.38 1214 1,736.00 1,823.20 1,914.40 2,009.60 2,110.40 1214 3,761.34 3,950.27 4,147.87 4,354.14 4,572.54 1215 22.25 23.36 24.52 25.75 27.04 1215 1,780.00 1,868.80 1,961.60 2,060.00 2,163.20 1215 3,856.67 4,049.07 4,250.14 4,463.34 4,686.94 1216 22.80 23.94 25.14 26.39 27.71 1216 1,824.00 1,915.20 2,011.20 2,111.20 2,216.80 1216 3,952.00 4,149.60 4,357.60 4,574.27 4,803.07 1217 23.37 24.54 25.77 27.05 28.41 1217 1,869.60 1,963.20 2,061.60 2,164.00 2,272.80 1217 4,050.80 4,253.60 4,466.80 4,688.67 4,924.40 1218 23.96 25.15 26.41 27.73 29.12 1218 1,916.80 2,012.00 2,112.80 2,218.40 2,329.60 1218 4,153.07 4,359.34 4,577.74 4,806.54 5,047.47 1219 24.55 25.78 27.07 28.42 29.84 1219 1,964.00 2,062.40 2,165.60 2,273.60 2,387.20 1219 4,255.34 4,468.54 4,692.14 4,926.14 5,172.27 1220 25.17 26.43 27.75 29.13 30.59 1220 2,013.60 2,114.40 2,220.00 2,330.40 2,447.20 1220 4,362.80 4,581.20 4,810.00 5,049.20 5,302.27 1221 25.80 27.09 28.44 29.86 31.36 1221 2,064.00 2,167.20 2,275.20 2,388.80 2,508.80 1221 4,472.00 4,695.60 4,929.60 5,175.74 5,435.74 1222 26.44 27.76 29.15 30.61 32.14 1222 2,115.20 2,220.80 2,332.00 2,448.80 2,571.20 1222 4,582.94 4,811.74 5,052.67 5,305.74 5,570.94 1223 27.10 28.46 29.88 31.37 32.94 1223 2,168.00 2,276.80 2,390.40 2,509.60 2,635.20 1223 4,697.34 4,933.07 5,179.20 5,437.47 5,709.60 1224 27.78 29.17 30.63 32.16 33.77 1224 2,222.40 2,333.60 2,450.40 2,572.80 2,701.60 1224 4,815.20 5,056.14 5,309.20 5,574.40 5,853.47 1225 28.47 29.90 31.39 32.96 34.61 1225 2,277.60 2,392.00 2,511.20 2,636.80 2,768.80 1225 4,934.80 5,182.67 5,440.94 5,713.07 5,999.07 1226 29.19 30.65 32.18 33.79 35.47 1226 2,335.20 2,452.00 2,574.40 2,703.20 2,837.60 1226 5,059.60 5,312.67 5,577.87 5,856.94 6,148.14 1227 29.92 31.41 32.98 34.63 36.36 1227 2,393.60 2,512.80 2,638.40 2,770.40 2,908.80 1227 5,186.14 5,444.40 5,716.54 6,002.54 6,302.40 1228 30.66 32.20 33.81 35.50 37.27 1228 2,452.80 2,576.00 2,704.80 2,840.00 2,981.60 1228 5,314.40 5,581.34 5,860.40 6,153.34 6,460.14 1229 31.43 33.00 34.65 36.38 38.20 1229 2,514.40 2,640.00 2,772.00 2,910.40 3,056.00 1229 5,447.87 5,720.00 6,006.00 6,305.87 6,621.34 1230 32.22 33.83 35.52 37.29 39.16 1230 2,577.60 2,706.40 2,841.60 2,983.20 3,132.80 1230 5,584.80 5,863.87 6,156.80 6,463.60 6,787.74 #9..
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CITY OF MODESTO
NO.7225
NO. 7220
Emergency Medical Technician (EMT)
Paramedic
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.

DEFINITION
To respond to and assist with medical emergencies, to provide on-site, first-aid treatment or life support to patient, and to provide transportation to patients safely to medical facilities.

DISTINGUISHING CHARACTERISTICS
Emergency Medical Technician (EMT) - This is the trainee level class in the Emergency Medical Service series. Positions in this class typically have little or no directly related work experience. Employees at this level are not expected to perform with the same independence of direction and judgment on matters related to established procedures and guidelines as are positions allocated to the journey level. The Emergency Medical Technician (EMT-B) is distinguished from the Paramedic (EMT-P) level by the performance of less than the full range of duties assigned to the journey level. Employees work under supervision while learning job tasks, progressing to general supervision as procedures and processes of assigned area of responsibility are learned within prescribed time frames.

Paramedic - This is the journey level class in the Emergency Medical Services series and is distinguished from the Emergency Medical Technician (EMT-B) by the assignment of the full range of duties and complexity of work. Employees at this level receive only occasional instruction or assistance as new, unusual, or unique situations arise and are fully aware of the operating procedures and policies within the work unit. Positions in this class are flexibly staffed and are normally filled by advancement from the Emergency Medical Technician (EMT-B) level.

SUPERVISION RECEIVED AND EXERCISED
Emergency Medical Technician (EMT-B)
Receives supervision from higher level supervisory, management, or department head staff.
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CITY OF MODESTO
Emergency Medical Technician (EMT)/Paramedic

Paramedic
Receives general supervision from higher level supervisory, management, or department head staff.

ESSENTIAL AND MARGINAL FUNCTION STATEMENTS – Essential and other important responsibilities and duties may include, but are not limited to, the following:

Essential Functions:

Provide basic life support while responding to emergency medical incidents, analyzing and initiating patient care until relieved by proper medical personnel.

Operate City owned ambulance and other vehicles as directed, including driving to and from medical emergencies as part of ambulance transportation team.

Administer first aid; apply techniques for the control of bleeding; utilize immobilization techniques to stabilize patient.

Perform basic field triage; provide initial pre-hospital emergency care of trauma.

Obtain and document diagnostic signs including but not limited to temperature, blood pressure, pulse and respiration rates, level of consciousness, and pupil status.

Evaluate the ill and injured and document findings and actions patient care report.

Perform cardiopulmonary resuscitation, including the use of mechanical adjunctions to advance cardiopulmonary resuscitation and both manual defibrillators and automated external defibrillators (AED).

Use of adjunctive airway breathing aids such as oropharyngeal airway and nasopharyngeal airway, advanced airway to include supraglottic, suction devices, basic and advanced oxygen delivery devices, and manual and mechanical ventilation devices designed for prehospital use.

Operate various types of stretchers and body immobilization devices; lift patients into and off of ambulance on gurney.

Administer emergency medications per Stanislaus County Emergency Medical Services (EMS) protocols.

Contact and obtain direction from base hospitals regarding patient care. #9..
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CITY OF MODESTO
Emergency Medical Technician (EMT)/Paramedic

Obtain and document patient information for file and billing purposes.

Clean and decontaminate ambulance and equipment; maintain and restock inventory of ambulance and station supplies through logistics orders.

Preform preventative maintenance inspections on assigned vehicle or apparatus.

Attend and complete department and hospital training sessions and drills.

Abide Federal, State, County, local and department laws, regulations, protocols, and policies including the Health Insurance Portability and Accountability Act (HIPAA).

Build and maintain positive working relationships with co-workers, other City employees, and the public using principles of good customer service.

Observe and maintain a safe working environment in compliance with established safety programs and procedures.

Marginal Functions:

Perform related duties as assigned.

MINIMUM QUALIFICATIONS
Knowledge of:

English usage, spelling, grammar and punctuation.

Office procedures, methods, and equipment including computers and applicable software applications such as word processing, spreadsheets, and databases.

Ability to:

Learn to understand and act in accordance with departmental policies, rules, and instructions in the field of emergency medical services.

Demonstrate medical aptitude and apply medical techniques and procedures.

Retain presence of mind in emergency situations.

Think and act quickly and effectively in emergencies.
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CITY OF MODESTO
Emergency Medical Technician (EMT)/Paramedic

Understand and follow oral and written directions promptly and accurately.

Perform occasional heavy lifting and physical maneuvering.

Work in a communal environment that includes common sleeping, eating, and restroom facilities.

Communicate clearly and concisely, both orally and in writing.

Establish and maintain effective working relationships with those contacted in the course of work.

Operate office equipment including computers and supporting word processing, spreadsheet, and database applications.

Emergency Medical Technician (EMT-B)
Experience and Training Guidelines:

Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be:

Experience:

None required. Work experience on a transporting ambulance highly desirable.

Training:

High School diploma or GED equivalency.

License or Certificate:

Possession of a current Cardiopulmonary Resuscitation (CPR) Certificate for the Health Care Professional.

Possession of a current California Emergency Medical Technician (EMT-B).

Certificate
Possession of a Basic Life Support (BLS) and Automated External Defibrillator (AED) card.

Possession of valid California driver’s license and a current DMV issued #9..
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CITY OF MODESTO
Emergency Medical Technician (EMT)/Paramedic

Ambulance Drivers Certification
Additional Requirements:

Must be a minimum of age 18 by date of appointment.

Paramedic (EMT-P)
Experience:

None required. Work experience on a transporting ambulance highly desirable.

Training:

High School diploma or GED equivalency.

License or Certificate:

Possession of a current Cardiopulmonary Resuscitation (CPR) Certificate for the Health Care Professional.

Possession of a current California Paramedic (EMT-P) License at time of appointment. National Registry Cards will not be accepted.

Possession of a current Advanced Cardiac Life Support (ACLS) Card.

Possession of a current Pre-Hospital Trauma Life Support (PHTLS) Card or International Trauma Life Support (ITLS) card.

Possession of a current Pediatric Advanced Life Support (PALS) card or Pediatric Education for Pre-Hospital Personnel (PEEP) card.

Possession of valid California driver’s license and a current DMV issued Ambulance Drivers Certification.

Additional Requirements:

Must be a minimum of age 18 by date of appointment.
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CITY OF MODESTO
Emergency Medical Technician (EMT)/Paramedic

PHYSICAL AND MENTAL REQUIREMENTS
Mobility: pulling and pushing objects, sitting, standing, walking on uneven or slippery surfaces, kneeling, bending, twisting, turning, stooping, squatting, and stooping. Lifting:
perform tasks requiring strength and stamina, such as heavy lifting and moving equipment and objects weighing over 100 pounds. Vision: constant use of overall vision; frequent reading of gauges, documents and street maps, color and depth vision. Dexterity:
frequent grasping, holding and reaching, manual dexterity to use tools, assemble fittings and perform hose and ladder placement evolutions. Hearing/Talking: verbal communication including projecting a voice that can be heard in a noisy environment, hearing and distinguishing various sounds, such as alarms, voices of coworkers and warning horns or sirens in both quiet and noisy environments. Emotional/Psychological:
frequent concentration and decision making, frequent public and coworker contact, ability to maintain high level cognitive, interpretive and judgment skills. Environmental: willing to work in adverse conditions and life-threatening emergencies; subject to odors, dust, pollen, chemicals, skin irritants, fumes and solvents.

WORKING CONDITIONS
Work is performed in both indoor and outdoor environment on a year-round basis and is subject to seasonal climate and weather conditions wearing protective clothing. Positions require varying shift assignments and overtime work.

Class Spec History
Adopted 3/24
BU Gen Fire NS
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Letter of Agreement
Between
City of Modesto
And
Modesto Firefighter’s Association

The City of Modesto and Modesto City Firefighter’s Association (MCFFA) have met and conferred and have agreed to the following regarding adding Single Role paramedic and Single Role EMT positions:

Parties agree to place Single Role Paramedics and Single Role Emergency Medical Technicians (EMTs) within the new salary series 1200 with Single Role Paramedics at range 1216 and Single Role EMTs at range 1212. Parties agree that these positions are limited to funding availability. Parties agree to create MOU language through the current bargaining process with all general provisions that apply to nonsworn employees being applied to Single Role Paramedics and EMTs. These consist of miscellaneous articles to include:
• Management rights
• Salary and Step placement
• Performance evaluations
• Pay periods and Workweeks
• Vacation accruals
• Holidays
• Sick Leave
• Retirement
• Health, dental, vision
• Retiree Health
• Probation and Layoff procedures
• Disciplinary actions and appeals
• Outside employment and
Provisions of law

FOR THE

CITY OF MODESTO
FOR MODESTO FIREFIGHTER’S

ASSOCIATION
Christina Alger Date
Director of Human Resources
Ruben Esparza Date
MCFFA President
Joe Lopez Date
City Manager
Ryan Mackey Date
MCFFA Vice President
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

March 12, 2024
Date: February 14, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jeremy Rogers, Director of Parks, Recreation and Neighborhoods SUBJECT: Agreement with Three Thirty Three Arts for Public Art Mural Installation CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], 209-571-5526
DESCRIPTION:

Consider approving an Agreement with Three Thirty Three Arts, Walnut Creek, CA, for Installation of a Professional Public Mural in the amount of $0. (Funding Source: Not Applicable) STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s 2020-2025 Strategic Plan Initiatives: build and promote a recognizable and desirable identity for the City of Modesto.

BACKGROUND:

Section 11101 of the City of Modesto Charter authorizes the Culture Commission (Commission) to act as an advisory body to the City Council and City Manager in all matters pertaining to art, literature, music, and other cultural activities.

In 2015, by Ordinance No. 3617-C.S., Council approved the addition of Chapter 22 “Public Art”, to the Modesto Municipal Code providing a procedure for the acquisition and maintenance of public art. The Parks, Recreation and Neighborhoods (PRN) Director, as the overseeing department of the Culture Commission, is responsible for verifying public art proposals are complete and identify the artist, design details, proposed location, and funding source. The Commission is responsible for the review and approval/denial of public art proposals submitted by outside parties. Proposals must be fully funded for creation and maintenance, enhance, or beautify the City, and harmonize with existing public art projects.

On July 7, 2023, Sage Loring of Three Thirty Three Arts (333Arts) submitted a public art proposal for consideration. The PRN Director reviewed the application for completeness and compliance with the Public Art Ordinance requirements. After several meetings and discussions 1https://library.municode.com/ca/modesto/codes/code_of_ordinances?nodeId=CHTR_ARTXIAPBOCO_S1110CU CO
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City Council, March 12, 2024
Agreement with Three Thirty Three Arts for Public Art Mural Installation

with the City Manager’s Office and the Facilities Division, the public art proposal was verified and approved to be placed on the Culture Commission’s agenda in November for review.

On November 1, 2023, the Culture Commission considered the public art proposal from 333Arts to install a professional public art mural on the 10th Street Parking Garage. The Commission reviewed the community benefit of the mural and synchronization with current art projects and unanimously approved the proposal to be forwarded to Council for consideration.

DISCUSSION:
333Arts’ public art proposal includes installation and short-term maintenance of a professional public art mural on the north side of the 10th Street Parking Garage between 10th and 11th Streets and facing K Street. The art is a manga or comic book style abstract art piece that is part of a series throughout California. Sections of the series currently exist in Concord and Oakland.
333Arts is responsible for obtaining all required permits, equipment, and supplies, and managing installation of the mural by a professional artist. 333Arts is also responsible for the removal of all equipment and debris generated during the installation process that is estimated to be 10 days. The City will grant 333Arts personnel access to the parking garage and will maintain ownership of the final artwork upon completion.

The City of Modesto welcomes and hosts a variety of murals and public art pieces on both public and private property. Public art enhances the overall quality of life and experience for residents and visitors of Modesto. The Commission determined the art piece to be cohesive with existing art and caters to a large demographic in Modesto.

FISCAL IMPACT:

Mural installation, including tagging protection coating and short-term maintenance expenses are estimated at $23,000 and will be funded by the Brendan Mann Foundation. There is minimal anticipated financial impact to the City, all of which can be covered in the current operating budget. Staff may need to clean tagging off the mural from time to time, but the mural begins on the third floor in an upward direction, which will make tagging more difficult. New security cameras coming to the parking garages should also deter vandalism of the mural.

COMMITTEE RECOMMENDATION:

This item was reviewed by the Safety and Communities Committee on February 12, 2024, and the Committee recommended forwarding the item to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an Agreement with Three Thirty Three Arts, Walnut Creek, CA, for Installation of a Professional Public Mural in the amount of $0, and authorizing the City Manager, or his designee, to execute the Agreement.
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City Council, March 12, 2024
Agreement with Three Thirty Three Arts for Public Art Mural Installation

Approved by:

Jeremy Rogers. Parks, Recreation and
Neighborhoods Director
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Services Agreement with 333 Arts
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03/12/2024/PRN/NHoux/Item XX 1 2024-XXX

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-

RESOLUTION APPROVING AN AGREEMENT WITH THREE THIRTY

THREE ARTS, WALNUT CREEK, CA, FOR INSTALLATION OF A
PROFESSIONAL PUBLIC MURAL IN THE AMOUNT OF $0, AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE

THE AGREEMENT
WHEREAS, Section 1110 of the City of Modesto Charter authorizes the Culture Commission (Commission) to act as an advisory body to the City Council and City Manager in all matters pertaining to art, literature, music, and other cultural activities; and
WHEREAS, Ordinance No. 3617-C.S. approved the addition Chapter 22 “Public Art” to the Modesto Municipal Code to provide procedure for the acquisition and maintenance of public art; and
WHEREAS, on July 7, 2023, Sage Loring of Three Thirty Three Arts (333Arts) submitted a public art proposal to install a professional public art mural on the 10th Street Parking Garage for consideration; and
WHEREAS, the Parks, Recreation and Neighborhoods (PRN) Director verified the public art proposal was complete and compliant with the Public Art Ordinance requirements; and
WHEREAS, on November 1, 2023, the Culture Commission confirmed the public art proposal from 333Arts provided a community benefit and synchronized with current art projects and unanimously approved it to be forwarded to Council for consideration; and
WHEREAS, 333Arts’ public art proposal includes installation and short-term maintenance of a professional public art mural on the north side of the 10th Street #10..
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03/12/2024/PRN/NHoux/Item XX 2 2024-XXX
Parking Garage between 10th and 11th Streets and facing K Street and is responsible for obtaining all required permits, equipment, and supplies, managing installation of the mural by a professional artist, and removal of all equipment and debris generated during the installation process that is estimated to be 10 days; and WHEREAS, the City will grant 333Arts personnel access to the parking garage and will maintain ownership of the final artwork upon completion; and WHEREAS, the Culture Commission’s input, 333Arts’ inspiration of the artwork, and community fanbase of the artwork and research results supporting the public art proposal were presented to and approved by the Safety & Communities Committee on Monday, February 12, 2024.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an Agreement with Three Thirty Three Arts, Walnut Creek, CA, for Installation of a Professional Public Mural in the amount of $0.

BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby authorized to execute the agreement, in a form approved by the City Attorney. #10..
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03/12/2024/PRN/NHoux/Item XX 3 2024-XXX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 12th day of March, 2024, 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:

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

BY: ___________________________
JOSE M. SANCHEZ, City Attorney
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1 AGREEMENT FOR SERVICES
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this ____ day of 2024 (“Effective Date”), by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "CITY", and 333Arts, a California 501c3 nonprofit corporation, hereinafter referred to as “333Arts” or "CONTRACTOR".

This Agreement is made with regard to the following recitals:

A. City desires to engage 333Arts to provide services (the “Services”) consisting of installing a professional public mural (the “Mural”) on two levels of the exterior wall on the K Street side of the 10th Street Parking Garage located at 1035-1098 K. Street, Modesto, CA 95354 (the “Premises”);
B CONTRACTOR represents that it is qualified, willing, and able to provide said services;
C City of Modesto Redevelopment Successor Agency is the legal owner of the Premises;
D City has the full authority to allow installation of the Mural on the Premises; E 333Arts desires to have the Mural begin installation on the Premises in approximately Q1 2024.

NOW, THEREFORE, the parties mutually agree as follows:

1. SCOPE OF SERVICES.
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2 CONTRACTOR shall undertake and complete the work as set forth and described in the document attached hereto and referred to as Exhibit A (the “Services”).

CONTRACTOR shall perform the Services as described in Exhibit A in a manner consistent with the standards of its profession and acceptable to CITY.

2. TERM OF AGREEMENT.

This Agreement shall commence on the Effective Date and continue until completion, not exceeding 1 year from Effective Date. The CITY also retains the right to terminate this Agreement, as provided in Paragraph 10, below.

3. COMPENSATION.

The Services as described in this Agreement are provided complimentary to City courtesy of 333Arts’ client, the Brenden Mann Foundation. 333Arts shall be solely responsible for facilitating costs for the Services and Mural maintenance to be performed hereunder.

4. OBLIGATIONS OF CONTRACTOR.

Throughout the term of this Agreement, CONTRACTOR shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business in the City of Modesto, California. CONTRACTOR 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. #10..
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3 5. INTEREST OF CONTRACTOR.

CONTRACTOR 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. CONTRACTOR warrants that, in performance of this Agreement, CONTRACTOR shall not employ any person having any such interest. CONTRACTOR 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.

6. INDEPENDENT CONTRACTOR.

All acts of CONTRACTOR, its agents, officers, volunteers and/or employees and all others acting on behalf of CONTRACTOR relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of CITY. CONTRACTOR has no authority or responsibility to exercise any rights or power vested in the CITY except for such rights or powers expressly set forth in Exhibit A attached hereto. No agent, officer, or employee of the CITY is to be considered an employee of CONTRACTOR. It is understood by both CONTRACTOR and CITY that this Agreement shall not, under any circumstances, be construed or considered to create an employer-employee relationship or a joint venture. CONTRACTOR, its agents, officers, volunteers and/or employees are, and at all times during the term of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY. It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONTRACTOR or CONTRACTOR'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 #10..
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4 whatsoever. It is further understood and agreed that CONTRACTOR must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of CONTRACTOR's personnel. As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any person that an employer-employee relationship exists by reason of this Agreement.

7. 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.

8. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the provisions of this section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier services which obtains confirmation of receipt); or (b) by facsimile, provide that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail, or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this section:
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5 FOR CONTRACTOR: Name: 333Arts
Address: 712 Bancroft Rd.

Walnut Creek, CA 94598
Attention: Sage Loring, Executive Director
Phone: 714-822-8470
Facsimile: (XXX) XXX - XXXX
Email: [email protected]
FOR CITY: Name: City of Modesto
Address: PO Box 642
Modesto, CA. 95353
Attention: PRND Contract Administrator
Phone: (209) 577-5344
Facsimile: (209) 544-3982
Email: [email protected]

9. INSURANCE REQUIREMENTS.

The CONTRACTOR 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 of 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 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. If commercial General Liability Insurance of other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations, broad form #10..
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6 contractual, independent contractor and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000.000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(d) If applicable, Professional Liability insurance with a minimum limit of $1,000,000 per claim and $2,000,000 policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

If at any time any of said policies shall be unsatisfactory to the CITY, as to form a substance, or if a company issuing such policy shall be unsatisfactory to the CITY, the CONTRACTOR shall promptly obtain a new policy, submit it the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the CONTRACTOR 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 CONTRACTOR to obtain and/or maintain any required insurance shall not relieve the CONTRACTOR from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the CONTRACTOR concerning indemnification. The CITY, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Worker’s Compensation and Professional Liability. The Worker’s Compensation insurer shall agree to waive all rights of subrogation against the CITY, its agents, officers, employees, and volunteers for losses arising from work performed by CONTRACTOR for the CITY. The CONTRACTOR’s insurance policy (ies) shall include a provision that the coverage is primary as respects the CITY: shall include no #10..
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7 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 CONTRACTOR must deliver certificates evidencing existence of the insurance listed above to the CITY prior to the time the contract is signed.

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

For any claims related to this project, the CONTRACTOR’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 CONTRACTOR’s insurance and shall not contribute with it.

This indemnity, and duty to defend, also expressly includes premises liability for any injury or death which may occur on CONTRACTOR’s License Use Agreement for any premises, regardless of cause.

10. TERMINATION OF AGREEMENT.

Termination by City for Default of Contractor
Should Contractor 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 Contractor. 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 #10..
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8 to, any of the following: failure to perform required services or duties, willful destruction of City's property by Contractor, dishonesty or theft.

Termination by City for Convenience
The City may also terminate the Contractor's performance under the Agreement, either in whole or in part, at its own discretion, 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. 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 Contractor with consultation with the City prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, Contractor shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subcontractors and agents are notified of such termination and act as specified in the notice of termination;
City will pay Contractor an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Contractor after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
b. The Agreement price allocable to the portion of the Work properly performed
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9 Authorization to Terminate Agreement
Termination of the Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Contractor to appeal the City Manager, or his/her designee’s, decision to the City Council. The Contractor shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.

11. INDEMNITY.

CONTRACTOR, its agents, officers, volunteers and or employees shall defend, indemnify, and hold harmless CITY, its agents, officers, and employees from and against all claims, damages, losses, judgment, liabilities, expenses, and other costs including litigation costs and attorney's fees from every cause, including but not limited to injury to person or property or wrongful death arising directly or indirectly out of any act or omission of CONTRACTOR whether or not the act or omission arises from the negligence or other liability of CITY (except for the sole negligence or willful misconduct of the CITY), or its agents, officers, and employees or volunteers relating to or during the performance of its obligations under this Agreement.

CONTRACTOR'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 CONTRACTOR to procure and maintain a policy of insurance.
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10 12. 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.

13. ENTIRE AGREEMENT.

This Agreement, including any exhibits hereto, contains the entire understanding and agreement of the parties hereto with respect to the services to be provided to CITY by CONTRACTOR. All previous proposals, offers and the 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.

14. AMENDMENT.

Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreement, for CITY or CONTRACTOR to modify the scope of services or any other term provided for under this Agreement. Any amendment or change shall be discussed with CITY and the change shall be memorialized in a written amendment. This Agreement may not be modified without a duly executed, written amendment by the Parties.

15. CONSTRUCTION.
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11 The language of each and all paragraphs, terms, and/or provisions of this Agreement shall, in all cases and for any and all purposes, and in any way and all circumstances whatsoever, be construed as a whole, according to its fair meaning, and not for or against any party hereto and with no regard whatsoever to the identity or status of any person or persons who drafted all or any portion of this Agreement.

16. GOVERNING LAW.

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

17. HEADINGS NOT CONTROLLING.

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

18. COMPLIANCE WITH LAWS.

CONTRACTOR shall fully comply with all applicable federal, state, and local laws, ordinances and regulations, including but not limited to, all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. Refer to Exhibit B for detail pertaining to requirements for finger printing of staff and background checks.

19. CITY BUSINESS LICENSE.

CONTRACTOR will have a valid City of Modesto business license. #10..
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12 IN WITNESS WHEREOF, the CITY OF MODESTO, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attested by its City Clerk under authority of Resolution No. 2024-____, adopted by the Council of the City of Modesto on the ____ day of ____________, 2024 and 333Arts, has caused this Agreement to be duly executed.
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13 “EXHIBIT A”

SCOPE OF WORK

MURAL INSTALLATION
This Scope of Work for a mural installation (“Scope of Work”) between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "CITY", and 333Arts, a California 501c3 nonprofit corporation, hereinafter referred to as “333Arts” or "CONTRACTOR". City and 333Arts may be referred herein individually each as a “Party” or collectively as the “Parties”.

1. MURAL INSTALLATION PHASE.
a) The Mural installed at the Premises will be a close representation of the Design Comp approved by City. Some minor details in the Mural will be subject to the Artist’s discretion during installation and may not precisely mirror the approved Design Comp.
b) City authorizes the Artist, 333Arts, and their personnel to access the Premises as necessary to facilitate and complete installation of the Mural. c) 333Arts is responsible, at 333Arts’ cost, for obtaining any permits required to allow installation of the Mural at the Premises prior to commencement of installation. City will work with 333Arts to ensure 333Arts has obtained all City required permits, approvals, and safety equipment necessary for installation of the Mural.
d) 333Arts shall ensure that the Artist will not leave any materials that may litter the public area when Services are being performed and no equipment or waste material shall be left upon the Premises after the period of installation of the Mural.

2. OWNERSHIP OF MURALS AND PORTABLE ARTWORKS.

Title to and ownership of the Mural shall transfer to City upon completion of the Mural installation.

3. RIGHTS OF REPRODUCTION; LICENSE.
a) Copyright and Retained Rights. Except as provided herein, the Artist retains all copyrights to their Design Comp and Mural, the right to claim authorship of their Design Comp and Mural, and every right available to the Artist at common law or under the Federal Copyright Act to control the making and dissemination of copies or reproduction of their respective Design Comp or Mural except as those rights are limited by this Scope of Work. The Artist retains all copyright in and to all creative elements of their Design Comp and Mural and all rights to display, reproduce, adapt, distribute and offer for sale three-dimensional and two-dimensional copies of their Design Comp and Mural for any purpose, subject to City’s limited rights set forth in section 6.b and 6.c below.
b) Display and Reproduction License. City, and its successors, affiliates, agents and representatives (each a “Licensee” and collectively “Licensees”) are granted an irrevocable, perpetual, exclusive other than as to the Artist, royalty-free, world-wide license to publicly display and exhibit the original Mural on this one-time only reproduction painted directly onto the Premises. Reproductions of the Mural shall be limited to City’s use of any photograph or other two-dimensional depictions, the primary purpose and effect of which is to depict the Mural itself (a “Primary Depiction”) in a reasonable and tasteful #10..
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14 manner in promotional, publicity or informational materials about the project, City’s art collection or cultural programs, or 333Arts’ role in creation of the Mural project; no other reproductions of the Mural are permitted. Other than as provided herein, Licensees shall not make use of any Primary Depiction for any other purpose. In particular, without limitation, the license does not include, and the Artist’s prior written consent shall be required in each instance with respect to, any use of Primary Depiction for merchandising, as a logo or trademark, to promote any cause or any commercial brand, product or product line, or for any political purpose. Each Primary Depiction shall faithfully depict the Mural as originally designed by the Artist, without material alterations or changes.
c) Incidental Depictions. The terms of the preceding subsection (b) of this Section 6 shall not apply to any photograph or depiction of a Premises (or any portion thereof) in which the appears in a purely incidental manner, i.e., where the purpose is to depict the overall Premises or elements thereof other than the Mural itself, and the Mural is not the focus of the depiction but rather only appear because it happens to be in or adjacent to the area of interest; and Licensees shall be free to use or license others to use any such incidental photograph or depiction for any purpose, without restriction.

4. MURAL CARE & LIFESPAN.

City acknowledges that the Mural is for public benefit and enjoyment in Modesto, CA. 333Arts will coat the Mural with a UV and anti-graffiti protective coating which shall keep the colors and design free from fading for approximately 5-7 years. It is recommended that the protective coating be applied every 5-7 years for optimal protection against fading. However, with the Mural facing North and consideration with the colors to be used in the Mural, the risk of sun damage is even further minimized and may not have any noticeable fading for 10+ years.

City agrees to notify 333Arts in writing of any damages to the Mural. If minor repairs are needed to be made to the Mural due to graffiti vandalism, City will consult with 333Arts on repairing damages to the Mural. With the protective coating on the Mural, minor graffiti damage can generally be repaired by City staff with a special solvent that will be supplied by 333Arts to City and pressure washed off.

If other damage occurs that requires any portion of the Mural artwork to be repaired, and within reason, for a period of 3 years after installation of the Mural 333Arts will repair the minor damage at no cost to City. If damage occurs to the Artwork in which 333Arts deems as major damage, the Parties agree that City has the authority to remove the Mural in full and City will cover all costs related to removal of the Mural. City agrees that Artist, 333Arts, the Brenden Mann Foundation, and their respective officers, members, agents, and employees are not responsible for replacing the Mural in full or in part.

City agrees that no alterations will be made to the Mural including obstructions or placement of signage, whether permanent or temporary, directly attached or partially attached to any portion of the Mural that would detract from the appearance, artistic impression, or enjoyment of the Mural.

5. MURAL WARRANTY.

Local Edition will guarantee the Mural and offer a warranty for 6-months after completion of installation on any defects resulting from paint degradation. The warranty covers the cost of Mural paint, paint supplies, and labor only. The warranty excludes fading or damage to any Mural due to other elements such as prolonged direct sunlight, trapped moisture, heat, scrapes, dings, vandalism, or other natural or human elements the Mural may be exposed to. The warranty also excludes the cost of any necessary permits or other fees that may be required in order to repair a Mural. #10..
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15 6. REPUTATION AND CREDIT.

City agrees to use commercially reasonable efforts to ensure that all references to and reproductions of the Mural shall credit the Artist and all formal references to the Mural or authorized to be made by City shall also include credit to 333Arts and the Brenden Mann Foundation with the following statement: “Project produced by Three Thirty Three Arts and Brenden Mann Foundation”.

7. MURAL DE-INSTALLATION.
a) Attribution. If any alteration or damage to the Mural occurs after installation, whether intentional or accidental and whether done by City or others, without the respective Artist's consent, the Artist shall have the right to disclaim authorship of their Mural in accordance with Visual Artists Rights Act (17 U.S.C. §§ 106A and 113(d) (VARA) and the California Art Preservation Act (Cal. Civil Code §§ 987 and 989) (CAPA), in addition to any remedies the Artist may have in law or equity under this Scope of Work. The Artist will enter into a written agreement with 333Arts that waives any and all other potential claims by the Artist arising at any time and under any circumstances against City and 333Arts, its officers, members, agents, employees, successors and assigns, arising from VARA or CAPA. In the event the Artist disclaims authorship of the Mural, upon written request by the 333Arts, City shall remove any identification plaque and all attributive references to the Artist at City’s own expense within 30 days of receipt of the notice. No provision of this Scope of Work shall obligate City to alter or remove any such attributive reference printed or published prior to City’s receipt of such notice. The Artist may take such other action as the Artist may choose in order to disavow the Mural.
b) Destruction. Notwithstanding any rights accorded under VARA, CAPA or any similar local, state, federal or international moral rights laws (collectively, “Moral Rights Laws”), City shall have the right to de-install, discard, and/or destroy the Mural and City agrees to discard the Mural in its entirety. If City decides to exercise such right, City shall endeavor to provide 333Arts with 60 days written courtesy notice in order that 333Arts and the Artist are made aware of the de-installation. c) Relocation. It is acknowledged that each Mural is site-specific and was created to be installed and shown only at the Premises, and that the Premises creates a context that is an integral part of the Mural.

8. NON-CIRCUMVENTION.

City understands and acknowledges that as a material term of this this Agreement that City, its members, subsidiaries and owners, shall be prohibited from entering into any agreement with the Artist or any of Artist’s representatives for any future services or project not directly connected to the Services for a period of five (5) years following the date the Services were completed. All such future projects or deals with the Artist from the date of this Scope of Work and for a period of five (5) years after the Services were completed at the Premises must go through 333Arts.

9. In the event that there is a conflict between this Agreement and Chapter 22 of Title 4 of the Modesto Municipal Code, “Public Art”, Chapter 22 shall control. #10..
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“EXHIBIT B”

SCOPE OF WORK

MURAL INSTALLATION
Mural Design Comp Rendering
Mural Narrative -
The Brenden Mann Foundation and Three Thirty Three Arts have embarked on a mural project comprised of a series of designs rendered in the popular Manga style with a goal to render several (approximately five) large-scale murals across select Northern CA cities. Japanese inspired illustrative work is widely popular these days and has increased in popularity over a huge demographic that spans race, age, and socioeconomic status. Manga is especially popular within the age range of tweens through adults in their 30s which is fairly uncommon for an art form to reach popularity across such a broad range. #10..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

March 12, 2024
Date: February 13, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jeremy Rogers, Director of Parks, Recreation and Neighborhoods SUBJECT: First Amendment to the Creekside Golf Course, Monarch Towers III, LLC, Cell Tower Site Lease Agreement
CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], 209-571-5526
DESCRIPTION:

Consider approving a First Amendment to the Cell Tower Site Lease Agreement at Creekside Golf Course with SBA Monarch Towers III, LLC, to increase the lease area by an additional 108 square feet and to extend the maximum term of the Agreement through May 1, 2047. (Funding Source: Cell Tower Facility Rental Revenue)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The City of Modesto partners with various cellular communication service providers by leasing city property for the placement and use of cell towers. These partnerships are a benefit to the residents of the City of Modesto by improving cellular service coverage throughout Modesto, improving coverage for the Federal Communications Commission mandated E9111 Services, and providing annual revenue to the City of Modesto to maintain the city park system.

On September 26, 2006, by Resolution No. 2006-613, Council approved a 5-year lease agreement with SBA Monarch Towers III, LLC, for approximately 399 square feet of ground space at the Creekside Golf Course for the construction of the communication facilities. This agreement included three (3) extensions of five (5) years each, expiring May 1, 2027. 1 According to the Federal Communications Commission, “The FCC also requires wireless telephone carriers to provide 911 and E911 capability, where a Public Safety Answering Point (PSAP) requests it. Once it is implemented fully, wireless E911 will provide an accurate location for 911 calls from wireless phones.” - https://www.fcc.gov/general/9-1-1-and-e9-1-1-services
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City Council, March 12, 2024
First Amendment to the Creekside Golf Course, Monarch Towers III, LLC, Cell Tower Site Lease Agreement

In early 2023, SBA Monarch Towers III, LLC notified the City of their interest in amending the existing lease agreement to provide long-term site security.

DISCUSSION:

To provide long-term security, the cell tower owner at the Creekside Golf Course, SBA Monarch Towers III, LLC, requests that the City provide a long-term extension to this contract. This extension will give SBA Monarch Towers III, LLC assurance that their large capital investment of costly communication equipment will be secure well beyond the current agreement’s expiration date. Additionally, this amendment will also provide some stability of a site that provides E911 services for the citizens of Modesto. Finally, this amendment will provide a fixed revenue source to the City for the next 20+ years.

Included in the First Amendment to the Site Lease Agreement (attached) are the following notable changes:
1) Additional land: An additional one hundred eight (108) square feet of leased ground space for additional telecommunication equipment.
2) Term extension: Four (4) additional, five (5) year renewal terms which would extend the final contract expiration term to May 1, 2047, with an escalation rate of 3% annually. 3) Compensation: Additional Rent in the amount of $500 per month, which will begin upon the commencement of construction on the additional square footage, with an escalation rate of 3% annually.
4) Camera Fee: A one-time payment of $10,000 will be paid by SBA Monarch Towers III, LLC to the City with their initial rent payment. The funds will be utilized to purchase and install a security camera adjacent to the tower site that the Modesto Police Department will be able to monitor from the MPD Real-Time Crime Center. 5) Tower Swap: The cell tower will be changed from a Monopole to a Monopine to better camouflage the tower.

Visually there is not expected to be any major impact to the course’s landscape because of this contract amendment. SBA Monarch Towers III, LLC has done a good job maintaining the site in the past and there have been no recorded maintenance complaints at this site.

FISCAL IMPACT:

SBA Monarch Towers III, LLC will continue to pay the City rent according to the existing contract in the amount of $2,888 with an escalation rate of 3% every year. Over the three remaining years of the current contract, the City will receive approximately $110,350 in revenue.

Revenue Projection for the remaining time of current cell tower lease agreement:

Creekside Golf Course revenue (90%) $ 99,315
Administration and Contract Support (10%) $ 11,035
Total Estimated Revenue during remaining contract term $ 110,350 If approved, this amendment will provide new revenue to the City of approximately $1,117,810 over the full term of the amendment.

Additional Revenue Projection if this first amendment is approved:

Creekside Golf Course revenue (90%) $ 1,006,029
Administration and Contract Support (10%) $ 111,781
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City Council, March 12, 2024
First Amendment to the Creekside Golf Course, Monarch Towers III, LLC, Cell Tower Site Lease Agreement

Total Estimated Revenue during 20-year contract extension $ 1,117,810 Ten percent (10%) of the monthly revenue will be deposited into the Parks, Recreation and Neighborhoods Department’s Parks Planning and Development Division’s revenue account #0100-32020-46002 for administration, and the remaining 90% of the revenue will be deposited into the Creekside Golf Course revenue account #4700-34210-46004 and will offset the General Fund expense of golf course maintenance.

If SBA Monarch Towers III, LLC decides to construct on the additional 108 square feet, additional rent of $500 per month will be paid. In accordance with the original agreement, this additional rent will increase at a rate of 3% each year thereafter. SBA Monarch Towers III, LLC have within 120 days of the commencement of the amendment to enact this option for the additional lease area. If they do not, then the additional square footage is returned to the City.

However, the remaining changes implemented by this amendment would continue.

No budget adjustment is required currently. Staff will budget the estimated cell tower revenue to the operating budget during future annual budget processes.

COMMITTEE RECOMMENDATION:

This item was reviewed by the Safety and Communities Committee on February 12, 2024, and the Committee recommended forwarding the item to Council for approval.

CEQA/NEPA REQUIREMENTS:

The approval of this agreement is exempt from CEQA because it is an administrative action and does not authorize or approve any project.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving a First Amendment to the Cell Tower Site Lease Agreement at Creekside Golf Course with SBA Monarch Towers III, LLC, to increase the lease area by an additional 108 square feet and to extend the maximum term of the Agreement through May 1, 2047, and authorizing the City Manager, or his designee, to execute the Agreement.

Approved by:

Jeremy Rogers, Director of Parks, Recreation and
Neighborhoods
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. First Amendment to Monarch Towers, III, LLC, at Creekside Golf Course

3. Original Cell Tower Agreement
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03/12/2024/PRN/NHoux/Item XX 1 2024-XXX

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-

RESOLUTION APPROVING A FIRST AMENDMENT TO THE CELL TOWER

SITE LEASE AGREEMENT AT CREEKSIDE GOLF COURSE WITH SBA

MONARCH TOWERS III, LLC, TO INCREASE THE LEASE AREA BY AN ADDITIONAL 108 SQUARE FEET AND TO EXTEND THE MAXIMUM TERM OF THE AGREEMENT THROUGH MAY 1, 2047, AND AUTHORIZING THE

CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT WHEREAS, the City of Modesto partners with various cellular service providers by leasing city property for cell towers; and
WHEREAS, these partnerships are a benefit to the residents of the City of Modesto by improving cellular service coverage throughout Modesto, improving coverage for the FCC mandated E911 Services; and
WHEREAS, on September 26, 2006, by Resolution No. 2006-613, the City Council approved a 5-year lease agreement with SBA Monarch Towers III, LLC, for approximately 399 square feet of ground space at the Creekside Golf Course for the construction of the communication facilities; and
WHEREAS, the agreement included three (3) extensions of five (5) years each, expiring May 1, 2027; and
WHEREAS, in early 2023, SBA Monarch Towers III, LLC notified the City of their interest in amending the existing lease agreement to provide long-term site security; and
WHEREAS, the two parties have reach an agreement on terms for an amendment, extending the lease agreement; and
WHEREAS, the amendment includes the following terms:
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03/12/2024/PRN/NHoux/Item XX 2 2024-XXX
1) Additional land: An additional one hundred eight (108) square feet of leased ground space for additional telecommunication equipment. 2) Term extension: Four (4) additional, five (5) year renewal terms which would extend the final contract expiration term to May 1, 2047, with an escalation rate of 3% annually.
3) Compensation: Additional Rent in the amount of $500 per month, which will begin upon the commencement of construction on the additional square footage, with an escalation rate of 3% annually.
4) Camera Fee: A one-time payment of $10,000 will be paid by SBA Monarch Towers III, LLC to the City with their initial rent payment. The funds will be utilized to purchase and install a security camera adjacent to the tower site that the Modesto Police Department will be able to monitor from the MPD RealTime Crime Center. 5) Tower Swap: The cell tower will be changed from a Monopole to a Monopine to better camouflage the tower.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a First Amendment to the Cell Tower Site Lease Agreement at Creekside Golf Course with SBA Monarch Towers III, LLC, to increase the lease area by an additional 108 square feet and to extend the maximum term of the Agreement through May 1, 2047.

BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby authorized to execute the agreement, in a form approved by the City Attorney. #11..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 12th day of March, 2024, 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:

DIANA NAYARES-PEREZ, CMC,
City Clerk
APPROVED AS TO FORM:

BY: ___________________________
JOSE M. SANCHEZ, City Attorney
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1 Prepared by: Catherine Hutchison
After recording return to: Rita Drinkwater
SBA Network Services, LLC
8051 Congress Avenue
Boca Raton, FL 33487
Ph: 800-487-7483 ext. 7872
Parcel ID: 033047025

FIRST AMENDMENT TO SITE LEASE AGREEMENT
THIS FIRST AMENDMENT TO LAND LEASE AGREEMENT (“First
Amendment”) is executed this ______ day of _____________, 202_ (“Effective Date”) by and between City of Modesto, a California municipal corporation of the State of California, having an address at 1010 Tenth Street, Suite 4400, Modesto, CA 95353 (“Landlord”) and SBA Monarch Towers III, LLC, a Delaware limited liability company, having a principal office located at 8051 Congress Avenue, Boca Raton, FL 33487-1307 (“Tenant”).

WHEREAS, Landlord and Omni Communications Inc., d/b/a T-Mobile, entered into that certain Site Lease Agreement dated September 26, 2006, as evidenced by that certain Memorandum of Lease, dated September 4, 2009, and recorded January 13, 2010, as Document No. 2010-0002870-00 as amended and assigned from time to time (collectively, “Agreement”) and ultimately assigned to Tenant, as evidenced by that certain Memorandum of Assignment, dated August 9, 2012, and recorded May 13, 2013, as Document No. 2013-0041014-00; said recordings of the County Recorder’s Office of Stanislaus County, California, for Tenant’s use of a portion of the real property ("Premises") together with access and utilities thereto located at 701 Lincoln Avenue, Modesto, CA 95354 (“Property”), being more particularly described in the attached Exhibit “A”; and
WHEREAS, Landlord has reviewed and approved the construction plans to change the communications tower from a Monopole to a Monopine and hereby agrees and consents to the change.
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2 WHEREAS, Landlord and Tenant desire and intend to amend and supplement the Agreement as provided herein.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto covenant, agree and bind themselves to the following modifications to the Agreement:

1. Section 1. Premises, of the Agreement is hereby amended to include the following:

Landlord hereby leases to Tenant an additional one hundred eight (108) square feet of ground space (“Expanded Premises”) for a total ground space of approximately five hundred seven (507) square feet of ground space as described on Exhibit “B”. The Expanded Premises shall also be referred to as Premises unless otherwise specified. This legal description shall replace the existing legal description of the Premises for all purposes under this Agreement. Landlord and Tenant agree that the revised Premises legal description with access and utility easement may be substituted with a survey as soon as it becomes available.

2. The Premises as referenced in Exhibit “B” of the Agreement is hereby deleted in its entirety and replaced with Exhibit “B” to the First Amendment attached hereto and made a part hereof.

3. Section 2. Lease Term, of the Agreement is hereby amended to include the following:

In addition to the Renewal Terms as referenced in the Agreement, the Agreement is hereby amended to include four (4) additional successive terms of five (5) years (“Renewal Term”). Each Renewal Term shall be deemed automatically extended, unless Tenant notifies Landlord of its intention not to renew the Agreement at least ninety (90) days prior to the commencement of the succeeding Renewal Term. The Second additional Renewal Term shall commence on May 2, 2027, upon the expiration of the Renewal Term expiring on May 1, 2027.

4. Section 4. Compensation, subsection (a) of the Agreement is hereby amended to include the following:

Landlord hereby grants to Lessee the option to acquire additional space within the Property known as the Expanded Premises. Lessee shall have a period of one hundred twenty (120) days (“Option”) from full execution of this First Amendment to secure a sublease for the Expanded Premises or commencement construction activities at the Expanded Premises. If the foregoing does not occur, then Tenant’s right to the Expanded Premises shall be null and void.

However, in the event Lessee secures a sublease or commences construction for the Option, then as consideration for the Expanded Premises, Tenant shall pay Landlord an additional amount of Five Hundred and No/100 Dollars ($500.00) per month (“Additional Rent”). #11..
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3 The Additional Rent shall escalate in accordance with the terms of the Agreement and be payable with the Rent. The Additional Rent shall also be referred to as Rent, unless otherwise specified. The Additional Rent shall be due upon the commencement of construction activities at the Expanded Premises by Tenant or any of Tenant’s sublessees.

However, in the event that Tenant is unable to secure or maintain a sublease for the Expanded Premises, commencement of construction activities at the Expanded Premises by Tenant or any of Tenant’s sublessees does not occur, or if Tenant is unable to obtain or maintain, through no fault of Tenant, any license, permit or other governmental approval necessary for the construction and operation of the structures related to the use of the Expanded Premises, the aforementioned Additional Rent shall not be due and payable.

Tenant shall have the option, in its sole discretion, upon thirty (30) days written notice to Landlord, to terminate its rights to the Expanded Premises, and removing all improvements from the Expanded Premises, and returning the Expanded Premises to Landlord in the same condition that it was in as of the Effective Date of the First Amendment, ordinary wear and tear excepted. Any Additional Rent paid to Landlord shall immediately cease upon removal of all improvements from the Expanded Premises, and no Additional Rent shall be due or payable to Landlord.

6. Section 16. Notices, of the Agreement is hereby amended as follows:

If to Landlord: City of Modesto
Attn: Parks, Recreation and Neighborhoods Department
1010 Tenth Street
Suite 4400
Modesto, CA 95353
If to Tenant: SBA Monarch Towers III, LLC
Attn: Site Administration
8051 Congress Avenue
Boca Raton, FL 33487-1307
Re: CA40601-T/City of Modesto

7. Upon full execution of this First Amendment, Tenant shall pay to Landlord a one-time payment of Ten Thousand and No/100 Dollars ($10,000.00).

8. Capitalized terms not defined in this First Amendment will have the meaning ascribed to such terms in the Agreement.

9. This First Amendment will be governed by and construed and enforced in accordance with the laws of the state in which the Property is located without regard to principles of conflicts of law.

10. Except as specifically set forth in this First Amendment, the Agreement is otherwise unmodified and remains in full force and effect and is hereby ratified and reaffirmed. In #11..
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4 the event of any inconsistencies between the Agreement and this First Amendment, the terms of this First Amendment shall take precedence.

11. Landlord acknowledges that the attached Exhibit “A” and Exhibit “B” may be preliminary or incomplete and, accordingly, Tenant may replace and substitute such exhibits with accurate survey’s and legal descriptions of the Premises and easements and re-record this First Amendment without obtaining the further approval of Landlord.

Following such re-recording, the descriptions of the Premises and easements described therein shall serve as the descriptions for same for all purposes under the Agreement.

12. Landlord represents and warrants to Tenant that Landlord is the sole owner in fee simple title to the Property and Landlord’s interest under the Agreement and that consent or approval of no other person is necessary for Landlord to enter into this First Amendment.

13. This First Amendment may be executed in one or more counterparts, and by the different parties hereto in separate counterparts, each of which when executed shall be deemed to be an original but all of which taken together shall constitute one and the same First Amendment.

14. Tenant shall have the right to record this First Amendment. [The remainder of this page is intentionally left blank. Signatures to follow.] #11..
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5 IN WITNESS WHEREOF, the parties have executed this First Amendment as of the day and year Second above written.

WITNESSES: LANDLORD:

City of Modesto, a California municipal
corporation
_______________________________________ By: ___________________________________ Print Name:__________________________ Name: _____________________________ _______________________________________ Title: __________________________________ Print Name:__________________________
ATTEST: APPROVED AS TO FORM:

By: _______________________________ By: ________________________________ Diane Nayares-Perez, CMC, City Clerk Jose M. Sanchez, City Attorney APPROVED AS TO FORM:

By: ________________________________
Christina Alger, Director of
Human Resources
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ________________________
On _________________________, 202_, before me, ____________________________ personally appeared ______________________________________, Diane Nayares-Perez, Jose M. Sanchez, and Christina Alger, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument the person who executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
____________________________________
Notary Public________________________
My Commission Expires _______________
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6 (NOTARY SEAL)
WITNESSES: TENANT:

SBA Monarch Towers III, LLC, a Delaware
limited liability company
_______________________________________ By:_________________________________ Print Name:__________________________ Joshua Koeing
Executive Vice President and General
Counsel
_______________________________________
Print Name:__________________________

STATE OF FLORIDA

COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me by means of [X] physical presence or [ ] online notarization, this _____ day of _______________________, 202__, by Joshua Koeing, Executive Vice President and General Counsel - Asset Optimization of SBA Monarch Towers III, LLC, a Delaware limited liability company, on behalf of said company, who is personally known to me and did not take an oath.
___________________________________
Notary Public ________________________
My Commission Expires _______________
(NOTARY SEAL)
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7 EXHIBIT “A”
Legal description to be incorporated upon receipt of final survey.

Property

PARENT PARCEL LEGAL DESCRIPTION (AS PROVIDED)

BETWEEN LINCOLN AVENUE AND NORTH MCCLURE ROAD

ALL THAT REAL PROPERTY IN THE STATE OF CALIFORNIA, COUNTY OF

STANISLAUS, CITY OF MODESTO, BEING A PORTION OF THE SOUTHWEST QUARTER OF SECTION 24 AND THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 9 EAST, MOUNT DIABLO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:

COMMENCING AT THE INTERSECTION OF THE WEST LINE OF SAID SECTION 25 WITH THE CENTERLINE OF A PUBLIC STREET KNOWN AS DRY CREEK DRIVE; THENCE ALONG SAID CENTER LINE OF DRY CREEK DRIVE, NORTH 89 DEGREES 52'29" EAST, 84.94 FEET; THENCE AT RIGHT ANGLES, NORTH 00 DEGREES 07' 31” WEST, 30.00 FEET. TO THE POINT OF BEGINNING OF A NON-TANGENT CURVE AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE

NORTHWESTERLY ALONG SAID NON-TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 89 DEGREES 55'29" AND AN ARC LENGTH OF 23.54 FEET, TO ITS POINT OF TANGENCY ON A LINE WHICH IS PARALLEL WITH AND 70.00 FEET, MEASURED AT RIGHT ANGLES, EASTERLY FROM SAID WEST LINE OF SECTION 25; THENCE ALONG SAID PARALLEL LINE, SAID LINE BEING THE FUTURE EASTERN LINE OF 100.00 FOOT LINCOLN AVENUE, NORTH 00 DEGREES 12'02" WEST, 1793.38 FEET TO THE CENTERLINE OF DRY CREEK, AS SAID CREEK EXISTED ON AUGUST 1, 1988; THENCE

ALONG SAID CENTER LINE OF DRY CREEK THE FOLLOWING BEARINGS AND DISTANCES, SOUTH 85 DEGREES 34'33" EAST, 242.45 FEET; THENCE SOUTH 79 DEGREES 02'58" EAST, 226.73 FEET; THENCE SOUTH 66 DEGREES 20'16" EAST, 168.01 FEET; THENCE SOUTH 84 DEGREES 09'23" EAST, 267.02 FEET, THENCE SOUTH 81 DEGREES 03'13" EAST, 163.01 FEET THENCE SOUTH 79 DEGREES 17'11" EAST, 225.01 FEET; THENCE SOUTH 75 DEGREES 47' 36" EAST. 271.56 FEET THENCE SOUTH 45 DEGREES 22'56" EAST, 215.02 FEET; THENCE SOUTH 58 DEGREES 06' 15" EAST, 374.74 FEET; THENCE SOUTH 54 DEGREES 56' 02" EAST, 134.27 FEET; THENCE SOUTH 68 DEGREES 09'26” EAST, 93.54 FEET; THENCE SOUTH 84 DEGREES 06" 51” EAST, 94.01 FEET; THENCE NORTH 72 DEGREES 20'14" EAST, 122.01 FEET; THENCE NORTH 69 DEGREES 00'03" EAST, 91.74 FEET; THENCE NORTH 54 DEGREES 19'33" EAST, 30.17

FEET, TO ITS INTERSECTION WITH THE NORTHERLY EXTENSION OF THE FUTURE WESTERN LINE OF 60.00 FOOT NORTH MCCLURE ROAD; THENCE ALONG SAID

NORTHERLY EXTENSION OF AND FUTURE WESTERN LINE OF NORTH MCCLURE ROAD, SOUTH 00 DEGREES 16'24" EAST, 1114.49 FEET; THENCE SOUTHWESTERLY #11..
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8 ALONG A TANGENT CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF

15.00 FEET, A CENTRAL ANGLE OF 90 DEGREES 08'53" AND AN ARC LENGTH OF 23.60 FEET, TO ITS POINT OF TANGENCY ON THE NORTHERLY LINE OF 60.00 FOOT DRY CREEK DRIVE; THENCE ALONG SAID NORTHERN LINE OF DRY CREEK DRIVE, SOUTH 89 DEGREES 52' 29" WEST, 2486.13 FEET, TO THE POINT OF BEGINNING.

EXCEPTING THEREFROM THAT PORTION OF THE 75.00 FOOT WIDE MODESTO IRRIGATION DISTRICT LATERAL NO. 2 LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE:

COMMENCING AT THE INTERSECTION OF THE WEST LINE OF SAID SECTION 25 WITH THE CENTERLINE OF A PUBLIC STREET KNOWN AS DRY CREEK DRIVE; THENCE ALONG SAID CENTER LINE OF DRY CREEK DRIVE, NORTH 89 DEGREES 52'29" EAST, 84.94 FEET: THENCE AT RIGHT ANGLES, NORTH 00 DEGREES 07'31" WEST, 30.00 FEET, TO THE POINT OF BEGINNING OF A NON-TANGENT CURVE;

THENCE NORTHWESTERLY ALONG SAID NON-TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 89 DEGREES 55’ 29” AND AN ARC LENGTH OF 23.54 FEET, TO ITS POINT OF TANGENCY ON A LINE WHICH IS PARALLEL WITH AND 70.00 FEET, MEASURED AT RIGHT ANGLES, EASTERLY FROM SAID WEST LINE OF SECTION 25; THENCE ALONG SAID PARALLEL LINE, SAID LINE BEING THE FUTURE EASTERN LINE OF 100.00 FOOT LINCOLN AVENUE, NORTH 00 DEGREES 12'02" WEST, 57.45 FEET, TO A POINT ON THE SOUTHERLY LINE OF SAID LATERAL NO. 2 AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE ALONG SAID SOUTHERLY LINE OF LATERAL NO. 2 THE FOLLOWING BEARINGS AND DISTANCES, NORTH 64 DEGREES 30'03" EAST, 651.86 FEET; THENCE NORTH 78 DEGREES 53'36" EAST, 545.54 FEET; THENCE NORTH 86 DEGREES 59'31” EAST, 1392.12 FEET TO A POINT ON THE FUTURE WESTERN LINE OF 60.00 FOOT NORTH MCCLURE ROAD AND THE END OF THIS DESCRIPTION.

THE SIDE LINES OF SAID STRIP OF LAND ARE TO BE PROLONGED OR SHORTENED TO MAKE PROPER INTERSECTIONS.

TAX ID: 033-047-025-000

BEING A PORTION OF THE SAME PROPERTY CONVEYED TO CITY OF MODESTO,

CALIFORNIA, GRANTEE, FROM MODESTO PUBLIC FINANCING AUTHORITY, GRANTOR, BY GRANT DEED RECORDED 05/27/1993, AS DOCUMENT NO. 93-0053326- 00, OF THE MODESTO COUNTY RECORDS.
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9 EXHIBIT “B”
Legal description to be incorporated upon receipt of final survey.

Premises

ORIGINAL LEASE AREA (AS SURVEYED)
Situated in the City of Modesto, County of Stanislaus, and State of California. Known as being a portion of the Southwest Quarter of Section 24 and the Northwest Quarter of Section 25, Township 3 South, Range 9 East, Mount Diablo Base and Meridian, and being a 399 square foot Original Lease Area over and upon a parcel of land now or formerly conveyed to City of Modesto, California as recorded in Document No. 93-0053326-00 of Stanislaus County Records and being more particularly described as follows:

Commencing at the centerline intersection of Dry Creek Drive and N. McClure Road; Thence along said centerline of N. McClure Road, North 00°16'14" West a distance of 631.54 feet; Thence leaving said centerline, South 89°43'46" West a distance of 30.60 feet to the POINT OF BEGINNING;
Thence South 84°12'19" West a distance of 19.00 feet;
Thence North 05°47'41" West a distance of 21.00 feet;
Thence North 84°12'19" East a distance of 19.00 feet;
Thence South 05°47'41" East a distance of 21.00 feet to the POINT OF BEGINNING.

The Original Lease Area contains 0.009 acres, or 399 square feet, of land. #11..
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10 LEASE EXPANSION AREA (AS SURVEYED)
Situated in the City of Modesto, County of Stanislaus, and State of California. Known as being a portion of the Southwest Quarter of Section 24 and the Northwest Quarter of Section 25, Township 3 South, Range 9 East, Mount Diablo Base and Meridian, and being a 108 square foot Lease Expansion Area over and upon a parcel of land now or formerly conveyed to City of Modesto, California as recorded in Document No. 93-0053326-00 of Stanislaus County Records and being more particularly described as follows:

Commencing at the centerline intersection of Dry Creek Drive and N. McClure Road; Thence along said centerline of N. McClure Road, North 00°16'14" West a distance of 631.54 feet; Thence leaving said centerline, South 89°43'46" West a distance of 30.60 feet; Thence South 84°12'19" West a distance of 19.00 feet;
Thence North 05°47'41" West a distance of 21.00 feet to the POINT OF BEGINNING; Thence North 05°47'41" West a distance of 5.68 feet;
Thence North 84°12'19" East a distance of 19.00 feet;
Thence South 05°47'41" East a distance of 5.68 feet;
Thence South 84°12'19" West a distance of 19.00 feet to the POINT OF BEGINNING.

The Lease Expansion Area contains 0.002 acres, or 108 square feet, of land. #11..
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11 OVERALL LEASE AREA (AS SURVEYED)
Situated in the City of Modesto, County of Stanislaus, and State of California. Known as being a portion of the Southwest Quarter of Section 24 and the Northwest Quarter of Section 25, Township 3 South, Range 9 East, Mount Diablo Base and Meridian, and being a 507 square foot Overall Lease Area over and upon a parcel of land now or formerly conveyed to City of Modesto, California as recorded in Document No. 93-0053326-00 of Stanislaus County Records and being more particularly described as follows:

Commencing at the centerline intersection of Dry Creek Drive and N. McClure Road; Thence along said centerline of N. McClure Road, North 00°16'14" West a distance of 631.54 feet; Thence leaving said centerline, South 89°43'46" West a distance of 30.60 feet to the POINT OF BEGINNING;
Thence South 84°12'19" West a distance of 19.00 feet;
Thence North 05°47'41" West a distance of 26.68 feet;
Thence North 84°12'19" East a distance of 19.00 feet;
Thence South 05°47'41" East a distance of 26.68 feet to the POINT OF BEGINNING.

The Overall Lease Area contains 0.012 acres, or 507 square feet, of land. #11..
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12 VARIABLE WIDTH NON-EXCLUSIVE ACCESS & UTILITY EASEMENT (AS

SURVEYED)
Situated in the City of Modesto, County of Stanislaus, and State of California. Known as being a portion of the Southwest Quarter of Section 24 and the Northwest Quarter of Section 25, Township 3 South, Range 9 East, Mount Diablo Base and Meridian, and being a 49 square foot Variable Width Non-Exclusive Access & Utility Easement over and upon a parcel of land now or formerly conveyed to City of Modesto, California as recorded in Document No. 93-0053326-00 of Stanislaus County Records and being more particularly described as follows:

Commencing at the centerline intersection of Dry Creek Drive and N. McClure Road; Thence along said centerline of N. McClure Road, North 00°16'14" West a distance of 631.54 feet; Thence leaving said centerline, South 89°43'46" West a distance of 30.60 feet to the POINT OF BEGINNING;
Thence North 05°47'41" West a distance of 26.68 feet;
Thence North 89°43'36" East a distance of 3.16 feet;
Thence South 00°16'24" East a distance of 26.56 feet;
Thence South 89°43'46" West a distance of 0.60 feet to the POINT OF BEGINNING.

The Variable Width Non-Exclusive Access & Utility Easement contains 0.001 acres, or 49 square feet, of land.
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

March 12, 2024
Date: February 27, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Public Works Department
SUBJECT: Amended and Restated Agreement for Maintenance Services with Stanislaus Regional Transit Authority Fleet Maintenance
CONTACT: Patrick Crowley, Senior Public Works Manager, [email protected], 209-342-2274
DESCRIPTION:

Consider approving the Amended and Restated Agreement for Maintenance Services to the Fleet Maintenance Agreement between the City of Modesto and the Stanislaus Regional Transit Authority, amending the Position Allocation Plan to add one Administrative Services Technician, three Equipment Services Technicians, four Maintenance Worker I, and reclassifying two Heavy Equipment Mechanics to two Heavy Equipment Mechanic Crew Leaders and authorizing the City Manager, or his designee to further increase the position allocations. (Funding Source: Stanislaus Regional Transit Authority) STRATEGIC PLAN ELEMENT:

This item advances the City of Modesto 2020-2025 Strategic Plan Area: Governance and Service Delivery: “build community trust in City government through responsive, transparent and efficient service delivery”; Goal J: “build a high-performance organization”.

BACKGROUND:

On January 26, 2021, by Resolution 2021-26, Council approved a Joint Powers Agency (JPA) agreement with Stanislaus County to form the Stanislaus Regional Transit Authority (StanRTA).

On April 6, 2021, by Resolution 2021-114, Council approved an amendment to the JPA agreement with Stanislaus County to form the StanRTA.

As part of the transition and implementation process to form StanRTA, several agreements were put in place to assign responsibility, provide services, and lease facilities between the City and the StanRTA.

On June 22, 2021, by Resolution 2021-252, Council approved the various agreements with StanRTA to transition City transit services to them. #12..
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