Agenda packet — Modesto City Council, September 10, 2024 (part 1 of 6)

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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, September 10, 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:
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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 - 2 -
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https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

Pledge of Allegiance to the Flag
Invocation: Pastor Lance Lowell, Neighborhood Church
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Proclamation declaring September 15th - October 15th as National Hispanic Heritage Month. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597, [email protected]

2. Proclamation declaring September as National Senior Center Month. (Funding Source:

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

MISCELLANEOUS
Legislation, Appointments, Other

3. Consider vacating the appointments of Michelle Buer and Yelitza Pena from the Entertainment Commission. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution vacating the appointments of Michelle Buer and Yelitza Pena from the Entertainment Commission.

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

4. Consider accepting the resignation of Carrie Miller from the Entertainment Commission. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution accepting the resignation of Carrie Miller from the Entertainment Commission.

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

5. Consider accepting the resignation of Lisa Lomas from the Landmark Preservation Commission. (Funding Source: Not Applicable)
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Staff Recommendation:
 Resolution accepting the resignation of Lisa Lomas from the City of Modesto Landmark Preservation Commission.

CED; Jessica Hill, 209-577-5267, [email protected]

6. Consider accepting the resignation of John Bergman from the Housing Rehabilitation Loan Committee. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution accepting the resignation of John Bergman from the Housing Rehabilitation Loan Committee.

CED; Jessica Hill, 209-577-5211, [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.

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

Consent

7. Consider approving the minutes for the August 27, 2024 Joint Council Meeting & Redevelopment Successor Agency Meeting. (Funding Source: Not Applicable) Staff Recommendation:
 Motion approving the minutes for the August 27, 2024 Joint Council Meeting & Redevelopment Successor Agency Meeting.

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

8. Consider appointing a voting delegate to the 2024 League of California Cities Annual - 4 -
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Conference to be held in Long Beach, CA on October 16-18, 2024. (Funding Source:

General Fund)
Staff Recommendation:
 Motion approving Councilmember Williams as a voting delegate and Councilmember Escutia-Braaton as the alternate for the 2024 League of California Cities Annual Conference to be held in Long Beach, CA on October 16-18, 2024.

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

9. Consider approving the recommended budget adjustments to Fiscal Year 2023-24 and 2024-25 Annual Operating and Capital Improvement Program Budgets and amending the Fiscal Year 2024-25 Position Allocation. (Funding Source: Various Funds) Staff Recommendation:
 Resolution amending Fiscal Year 2023-24 and 2024-25 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.  Resolution amending the Position Allocation for Fiscal Year 2024-25 as adopted in the operating budget.
 Resolution amending the classification plan for the City of Modesto to create new classifications and amend existing classifications.

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

10. Consider approving a Third Amendment to an Agreement with Harris & Associates to provide Community Facilities Districts Engineering Services, increasing the Agreement amount by $200,000 through the duration of the Agreement. (Funding Source: Various Community Facilities Districts and Developer Deposits) Staff Recommendation:
 Resolution approving a Third Amendment to an Agreement with Harris & Associates to provide Community Facilities District Engineering Services, increasing the Agreement amount by $200,000 to a new total amount of $550,000; and authorizing the City Manager, or his designee, to execute the Amendment.

CED; Edgar Garcia, 209-577-5211, [email protected] Consent

11. Consider a Resolution of Intention to form City of Modesto Community Facilities District (CFD) No. 2024-2 (Fairview Village #2), an area bounded by Carpenter Road, Whitmore Avenue, and Hatch Road, and to designate certain parcels as future annexation areas for the CFD No. 2024-2. (Funding Source: Developer Deposit) Staff Recommendation:
 Resolution of Intention to form City of Modesto Community Facilities District (CFD) No. 2024-2 (Fairview Village #2), an area bounded by Carpenter Road, Whitmore Avenue, and Hatch Road, and to designate certain parcels as future annexation areas for the CFD No. 2024-2 and Authorize the Levy of Special - 5 -
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Tax within CFD No. 2024-2.

CED; Edgar Garcia, 209-577-5211, [email protected] Consent

12. Consider approving a Will Serve Letter and Outside Service Agreement with Stump Family Land Company, LLC, A California Limited Liability Company, to connect to the City of Modesto’s existing water system for the property located at 1108 Reno Avenue (APN: 029-011-027). (Funding Source: Water Fund) Staff Recommendation:
 Resolution approving a Will Serve Letter and Outside Service Agreement with Stump Family Land Company, LLC a California Limited Liability Company, to connect to the City of Modesto’s existing water system for the property located at 1108 Reno Avenue (APN: 029-011-027) and authorizing the City Manager, or his designee, to the sign the Will Serve Letter and execute the Outside Service Agreement.

ENGINEERING SERVICES; Jaspreet Mangat, 209-577-5253,
[email protected]
Consent

13. Consider approving the Purchasing Agreements for Emergency Vehicle Upfitting Services with Lehr Auto Electric, Sacramento, CA, NextGen Alpha Upfitting, Sacramento, CA, and Jay Tires, Turlock, CA for a total amount not to exceed $6,000,000 over five years. (Funding Source: Fleet Fund) Staff Recommendation:
 Resolution approving the Purchasing Agreements for the purchase of Emergency Vehicle Upfitting Parts and Services with Lehr Auto Electric, Sacramento, CA, NextGen Alpha Upfitting, Sacramento, CA, and Jay Tires, Turlock, CA for a two-year Agreement with three one-year extension options, for an annual combined estimated amount of $1,200,000 and a total amount not to exceed $6,000,000 over five years; and authorizing the Director of Finance to adjust agreement totals between vendors based on contractor’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] Consent

14. Consider approving the Purchasing Agreements for the purchase of Fleet Motor Parts and Services with FleetPride Inc., Modesto, CA, Interstate Truck Center, LLC, Modesto, CA, and Motor Parts Distributors Inc., Modesto, CA for a total amount not to exceed $3,500,000 over five years. (Funding Source: Fleet Fund and Outside Service Agreements)
Staff Recommendation:
 Resolution approving the Purchasing Agreements for the purchase of Fleet Motor Parts and Services with FleetPride Inc., Modesto, CA, Interstate Truck Center, LLC, Modesto, CA, and Motor Parts Distributors Inc., Modesto, CA for a two-year Agreement with three one-year extension options, for an annual - 6 -
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combined estimated amount of $700,000 and a total amount not to exceed $3,500,000 over five years; and authorizing the Director of Finance to adjust agreement totals between vendors based on contractor’s availability and department’s needs, ensuring the combined total amount does not change and authorizing the Director of Finance or her designee to execute the Agreements.

FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent

15. Consider approving the Purchasing Agreements for the purchase of Electrical Parts and Supplies to Platt Electric, Modesto, CA, Wille Electric, Modesto, CA and Consolidated Electric Distributors, Modesto, CA for a total amount not to exceed $1,625,000 over five years. (Funding Source: Various Funds)
Staff Recommendation:
 Resolution approving the Purchasing Agreements for the purchase of Electrical Parts and Supplies to Vantage Electrical Group, Crystal Lake, IL under the authorized distributor Platt Electric, Modesto, CA, by utilizing the Competitive Bidding Process from E&I Cooperative Services, Wille Electric, Modesto CA and Consolidated Electric Distributors, Modesto CA for a two-year Agreement with three one-year extension options, for an annual combined estimated amount of $325,000 and a total amount not to exceed $1,625,000 over five years; and authorizing the Director of Finance to adjust agreement totals between vendors based on contractor’s availability and department’s needs, ensuring the combined total amount does not change and authorizing the Director of Finance or her designee to execute the Agreements.

FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent

16. Consider approving an Agreement with the State of California Office of Emergency Services to temporarily house and maintain a Type 1 Fire Engine and its associated equipment. (Funding Source: General Fund)
Staff Recommendation:
 Resolution approving an Agreement with the State of California Office of Emergency Services to temporarily house and maintain a Type 1 Fire Engine and its associated equipment, and authorizing the City Manager, or his designee, to execute the Agreement.

FIRE DEPARTMENT; Jerardo Avila, 209-572-9590, [email protected] Consent

17. Consider approving a First Amendment to the Cell Tower Site Lease Agreement at the Sutter Avenue Wastewater Treatment Facility with New Cingular Wireless, PCS, LLC, to increase the lease area by an additional 150 square feet and to extend the maximum term of the Agreement through June 24, 2043. (Funding Source: Cell Tower Facility Rental Revenue)
Staff Recommendation:
 Resolution approving a First Amendment to the Cell Tower Site Lease Agreement at the Sutter Avenue Wastewater Treatment Facility with New - 7 -
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Cingular Wireless, PCS, LLC, to increase the lease area by an additional 150 square feet and to extend the maximum term of the Agreement through June 24, 2043, and authorizing the City Manager, or his designee, to execute the agreement.

PRN; Nathan Houx, 209-571-5560, [email protected]
Consent

18. Consider approving the City’s sponsorship of the 2024 International Heritage Festival for $5,080 in in-kind support and a direct monetary contribution of $2,650. (Funding Source: General Fund)
Staff Recommendation:
 Resolution approving the City’s sponsorship of the 2024 International Heritage Festival for $5,080 in in-kind support and a direct monetary contribution of $2,650.

PRN; Diane Sheatsley, 209-577-5418, [email protected] Consent

19. Consider approving an Agreement with Swarco McCain Inc. of Vista, CA for integrating signal performance metrics for the Automated Traffic Signal Performance Measures for a total amount not to exceed $131,670 for a two-year agreement, with five one-year extension options. (Funding Source: Congestion Mitigation and Air Quality)
Staff Recommendation:
 Resolution approving the Award of Proposal and Agreement for the Automated Traffic Signal Performance Measures with Swarco McCain Inc. of Vista, CA for a two-year Agreement, with five one-year extension options, in the amount of $119,700 plus $11,970 in additional services, for a total amount not to exceed $131,670 and authorizing the City Manager, or his designee, to execute the Agreement.

PUBLIC WORKS; Max Navarro, 209-571-5116, [email protected] Consent

20. Consider approving an Agreement with Streetlight Data Inc. of San Francisco CA, for Travel Time Bluetooth Data Services for collecting and observing vehicle circulation around Modesto for a total amount not to exceed $140,000 over four years. (Funding Source: Congestion Mitigation and Air Quality)
Staff Recommendation:
 Resolution approving an Agreement with Streetlight Data Inc. of San Francisco, CA, by utilizing the Competitive Bid Process with National Intergovernmental Purchasing Alliance (National IPA), SCAG, for the Travel Time Bluetooth Data, for a four-year agreement not to exceed $140,000 and authorizing the City Manager, or his designee, to execute the Agreement.

PUBLIC WORKS; Max Navarro, 209-571-5116, [email protected] - 8 -
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COUNCIL COMMENTS & REPORTS

CITY MANAGER COMMENTS & REPORTS

UNFINISHED BUSINESS

21. Consider approving the Plans and Specifications for César E. Chávez Park Renovation Project, accepting the Bid and Awarding a Construction Contract to Harris Builders, Inc. of Hilmar, CA., in the amount of $14,130,993 authorizing $847,860 for contingency (if needed), for a total payment amount not to exceed $14,978,853. (Funding Source: CA Statewide Parks Grant (Prop 68), American Rescue Plan Act (ARPA), Measure H, Parks Capital Facility Funds (CFF)))  Resolution approving the Plans and Specifications for the César E. Chávez Park Renovation Project, accepting the Bid and Awarding a Construction Contract to Harris Builders, Inc., of Hilmar, CA, in the amount of $14,130,993, authorizing $847,860, in contingency (if needed), for a total payment amount not to exceed $14,978,853 and authorizing the City Manager, or his designee, to execute the Agreement.
 Resolution approving an agreement with TRC Engineering, Inc, of Lathrop, CA, for Construction Management and Inspection Services for the César E.

Chávez Park Renovation in the amount of $837,014, plus $80,097 in additional services, if needed, for a total amount not to exceed $917,111 and authorizing the City Manager, or his designee, to execute the Agreement.  Resolution approving the City’s Pandemic Recovery Strategy, Modesto Forward, for the reallocation of American Rescue Plan Act Funds for the César E. Chávez Park Renovation Project and authorizing the City Manager, or his designee, to carry out the necessary steps to implement the programs and funding allocation.
 Resolution amending the Fiscal Year 2024-25 Capital Improvement Program budget to fund Project #101276 (Chavez Park Renovation) in an amount not to exceed $2,100,000 in transfers, revenue, and to budget expenditures to fund the project, and authorizing the City Manager, or his designee, to implement the provisions of this resolution.

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

HEARINGS
Published in the Modesto Bee on August 30, 2024. - Item requested to be continued to September 24, 2024.

22. Hearing to consider establishing City of Modesto Community Facilities District (CFD) No. 2024-1 (Tivoli), authorizing the levy of special taxes therein, and establishing an annual appropriations limit; calling a special election; and declaring the results of the September 10, 2024 special election. (Funding Source: Special Taxes generated by CFD No. 2024-1)
Staff Recommendation:
 Motion to continue item to September 24, 2024.
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CED; Edgar Garcia, 209-577-5211, [email protected] Published in the Modesto Bee on August 30, 2024

23. Hearing to consider approving the application and issuance of a Permit to operate as a Non-Emergency Medical Transport Company to Trauma Life Care Medical Transport 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 Trauma Life Care Medical Transport in the City of Modesto.

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

NEW BUSINESS

24. Consider approving a Letter of Intent between the United Soccer Leagues, LLC and the City of Modesto to establish an exclusive negotiating period for the exploration of a League expansion into the City, and authorizing the City Manager, or his designee, to execute the Letter. (Funding Source: General Fund)
Staff Recommendation:
 Resolution approving a Letter of Intent between the United Soccer Leagues, LLC and the City of Modesto and authorizing the City Manager, or his designee, to execute the Letter.

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

25. Consider accepting a Central Valley Regional Water Quality Control Board settlement offer in the amount of $325,000 to resolve violations of water quality laws by funding a Supplemental Environmental Project related to the Dignity Village Bridge Housing Project Located at 402 9th Street and authorizing the City to negotiate and execute a Memorandum of Understanding with the County of Stanislaus for the delivery of the Supplemental Environmental Project. (Funding Source: Wastewater Funds) Staff Recommendation:
 Resolution accepting a Central Valley Regional Water Quality Control Board settlement offer in the amount of $325,000 to resolve violations of water quality laws by funding a Supplemental Environmental Project and authorizing the City Manager, or his designee, to negotiate and execute a Memorandum of Understanding with the County of Stanislaus to carry out the scope of work outlined within the Supplemental Environmental Project.

UTILITIES; William Wong, 209-571-5801, [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, SEPTEMBER 10, 2024 AT 4:30 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 – EXISTING LITIGATION
Four Cases (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: City of Modesto, et al. v. The Dow Chemical Company, et al. (PCE)
Superior Court of the State of California
Case No: CGC-98-999345 and CGC-98-999643
City of Camden, et al. v. Tyco Fire Products LP,
U.S. District Court for the District of South Carolina
Case No.: 2:24-cv-02321-RMG
City of Camden, et al. v. BASF Corportation,
individually and as successor in interest to Ciba Inc.

U.S. District Court for the District of South Carolina
Case No.: 2:24-cv-03174-RMG
City of Modesto v. Kimberly Soranno
Superior Court of California, County of Stanislaus
Case No.: CV-22-002099
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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09/10/2024/CED/TBarber/2024-XXX
1 CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

September 10, 2024
Date: August 13, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Vacating the appointments of Michelle Buer and Yelitza Pena from Entertainment Commission
CONTACT: Trevin Barber, Economic Development Manager
[email protected], 209-860-1251
DESCRIPTION:

Consider vacating the appointments of Michelle Buer and Yelitza Pena from the Entertainment Commission. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

This item supports the City Council’s Goal A - Improve Community Safety.

BACKGROUND:

In support of the Entertainment Commission was established to oversee the entertainment permit process, including dance and processing of special event requests within the City of Modesto.

DISCUSSION:

On July 11, 2023, by Resolution No 2023-324, Michelle Buer and Yelitza Pena were appointed to the Entertainment Commission with a term expiration date of June 30, 2027. Both of these seats are designated as the Alternate Non-Permit Holder.

On April 25, 2024, City staff conducted an assessment on attendance and confirmed that Commissioner Buer and Commissioner Pena have not attended any meetings since their appointments. The Entertainment Commission meets on the first and third Thursday, of each month. Since their appointments in July 2023, there have been (10) ten meetings held.

According to the Entertainment Commission Bylaws1 all members are required to attend every meeting unless they provide an “excused absence.” Additionally, members are allowed no more than three (3) consecutive unexcused absences or five (5) or more regular meetings.

Given the consecutive unexcused absences, Commissioner Buer’s and Commissioner Pena’s seats are eligible to be vacated. City staff have attempted to reach out to Commissioner Buer 1 Rules and Regulations (modestogov.com)
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Vacating the appointment of Michelle Buer and Yelitza Pena from Entertainment Commission

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and Commissioner Pena to offer them the opportunity to complete the resignation form and formally resign. Staff have not received a response from either commissioner, and they have not submitted the resignation form.

FISCAL IMPACT:

There is no fiscal impact related to this action.

COMMITTEE RECOMMENDATION:

Resignations are brought directly to City Council, no prior committee action was taken.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution vacating the appointments of Michelle Buer and Yelitza Pena from the Entertainment Commission.

Approved by:

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

1. Resolution

2. Attendance Spreadsheet

3. Entertainment Commission Bylaws
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2024-?

RESOLUTION VACATING THE APPOINTMENTS OF MICHELLE BUER

AND YELITZA PENA FROM THE ENTERTAINMENT COMMISSION
WHEREAS, the Entertainment Commission was established to oversee the entertainment permit process, including dance and processing of special event requests within the City of Modesto, and
WHEREAS, on July 11, 2023, by Resolution No. 2023-324, Michelle Buer and Yelitza Pena were appointed to the Entertainment Commission with a term expiration date of June 30, 2027, and
WHEREAS, Michelle Buer and Yelitza Pena have not attended any Entertainment Commission meetings since being appointed, and
WHEREAS, Section 8.2 of the Entertainment Commission bylaws1state that unexcused absences of three (3) consecutive regular meetings or five (5) or more regular meetings in a twelve (12) month period shall result in the position being vacated, and
WHEREAS, City staff reached out to Commissioner Buer and Commissioner Pena on April 25, 2024, to notify her of the consecutive absences and to offer the opportunity to submit a resignation, and
WHEREAS, Commissioner Buer and Commissioner Pena have not tendered their resignation or been responsive to staff.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Modesto hereby vacates the appointments of Michelle Buer and Yelitza Pena from the 1 Rules and Regulations (modestogov.com)
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2 Entertainment Commission with regret.
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3 The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 10th day of September, 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,
CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:

BY:

JOSE M. SANCHEZ, City Attorney
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Commissioner 2/15/2024 3/7/2024 3/21/2024 4/4/2024 4/18/2024 5/2/2024 5/16/2024 6/6/2024 6/20/2024 7/4/2024 7/18/2024 8/1/2024 8/15/2024 Yelitza Pena No Response No Response No Response No Response No Response Cancelled Cancelled No Response No Response Cancelled Cancelled No Response No Response Carrie Miller No Response No Response No Response No Response No Response Cancelled Cancelled No Response No Response Cancelled Cancelled No Response No Response Commissioner 2/15/2024 3/7/2024 3/21/2024 4/4/2024 4/18/2024 5/2/2024 5/16/2024 6/6/2024 6/20/2024 7/4/2024 7/18/2024 8/1/2024 8/15/2024 Yelitza Pena No Attendance No Attendance No Attendance No Attendance No Attendance Cancelled Cancelled No Attendance No Attendance Cancelled Cancelled No Attendance No Attendance Carrie Miller No Attendance No Attendance No Attendance No Attendance No Attendance Cancelled Cancelled No Attendance No Attendance Cancelled Cancelled No Attendance No Attendance Calendar year 2023 meetings were cancelled due to lack of quorum.

Meetings resumed in February of 2024, record reflects attendance for active meetings in 2024. #3..
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1 Rules and Procedures
Of the
Entertainment Commission
Article I
Organization
Section 1.1 Establishment. The Entertainment Commission of the City of Modesto, hereafter called “The Commission”, is established pursuant to the provisions of Chapter I of Title X of the Modesto Municipal Code.

Article II
Powers and Duties
Section 2.1 Enumerated. The Commission shall have the following powers and duties:
a. Perform all of the functions assigned to the Entertainment Commission by the City of Modesto, insofar as they are not inconsistent with the provisions of the Charter of the City of Modesto.
b. Review and render decision on applications for an Entertainment Establishment Permit or Special Event Permit.
c. Approve or disapprove punitive actions on violations of the Entertainment Ordinance and/or Permit.
d. Place conditions and modifications on any Entertainment Establishment Permit or Special Event Permit prior to approval. e. Suspend, revoke and deny Entertainment Establishment Permit or Special Event Permit.
f. Conduct appeal hearing regarding imposition of fines and/or penalties and may affirm, modify, or suspend the imposition of such fines and penalties.
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2 g. Coordinate with relevant City departments any inspection or investigation regarding the Entertainment Establishment Permit or Special Event Permit.
h. Periodically review the Entertainment Establishment Ordinance and recommend needed changes to the City Council.

Article III
Number of Commissioners
Section 3.1 Number. The authorized number of Commissioners shall be seven (7). Each application for membership to the Commission shall be reviewed by the Safety and Communities Committee prior to being forwarded to City Council for appointment. In addition, there shall be a City staff person assigned as the Permit Administrator to the Commission.

Section 3.2 Alternates. In addition to the seven (7) Commissioners, the City Council shall also appoint two (2) alternates to step in to serve, on a rotating basis, when a Commissioner is absent. The alternate shall serve a term of four (4) years.

Section 3.3. Member Composition. Membership composition for the Entertainment Commission shall be: one (1) business permit holder, one (1) non-profit/special event permit holder, two (2) representatives from the Board of Directors of an economic/tourist establishment that promotes Modesto (such as the Modesto Convention and Visitors Bureau or the Downtown Improvement District), two (2) at-large citizens (non-permit holders), one (1) Culture Commission member, and two (2) alternates to be non-permit holders.

Article IV
Designated Commissioners
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3 Section 4.1 Designation. Seven (7) of the Commissioners shall be designated as holding office for four (4) year terms. The Commissioners shall serve at the pleasure of the City Council and shall serve until a successor has been designated and qualified. No person shall serve more than two (2) consecutive terms as a Commissioner. Commission Members are eligible for reappointment to the Commission after a two (2) year absence.

Section 4.2 Initial Term. For purposes of staggering the terms of the Commissioners, the initial appointment shall have terms as follows: three (3) Commissioners shall have initial terms of four (4) years, two (2) Commissioners shall have initial terms of three (3) years, and two (2) Commissioners shall have initial terms of two (2) years. One alternate shall have an initial term of two (2) years and another alternate shall have an initial term of three (3) years. All terms of the initial appointees to the Commission shall be one alternate shall serve for a two (2) year period and one alternate shall server for a three (3) year term as the initial one deemed to commence upon the same date, which shall be the date upon which the last of the seven (7) initial appointees assumes office. Thereafter, all appointments and reappointments shall be for a term of four (4) years.

Article V
Effective Date
Section 5.1 Effective Date. Aside from the initial term and vacancies, the term of office shall be effective as of the 1st of January. Serving any portion of an unexpired term shall not be counted as service of one term. Members not eligible for reappointment may continue to serve until their successors are appointed and meet all of the qualifications outlined in Sections 9 and 10.

Article VI
Term of Office
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4 Section 6.1 Service. The term of office for the Commissioners will be set to coincide with the term as described in Sections 4.1 and 4.2. Each member’s term shall terminate on December 31 of his or her respective year.

Article VII
Compensation
Section 7.1 Pay. The members of the Commission shall receive no compensation for the performance of their official duties.

Article VIII
Vacancy Appointments
Section 8.1 Appointments. Appointments to fill vacancies on the Commission shall be handled in the same manner as original appointments. When a vacancy occurs during a term, the appointment to fill such a vacancy shall be for the unexpired portion of the term. Appointments shall be made in a timely manner.

Section 8.2 Vacancy on Board.
a. Resignation – The resignation or death of any Commissioner. b. Attendance – Unexcused absence from three (3) consecutive regular meetings or five (5) or more regular meetings in a twelve (12) month period shall result in the position being vacated. Excused absences shall include illness, medical reasons, work related conflicts, and jury duty which shall be authorized provided that notification is given to the appropriate staff member by telephone, facsimile, mail or email at least 48 hours prior to such absence. In addition, attendance shall be recorded in the minutes of monthly meetings, and such minutes shall be transmitted to the Commissioners at the Commission meeting. c. Qualifications – The Commissioner no longer meets the qualifications set forth in Sections 9 and 10.
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5 Article IX
Qualifications
Section 9.1 Qualifications. Commissioners shall be chosen without discrimination on the basis of race, sex, sexual preference, color, religion, age, national origin, income, marital status or handicap. Commissioners are required to complete and file Form 700 with the City Clerk’s Office annually. Additionally, Commissioners shall at all times comply with all applicable conflict of interest laws.

Article X
Residency
Section 10.1 Residency. The members of the Commission shall reside in the City of Modesto at the time of appointment and must maintain residence within the City limits throughout their term(s).

Article XI
Meetings
Section 11.1 Meetings. Regular meetings of the Commission shall be held twice a month, unless cancelled. Special meetings of the Commission may be held at any time by the Chair of the Commission or by a majority of the Commissioners.

The time for regular meetings and special meetings of this Commission shall be provided for by Commission resolution or, if none, by the Chair. All meetings shall be held at 1010 10th Street, City Hall in a room to be scheduled by the facilitating department.

Section 11.2 Notice. Written notice of the time and place of any regular or special meeting of the Entertainment Commission shall be delivered personally to each voting member of the respective body, or sent to each voting member by mail or other form or written delivery, charges prepaid, addressed to him or her at #3..
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6 his or her address as it is shown in the corporate records, or by fax or email, sent to him or her at the fax or email address shown in the corporate records. Any such notice shall be mailed, delivered, faxed or emailed at least seventy-two (72) hours before the date of a regular meeting, and at least twenty-four (24) hours before the time of a special meeting.

Article XII
Brown Act Compliance
Section 12.1 Compliance. All meetings of the Commission, or any other committee of the Commission, shall be held in conformity with the Brown Act, found at Government Code §54950 et seq. Accordingly, any and all meetings of the Commission and the Commission’s committees to which the Brown Act applies, shall be open and public.
a. “Meeting” Defined. A “meeting” under the provisions of the Brown Act includes any congregation of a majority of the members of the Commission, or any other committee of the Commission to which the Brown Act applies, at the same time and place to hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of any such body or the local agencies to which it pertains. b. Notice. Where required by the Brown Act, the Commissioners shall:
i. Cause mailed notice of any regular meeting to be sent at least seventy-two (72) hours prior to the date set for the meeting to any and all persons who have filed a written request for that notice with the Commissioners.
ii. Cause mailed notice of any special meeting to be given as deemed practical, provided it otherwise complies with Brown Act requirements, where the special meeting is called less than seventy-two (72) hours prior to the date set for the meeting to any and all persons who have filed a written request for that notice with the Commissioners.
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7 iii. Cause notice of any special meeting of the Commissions to be personally delivered or mailed to each local newspaper of general circulation, radio or television station requesting notice in writing, said notice, stating time, place and business to be transacted, to be received at least twenty-four (24) hours before the time of the meeting as specified in the notice.
iv. Cause notice of the date, time and location of any regular meeting, and an agenda containing a brief general
description of each item of business to be transacted or discussed at the meeting, to be posted at least seventy-two (72) hours prior to the meeting in a location that is freely accessible to members of the public; and
v. Cause notice of the date, time, and location of any special meeting to be posted at least twenty-four (24) hours prior to the special meeting in a location that is freely accessible to members of the public.
c. Agenda. Every meeting agenda mailed or posted shall provide an opportunity for members of the public to directly address the Commissioners on any item of interest to the public, before or during consideration of the item.
d. Adjournment. Where a meeting is adjourned, the time and place to which it is adjourned shall be announced at the time of adjournment, and the time and place so announced shall be conspicuously posted on or near the door of the place where the regular, adjourned regular, special or adjourned special meeting was held within twenty-four (24) hours after the time of adjournment. Written notice of said adjournment shall be given in the same manner as provided for special meetings under Article 5, §C2, subsections b, c and e of these bylaws. Where a regular meeting or adjourned regular meeting is adjourned, the resulting adjourned meeting is a regular meeting for all purposes, including notice.
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8 e. Cancellation of Scheduled Meetings. The Chair may cancel any scheduled meeting when in his/her opinion there is no policy matter requiring a full Commission meeting, or due to lack of quorum.

Article XIII
Meeting Quorum
Section 13.1 Quorum.
a. Meetings of the Commission. At least half of the whole number of Commissioners appointed and seated on the Commission shall constitute a quorum for the transaction of business by the Commission of the organization and every act or decision of a majority of the seated Commissioners present at a meeting at which at least a quorum is present, made or done when duly assembled, shall be valid as the act of the Commission. A majority of those present at the time and place of any stated or special meeting, although less than a quorum, may adjourn without further notice. When a quorum shall attend, any business may be transacted that might have been transacted at the meeting had the same been held on the day which the same was originally appointed or called. Should a meeting be held with less than a quorum present, any business transacted thereat may be advisory only and not valid as an act of the Commission. Every voting member or member of the Commission shall have one vote for the transaction of business of the corporation, and the use of proxy votes is prohibited. b. Conduct of Meeting. The Chair of the Commission, or in his or her absence, the Vice-Chair, or in the absence of the Vice-Chair, a chairperson elected by the Commissioners present, shall call the meeting to order, and shall act as the presiding officer thereof. c. Minutes. The Permit Administrator or his/her designee shall cause the minutes of all meetings to be recorded, and in his or her absence, the presiding officer may appoint any person to act as recorder. These minutes shall be promptly mailed to each member of the Commission #3..
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9 having met, and to each member of the Commission, and a copy shall be filed in the appropriate office in the City of Modesto.

Article XIV
Procedures, Powers, Duties
and Staff
Section 14.1 Designated. The provisions of the Municipal Code of the City of Modesto pertaining to procedures, powers, duties, and staff shall prevail. The Permit Administrator or his/her designee shall serve as the Secretary to the Commission. The Secretary shall keep a written record of all business transacted by the Commission, notify Commission members of meetings, and keep the official records of the Commission.

Article XV
Rules of Order
Section 15.1 Rules. All meetings of the Commission shall be conducted in accordance with the Roberts Rules of Order and any applicable rules, procedures and policies adopted by the Commission. These rules, procedures and policies can be amended from time to time by the Commission as necessary. #3..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

September 10, 2024
Date: August 13, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Resignation of Carrie Miller from Entertainment Commission CONTACT: Trevin Barber, Economic Development Manager
[email protected], 209-860-1251
DESCRIPTION:

Consider accepting the resignation of Carrie Miller from the Entertainment Commission. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

This item supports the City Council’s Goal A - Improve Community Safety.

BACKGROUND:

In support of the Entertainment Commission was established to oversee the entertainment permit process, including dance and processing of special event requests within the City of Modesto. The seat is delegated as Alternate Non-Permit Holder.

DISCUSSION:

On June 06, 2023, by Resolution No 2023-244, Carrie Miller was appointed to the Entertainment Commission with a term expiration date of June 30, 2027. On April 25, 2024, Carrie Miller formally resigned from the Entertainment Commission.

FISCAL IMPACT:

There is no fiscal impact related to this action.

COMMITTEE RECOMMENDATION:

Resignations are brought directly to City Council, no prior committee action was taken.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting the resignation of Carrie Miller from the Entertainment Commission. #4..
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City Council, September 10, 2024
Resignation of Carrie Miller from Entertainment Commission

Page 2 of 2 ends

Approved by:

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

1. Resolution

2. Carrie Miller_Resignation – redacted

3. Entertainment Commission Bylaws
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09/10/2024/CED/TBarber/ 1 2024-XXX

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-?

RESOLUTION ACCEPTING THE RESIGNATION OF CARRIE MILLER

FROM THE ENTERTAINMENT COMMISSION
WHEREAS, the Entertainment Commission was established to oversee the entertainment permit process, including dance and processing of special event requests within the City of Modesto, and
WHEREAS, on June 06, 2023, by Resolution No 2023-244, Carrie Miller was appointed to serve as a member of the Entertainment Commission with a term expiration date of June 30, 2027, and
WHEREAS, Carrie Miller has tendered her resignation from the Entertainment Commission effective April, 25, 2024.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Modesto hereby accepts the resignation of Carrie Miller from the Entertainment Commission with regret.
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09/10/2024/CED/TBarber/ 2 2024-XXX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 10th day of September, 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,
CMC,City Clerk
(SEAL)
APPROVED AS TO FORM:

BY:

JOSE M. SANCHEZ, City Attorney
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Submission ID: c9acdf7b-50a8-4a05-9d6f-042d6810d760 Page 1/1 Citizen's Advisory Group Letter of Resignation Submittal 04/25/2024 7:29 PM (PDT)
Citizen Advisory Group Letter of Resignation
Title II Compliance
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.

Name Carrie Miller
Phone Number
Email Address
Mailing Address
City Modesto
State CA
Zip Code 95358
Which Citizen Advisory Group
are you resigning from?
Entertainment Commission
Why do you want to resign from
this Citizen Advisory Group?
I am no longer needed in this group and I do not have the time to dedicate towards it or the meetings.

Signature
Thank you for providing this information. After clicking ‘Submit’ you will receive a Submission ID number that can be retained for future reference.

You will be updated by our staff, if necessary, as your resignation form is processed.

Have a great day!
#4..
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1 Rules and Procedures
Of the
Entertainment Commission
Article I
Organization
Section 1.1 Establishment. The Entertainment Commission of the City of Modesto, hereafter called “The Commission”, is established pursuant to the provisions of Chapter I of Title X of the Modesto Municipal Code.

Article II
Powers and Duties
Section 2.1 Enumerated. The Commission shall have the following powers and duties:
a. Perform all of the functions assigned to the Entertainment Commission by the City of Modesto, insofar as they are not inconsistent with the provisions of the Charter of the City of Modesto.
b. Review and render decision on applications for an Entertainment Establishment Permit or Special Event Permit.
c. Approve or disapprove punitive actions on violations of the Entertainment Ordinance and/or Permit.
d. Place conditions and modifications on any Entertainment Establishment Permit or Special Event Permit prior to approval. e. Suspend, revoke and deny Entertainment Establishment Permit or Special Event Permit.
f. Conduct appeal hearing regarding imposition of fines and/or penalties and may affirm, modify, or suspend the imposition of such fines and penalties.
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2 g. Coordinate with relevant City departments any inspection or investigation regarding the Entertainment Establishment Permit or Special Event Permit.
h. Periodically review the Entertainment Establishment Ordinance and recommend needed changes to the City Council.

Article IV
Designated Commissioners
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3 Section 4.1 Designation. Seven (7) of the Commissioners shall be designated as holding office for four (4) year terms. The Commissioners shall serve at the pleasure of the City Council and shall serve until a successor has been designated and qualified. No person shall serve more than two (2) consecutive terms as a Commissioner. Commission Members are eligible for reappointment to the Commission after a two (2) year absence.

Article VI
Term of Office
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4 Section 6.1 Service. The term of office for the Commissioners will be set to coincide with the term as described in Sections 4.1 and 4.2. Each member’s term shall terminate on December 31 of his or her respective year.

Article VII
Compensation
Section 7.1 Pay. The members of the Commission shall receive no compensation for the performance of their official duties.

Section 8.2 Vacancy on Board.
a. Resignation – The resignation or death of any Commissioner. b. Attendance – Unexcused absence from three (3) consecutive regular meetings or five (5) or more regular meetings in a twelve (12) month period shall result in the position being vacated. Excused absences shall include illness, medical reasons, work related conflicts, and jury duty which shall be authorized provided that notification is given to the appropriate staff member by telephone, facsimile, mail or email at least 48 hours prior to such absence. In addition, attendance shall be recorded in the minutes of monthly meetings, and such minutes shall be transmitted to the Commissioners at the Commission meeting. c. Qualifications – The Commissioner no longer meets the qualifications set forth in Sections 9 and 10.
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5 Article IX
Qualifications
Section 9.1 Qualifications. Commissioners shall be chosen without discrimination on the basis of race, sex, sexual preference, color, religion, age, national origin, income, marital status or handicap. Commissioners are required to complete and file Form 700 with the City Clerk’s Office annually. Additionally, Commissioners shall at all times comply with all applicable conflict of interest laws.

Section 11.2 Notice. Written notice of the time and place of any regular or special meeting of the Entertainment Commission shall be delivered personally to each voting member of the respective body, or sent to each voting member by mail or other form or written delivery, charges prepaid, addressed to him or her at #4..
- 36 -
6 his or her address as it is shown in the corporate records, or by fax or email, sent to him or her at the fax or email address shown in the corporate records. Any such notice shall be mailed, delivered, faxed or emailed at least seventy-two (72) hours before the date of a regular meeting, and at least twenty-four (24) hours before the time of a special meeting.

Article XII
Brown Act Compliance
Section 12.1 Compliance. All meetings of the Commission, or any other committee of the Commission, shall be held in conformity with the Brown Act, found at Government Code §54950 et seq. Accordingly, any and all meetings of the Commission and the Commission’s committees to which the Brown Act applies, shall be open and public.
a. “Meeting” Defined. A “meeting” under the provisions of the Brown Act includes any congregation of a majority of the members of the Commission, or any other committee of the Commission to which the Brown Act applies, at the same time and place to hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of any such body or the local agencies to which it pertains. b. Notice. Where required by the Brown Act, the Commissioners shall:
i. Cause mailed notice of any regular meeting to be sent at least seventy-two (72) hours prior to the date set for the meeting to any and all persons who have filed a written request for that notice with the Commissioners.
ii. Cause mailed notice of any special meeting to be given as deemed practical, provided it otherwise complies with Brown Act requirements, where the special meeting is called less than seventy-two (72) hours prior to the date set for the meeting to any and all persons who have filed a written request for that notice with the Commissioners.
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7 iii. Cause notice of any special meeting of the Commissions to be personally delivered or mailed to each local newspaper of general circulation, radio or television station requesting notice in writing, said notice, stating time, place and business to be transacted, to be received at least twenty-four (24) hours before the time of the meeting as specified in the notice.
iv. Cause notice of the date, time and location of any regular meeting, and an agenda containing a brief general
description of each item of business to be transacted or discussed at the meeting, to be posted at least seventy-two (72) hours prior to the meeting in a location that is freely accessible to members of the public; and
v. Cause notice of the date, time, and location of any special meeting to be posted at least twenty-four (24) hours prior to the special meeting in a location that is freely accessible to members of the public.
c. Agenda. Every meeting agenda mailed or posted shall provide an opportunity for members of the public to directly address the Commissioners on any item of interest to the public, before or during consideration of the item.
d. Adjournment. Where a meeting is adjourned, the time and place to which it is adjourned shall be announced at the time of adjournment, and the time and place so announced shall be conspicuously posted on or near the door of the place where the regular, adjourned regular, special or adjourned special meeting was held within twenty-four (24) hours after the time of adjournment. Written notice of said adjournment shall be given in the same manner as provided for special meetings under Article 5, §C2, subsections b, c and e of these bylaws. Where a regular meeting or adjourned regular meeting is adjourned, the resulting adjourned meeting is a regular meeting for all purposes, including notice.
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8 e. Cancellation of Scheduled Meetings. The Chair may cancel any scheduled meeting when in his/her opinion there is no policy matter requiring a full Commission meeting, or due to lack of quorum.

Article XIII
Meeting Quorum
Section 13.1 Quorum.
a. Meetings of the Commission. At least half of the whole number of Commissioners appointed and seated on the Commission shall constitute a quorum for the transaction of business by the Commission of the organization and every act or decision of a majority of the seated Commissioners present at a meeting at which at least a quorum is present, made or done when duly assembled, shall be valid as the act of the Commission. A majority of those present at the time and place of any stated or special meeting, although less than a quorum, may adjourn without further notice. When a quorum shall attend, any business may be transacted that might have been transacted at the meeting had the same been held on the day which the same was originally appointed or called. Should a meeting be held with less than a quorum present, any business transacted thereat may be advisory only and not valid as an act of the Commission. Every voting member or member of the Commission shall have one vote for the transaction of business of the corporation, and the use of proxy votes is prohibited. b. Conduct of Meeting. The Chair of the Commission, or in his or her absence, the Vice-Chair, or in the absence of the Vice-Chair, a chairperson elected by the Commissioners present, shall call the meeting to order, and shall act as the presiding officer thereof. c. Minutes. The Permit Administrator or his/her designee shall cause the minutes of all meetings to be recorded, and in his or her absence, the presiding officer may appoint any person to act as recorder. These minutes shall be promptly mailed to each member of the Commission #4..
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9 having met, and to each member of the Commission, and a copy shall be filed in the appropriate office in the City of Modesto.

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

September 10, 2024
Date: August 8, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Community and Economic Development
SUBJECT: Landmark Preservation Commission Resignation
CONTACT: Jessica Hill, Director of Community and Economic Development [email protected], 209-577-5267
DESCRIPTION:

Consider accepting the resignation of Lisa Lomas from the Landmark Preservation Commission. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

This action supports the City’s Strategic Commitment, “Build Community trust in City Government through Responsive, Transparent and Efficient Service Delivery. Goal I. Promote Trust and Engagement between the Community and the City”.

BACKGROUND:

The Modesto Landmark Preservation Commission (LPC) serves as an advisory group to the City Council on matters related to City designated landmarks. Seven (7) members are appointed by the City Council for a four (4)-year term, starting January 1st and ending December 31st.

Section 11021 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards and Commissions with the recommendation of the City’s Appointments Committee.

DISCUSSION:

On December 1, 2020, by Resolution No 2020-494, Lisa Lomas was appointed to the Landmark Preservation Commission with a term expiration date of December 31, 2024. On August 6, 2024, Lisa Lomas formally resigned from the Landmark Preservation Commission.

FISCAL IMPACT:

There is no fiscal impact related to this action.

COMMITTEE RECOMMENDATION:

This item did not go to committee.
1 https://library.municode.com/ca/modesto/codes/code_of_ordinances?nodeId=CHTR_ARTXIAPBOCO_S1102APTE #5..
- 41 -
City Council. September 10, 2024
Landmark Preservation Commission Resignation

Page 2 of 2 ends

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting the resignation of Lisa Lomas from the City of Modesto Landmark Preservation Commission.

Approved by:

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

1. Lisa Lomas_Resignation-Reso

2. Lisa_Resignation Redacted

3. Landmark Preservation Bylaws
#5..
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1 2024- 20

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX

RESOLUTION ACCEPTING THE RESIGNATION OF LISA LOMAS

FROM THE CITY OF MODESTO LANDMARK PRESERVATION

COMMISSION
WHEREAS, the Landmark Preservation Commission was established to advise City Council on matters related to historic structures and other resources in addition to policies and practices pertaining to preservation of Modesto'slandmarks, and
WHEREAS, on December 1, 2020, by Resolution No. 2020-494, Lisa Lomas was appointed to serve as a member of the Landmark Preservation Commission with a term expiration date of December 31, 2024, and
WHEREAS, Lisa Lomas has tendered her resignation from the Landmark Preservation Commission effective August 6, 2024.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Modesto hereby accepts the resignation of Lisa Lomas from the City of Modesto Landmark Preservation Commission with regret.
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2 2024- 20
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 10th day of September 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, CMC, City
Clerk
(SEAL)
APPROVED AS TO FORM:

BY:

JOSE M. SANCHEZ, City Attorney
#5..
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Submission ID: da1d544a-bcf6-481b-9fca-226fe2dcfc19 Page 1/1 Citizen's Advisory Group Letter of Resignation Submittal 08/06/2024 1:56 PM (PDT)
Citizen Advisory Group Letter of Resignation
Title II Compliance
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.

Name Lisa
Phone Number
Email Address
Mailing Address
City Modesto
State Ca
Zip Code 95355
Which Citizen Advisory Group are
you resigning from?
Landmark Preservation Commission
Why do you want to resign from
this Citizen Advisory Group?
Personal reasons
Signature
Thank you for providing this information. After clicking ‘Submit’ you will receive a Submission ID number that can be retained for future reference.

You will be updated by our staff, if necessary, as your resignation form is processed.

Have a great day!
#5..
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Rules and Regulations of
Landmark Preservation Commission
City of Modesto
February 27, 2017
1 RULES AND REGULATIONS
Of

LANDMARK PRESERVATION COMMISSION OF CITY OF MODESTO
ARTICLE I.

ORGANIZATION
Section 1.1 Establishment. The Landmark Preservation Commission of the City of Modesto, hereafter called “The Commission”, is established pursuant to the provisions of Chapter 10 of Title IX of the Modesto Municipal Code.

ARTICLE II.

POWERS AND DUTIES
Section 2.1 Enumerated. The Commission shall have the powers and duties as noted in Chapter 10 of Title IX and as contained in its enabling Ordinance No. 2619-CS and all subsequent ordinances amending Chapter 10 of Title IX.

ARTICLE III.

MEETINGS
Section 3.1 Regular Meetings. The regular meetings of the Commission shall be held at 1:00 p.m. on the third Monday of each calendar month. If a regular meeting day falls on a holiday as defined by the Government Code of the State of California, the meeting shall be held on the following Monday. If the following Monday falls on a holiday, the meeting shall be held on the next business day after the following Monday.

If all members are absent from any regular or adjourned meeting, the Secretary may declare the meeting adjourned to a stated time and place. If the Secretary does so, the Secretary shall cause written notice of the adjournment to be given in the same manner provided for special meetings.

Whenever a regular or adjourned regular meeting is adjourned as provided in this section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting shall be held, it shall be held at the hour specified for the regular meeting which was adjourned.

Section 3.2 Special Meetings. A special meeting may be called at any time by the Chairperson of the Commission whenever, in the Chairperson’s opinion, the public business may require it, or upon the written request of two (2) members of the Commission. Whenever a special meeting shall be called, written notice of such meeting shall be delivered personally or by mail by the office of the Secretary of the Commission to each member of the Commission #5..
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Rules and Regulations of
Landmark Preservation Commission
City of Modesto
February 27, 2017
2 and to each local newspaper of general circulation, radio or television station requesting notice in writing.

Such notice must be delivered at least twenty-four (24) hours before the time of such meeting as specified in the notice. The notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings by the Commission. The written notice may be dispensed with as to any member of the Commission who, at or prior to the time the meeting convenes, files with the Secretary a written notice of waiver. The written notice may also be dispensed with as to any member who is actually present at the meeting at the time it is convened.

Section 3.3 Place of Meetings. All meetings shall be held in the official Council Chamber of the City of Modesto or in such other location of the City as may be designated by the Landmark Preservation Commission.

Section 3.4 Quorum. A majority of the members of the Commission (four members of seven) shall constitute a quorum for the transaction of business, but fewer members than a quorum may adjourn from time to time.

Section 3.5 Meetings to be Public. All meetings of the Commission shall be open to the public.

Section 3.6 Seating and Roll Call Vote. Each quarter, the Chair may establish the order of seating of members. A roll call vote shall be taken upon the passage of all resolutions and be entered upon the journal of the proceedings of the Commission. Upon the request of any member, a roll call vote shall be taken and recorded on any vote. Whenever a roll call vote of the Commission is in order, the names of the members shall be called in the order seated, provided that the name of the presiding officer shall be called last. All members present shall be required to vote, unless a member has a conflict of interest which requires abstention from voting. The affirmative or negative vote of a majority of the entire membership of the Commission shall be necessary for it to take action.

Section 3.7 Attendance. Regular attendance at all meetings of the Commission is required of all members to enable the Commission to discharge the duties imposed upon it by law. If a member is absent from three (3) regular meetings of the Commission consecutively, without securing the permission of the Commission expressed in its official minutes, the member shall be deemed to have resigned from the Commission, and the member’s office shall become vacant.

Section 3.8 Agenda and Reports. In order to facilitate the orderly conduct of the business of the Commission, the Secretary shall arrange an agenda of the matters to be considered by the Commission at its next meeting together with a report outlining all known facts in each case to be considered by the Commission, with such analysis as is necessary, including recommended action when appropriate. The agenda and all reports shall be delivered or mailed to each member of the Commission, the City Manager, and the City Attorney prior to #5..
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Rules and Regulations of
Landmark Preservation Commission
City of Modesto
February 27, 2017
3 the Commission meeting at which they are to be considered, as far as possible in advance of the meeting as time for preparation will permit.

Matters not included on the agenda will not be acted upon by the Commission unless (a) a majority of the Commission present determine that an emergency situation exists, or (b) the Commission by a two-thirds vote, or if less than two-thirds of the members are present by a unanimous vote, determines that the need to take action arose subsequent to the agenda for the meeting being posted, or (c) the item was on a properly posted agenda for a prior meeting of the Commission occurring not more than five (5) days prior to the meeting at which the action is taken.

Section 3.9 Field Trips. In cases where a view of the premises will assist the Commission in making a decision, a field trip may be arranged prior to the meeting at which time that case shall be heard.

Section 3.10 Reading of the Minutes. Unless the reading of the minutes of a previous Commission meeting is requested by a member of the Commission, such minutes may be approved without reading if the Secretary has previously furnished each member of the Commission with a copy thereof.

ARTICLE IV.

OFFICERS
Section 4.1 Enumerated. The officers of the Commission shall be:

A Chairperson, whose duties shall be to preside at all meetings and call special meetings; and
A Vice-Chairperson, who shall, in the absence of the Chairperson, perform the duties of the Chairperson.

If both are absent, a Chairperson, Pro tempore, shall be elected by the Commissioners present at a given meeting.

Section 4.2 Election of Officers. As soon as practical following the first day of January of each year, the Commission shall elect a Chairperson and Vice-Chairperson.

ARTICLE V.

PROCEDURES, POWERS, DUTIES, AND STAFF
Section 5.1 Designated. The provisions of the Municipal Code of the City of Modesto pertaining to procedures, powers, duties, and staff shall prevail. The City Manager shall designate staff to serve as Secretary to the Commission. The Secretary shall keep a written record of all business transacted by the Commission, notify Commission members of meetings, and keep the official records of the Commission. Upon the direction of the Commission, the Secretary shall perform such other secretarial duties as the Commission may require. #5..
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Rules and Regulations of
Landmark Preservation Commission
City of Modesto
February 27, 2017
4 ARTICLE VI.

PARLIAMENTARY PROCEDURE
Section 6.1 Rules of Order. Except as otherwise provided in these rules and regulations, all meetings of the Commission shall be conducted in accordance with the City’s Rules of Order as contained in Section 2-1.10 of the Modesto Municipal Code.

ARTICLE VII.

COMMITTEES
Section 7.1 Special Committees. There shall be such special committees as the Commission may establish from time to time.

ARTICLE VIII.

PUBLIC HEARINGS
Section 8.1 Public Hearing Procedures. The following rules shall govern the conduct of public hearings.
(a) All hearings will be recorded by mechanical means. If a court reporter is desired for a verbatim transcript, the fee or fees of such court reporter shall be paid by the party requesting the services.
(b) The real parties in interest, including the applicant or any party having a substantial interest in the hearing, may be represented by counsel or a spokesperson. (c) At the opening of the hearing, a report prepared in advance of the hearing by the staff will be presented by a member of the staff. As a part of this presentation, suitable large-scale plot plans, photos and other graphics of the project may be identified and placed in view of the Commission and all persons attending the hearing. (d) At the conclusion of the presentation by the staff, the applicant and then the proponents may make a presentation, including calling witnesses and presenting any material exhibits, documents or other physical evidence. Reading at length from books and other written material will not be permitted.
(e) At the conclusion of the presentation by the applicant and proponents, any persons who oppose the application may make a presentation, including calling witnesses and presenting any material exhibits, documents or other physical evidence. Reading at length from books and other written material will not be permitted. #5..
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Rules and Regulations of
Landmark Preservation Commission
City of Modesto
February 27, 2017
5 (f) All exhibits, documents or other physical evidence used by applicant or other interested parties during the hearings, will become part of the record and retained by the Secretary until the decision becomes final.
(g) Witnesses shall not be required to be sworn. Each witness will be required to approach the microphone and give their full name for the record before making a presentation.
(h) The right to question the witnesses shall be afforded, if requested.

However, the Chairperson may require that such questions be addressed through the Chairperson for resubmission to the witness.
(i) The reading of details of letters and petitions by the persons submitting them will not be permitted. Such documents may be filed with the Secretary and the Secretary shall mark them as having been received for the limited purpose of showing the names of the persons protesting or supporting the application.
(j) While it is desirable in a democratic process to permit every person an unlimited right to speak, such a right may unduly prolong a public hearing and cloud the basic issue if the comments presented are merely cumulative and repetitious. Therefore, whenever necessary, the Chairperson will state that cumulative and repetitious comments are to be avoided and may limit the time allocated for persons who wish to speak. Similarly, testimony and comments which are incompetent, irrelevant or immaterial shall be foreclosed by the Chairperson. If, because of the informality of the hearing, such improper comments are received, it shall not be considered by the Commission in reaching its decision. (k) The Commission may establish special rules for individual meetings, establishing time limits for presentations and requiring presentations to be made through spokespersons, if possible.
(l) After those in favor and opposed to an application have been heard, the Chairperson will ask for the recommendation of the staff and the reasons for such recommendation. After such recommendation, one spokesperson for the applicant and one spokesperson for the opponents shall be given a limited amount of time to summarize their position or respond to the recommendation, after which the Chairperson shall close the public portion of the hearing.
(m) The Commission should discuss the issues involved and make its decision only after hearing the evidence presented at the public hearing. Discussion of the matter by Commission members should be delayed until after the public hearing is closed and the matter is presented to the Commission for discussion and decision. (n) The Commission may take a field trip to view the property involved in the public hearing. All field trips shall be taken as part of a regular, adjourned regular, or special meeting of the Commission and all interested persons will be afforded the opportunity to #5..
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Rules and Regulations of
Landmark Preservation Commission
City of Modesto
February 27, 2017
6 be present to hear any reports or comments. A complete record of such field trip will be entered into the minutes so the record will indicate that the field trip was taken into consideration as evidence. If a Commissioner has personal knowledge of the property or area, the Commissioner should make a statement to that effect at the time of the hearing so the record will reflect everything being taken into consideration in making the final decision. (o) Commissioners are responsible for ensuring that the public hearing is conducted in a fair and impartial manner. If a Commissioner receives a significant personal contact or telephone call outside of the public hearing which concerns a matter pending before or of interest to the Landmark Preservation Commission, he or she shall disclose the substance and nature of the contact or call at the public hearing. If written materials are presented to the Commission by an applicant or member of the public, a copy should be made available for public review by filing the materials with the Secretary at least three (3) days in advance of the meeting at which the item or matter is scheduled to be considered or at the time the materials are provided to any Commissioner, whichever is earliest. (p) Summary of Procedure for Conduct of Public Hearings by the Modesto Landmark Preservation Commission:

1. Opening of public hearing

2. Staff report

3. Applicant’s presentation

4. Presentation by those in favor

5. Presentation by those opposed

6. Staff recommendation

7. Summation by one spokesperson for the applicant and one spokesperson for the opposition

8. Close of public portion of hearing

9. Discussion and decision by the Commission
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

September 10, 2024
Date: August 14, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Housing Rehabilitation Loan Committee Resignation CONTACT: Jessica Hill, Director of Community and Economic Development [email protected], 209-577-5211
DESCRIPTION:

Consider accepting the resignation of John Bergman from the Housing Rehabilitation Loan Committee. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

BACKGROUND:

The Housing Rehabilitation Loan Committee was established to review and approve the City of Modesto’s (City) housing rehabilitation loans and grants and for reviewing policy and procedures for the program. The Housing Rehabilitation Loan Committee Consists of seven (7) members who appointed by the City Council for a four (4)-year term.

Section 11021 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards and Commissions with the recommendation of the City’s Appointments Committee.

DISCUSSION:

On March 4, 2021, by Resolution No 2021-095, John Bergman was appointed to the Housing Rehabilitation Loan Committee with a term expiration date of January 1, 2025. On April 26, 2024 John Bergman formally resigned from the Housing Rehabilitation Loan Committee. 1 https://library.municode.com/ca/modesto/codes/code_of_ordinances?nodeId=CHTR_ARTXIAPBOCO_S1102APTE #6..
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City Council, September 10, 2024
Housing Rehabilitation Loan Committee Resignation

Page 2 of 2 ends

FISCAL IMPACT:

There is no fiscal impact related to this action.

COMMITTEE RECOMMENDATION:

This item did not go to committee, all resignations go directly to City Council for acceptance.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting the resignation of John Bergman from the Housing Rehabilitation Loan Committee.

Approved by:

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

1. Resolution

2. Resignation – John Bergman_Resignation

3. Housing Rehabilitation Loan Committee Bylaws
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1 2024-

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-

RESOLUTION ACCEPTING THE RESIGNATION OF JOHN BERGMAN

FROM THE HOUSING REHABILITATION LOAN COMMITTEE
WHEREAS, the Housing Rehabilitation Loan Committee was established to review and approve the City of Modesto’s (City) housing rehabilitation loans and grants and for reviewing policy and procedures for the program; and WHEREAS, on March 4, 2021, by Resolution No. 2021-095, John Bergman was appointed to serve as a member of the Housing Rehabilitation Loan Committee with a term expiration date of January 1, 2025; and WHEREAS, John Bergman has tendered his resignation from the Housing Rehabilitation Loan Committee effective April 26, 2024.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Modesto hereby accepts the resignation of John Bergman from the Housing Rehabilitation Loan Committee with regret.
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2 2024-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 10th day of September 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,
CMC,
City Clerk
(SEAL)
APPROVED AS TO FORM:

BY:

JOSE M. SANCHEZ, City Attorney
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Submission ID: 75f29e89-a36b-41a4-969c-a16c62706cf8 Page 1/1 Citizen's Advisory Group Letter of Resignation Submittal 04/26/2024 1:41 PM (PDT)
Citizen Advisory Group Letter of Resignation
Title II Compliance
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.

Name John Bergman
Phone Number
Email Address
Mailing Address
City Modesto
State California
Zip Code 95350
Which Citizen Advisory Group
are you resigning from?
Housing Rehabilitation Loan Committee
Why do you want to resign from
this Citizen Advisory Group?
Schedule change prevents my participation in the noon meeting Signature
Thank you for providing this information. After clicking ‘Submit’ you will receive a Submission ID number that can be retained for future reference.

You will be updated by our staff, if necessary, as your resignation form is processed.

Have a great day!
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HRLC Bylaws Page 1 of 5 Amended: 10-25-2016
Resolution No. 2016-424
Housing Rehabilitation Loan Committee
BYLAWS
Article I. Definitions
Section 1.01 There is a Committee created to be known and designated as the Housing Rehabilitation Loan Committee.

Section 1.02 As used in these Bylaws, unless a different meaning clearly appears from the context:
(a) "Member" shall mean a member of the Housing Rehabilitation Loan Committee. (b) "Housing Rehabilitation Loan Committee" and "Committee" shall mean the Housing Rehabilitation Loan Committee.

Article II. Objectives
Section 2.01 The Committee shall be responsible for reviewing and approving the City of Modesto’s (City) housing rehabilitation loans, homebuyers' assistance loans, and for reviewing policy and procedures for both programs.

Article III. Membership
Section 3.01 The Housing Rehabilitation Loan Committee shall consist of seven (7) qualified persons and one (1) alternate comprised of the following:

Seat Designation Term
Councilmember (appointed by the Mayor)
Financial Institution - Representative
Service Provider - Representative
General Contractor (active or retired)
Housing Authority of Stanislaus County – Representative Citizen-at-Large
Citizen-at-Large
Citizens’ Housing and Community Development Committee – Representative (Alternate)
4 years
4 years
4 years
4 years
4 years
4 years
4 years
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HRLC Bylaws Page 2 of 5 Amended: 10-25-2016
Resolution No. 2016-424
Section 3.02 The Members of the Committee shall reside within the City limits of the City at the time of appointment and must maintain residence within the City at all times during their service on the Committee with the exception of the appointed representative of the Housing Authority of Stanislaus County.

Section 3.03 No Member of the Committee shall be an employee of the City, nor any bargaining unit for employees of the City, nor a person who receives compensation from the City.

Section 3.04 All appointments shall be approved by the City’s Appointments Committee.

Section 3.05 No Member of the Committee shall be a relative by blood or marriage within the third degree of the Mayor, Councilmember, Charter Officer, or any department director or deputy department director.

Section 3.06 All Members must complete Statement of Economic Interest (Form 700) by April 1st of each year and when assuming or leaving Committee membership.

Article IV. Terms of Office
Section 4.01 Members may serve no more than two (2) terms. Full terms are four (4) years in duration.

Section 4.02 A partial term of two (2) or more years shall be considered a full term for purposes of Section 4.01.

Section 4.03 Full term appointments begin on January 1 and expire on December 31 four(4) years subsequent.

Section 4.04 Members may be reappointed after their initial term. Members serving two (2) consecutive terms may be reappointed after a break in service of 12 months.

Section 4.05 Members not eligible for reappointment may continue to serve until their successors are appointed. No member shall serve more than eight (8) consecutive years, with the exception of those who are serving until their successors are appointed.

Section 4.06 The Members of the Committee shall receive no compensation for the performance of their official duties.
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HRLC Bylaws Page 3 of 5 Amended: 10-25-2016
Resolution No. 2016-424
Section 4.07 Appointments to fill vacancies on the Committee shall be handled in the same manner as original appointments. When a vacancy occurs during a term, the appointment to fill such vacancy shall be for the unexpired portion of the term.

Section 4.08 Members of the Committee may be removed by a majority vote of the City Council after a recommendation by the Committee Chairperson for the following reasons:
(a) Misconduct, inefficiency, or willful neglect in the performance of their duties providing the member is first provided in writing the reasons for such removal and gives the member the opportunity to be heard before the Council in their own defense. (b) Refusal to resign from the Committee when no longer a resident of the City or when a conflict of interest exists.

Article V. Attendance at Meetings
Section 5.01 It shall be the responsibility of each Member to know the dates and times of all Committee meetings. If a Member knows he or she will not be able to attend a regularly scheduled meeting, it shall be his or her responsibility to notify the Committee Secretary at least forty-eight (48) hours before the meeting, in order for the absence to be recorded as an excused absence.

Section 5.02 The minutes of each meeting will list those Members in attendance, those who are excused and those who are unexcused.

Section 5.03 Attendance at meetings is expected and necessary to carry out the mission of the Committee. Three or more consecutive unexcused absences are grounds for removal from the Committee by the City Council.

Article VI. Officers and Their Duties
Section 6.01 Officers shall consist of Chair and Vice-chair elected by a majority vote of the members of the Committee. Officers shall serve a four-year term.

Section 6.02 All officers shall exercise all privileges of membership, including the making of motions, seconding and debate.

Section 6.03 The Chair shall preside at all meetings, shall appoint all ad-hoc committees, and shall ensure that the bylaws, rules and regulations as adopted by the Committee are properly enforced.
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HRLC Bylaws Page 4 of 5 Amended: 10-25-2016
Resolution No. 2016-424
Section 6.04 The Vice-chair shall assist the Chair in his/her duties and in the absence of the Chair shall perform all duties usually performed by the Chair.

Section 6.05 The Committee Secretary shall be a City staff member, appointed by the Community & Economic and Development Department, to serve as secretary. The Committee Secretary shall keep a record of the minutes of all Committee meetings and such other duties as are usually performed by a secretary.

Article VII. Meetings
Section 7.01 Special meetings shall be called by the Chairperson as necessary.

Section 7.02 Notices of all meetings, including agendas, shall be given to all Members of the Committee, to the City Clerk, to the City Manager, and to all others as provided by law. All such notices shall be furnished to the Committee in writing at least seventy-two hours prior to the time of such meeting.

Section 7.03 All meeting agendas will be posted at Tenth Street Place.

Section 7.04 All meetings shall comply with the requirements of the Ralph M. Brown Act.

Section 7.05 A quorum is necessary for the Committee to transact any business. A quorum shall be defined as a simple majority of active Committee members which is one-half of the active members plus one.

Section 7.06 All meetings of the Committee shall be open to the public and shall be held at a public facility, which is accessible in accordance with the regulations of the Americans with Disabilities Act.

Article VIII. Order of Proceedings
Section 8.01 Sturgis' Standard Code of Parliamentary Procedure shall be the guide for parliamentary procedures in the conduct of Committee meetings.

Section 8.02 The order of proceedings of all meetings shall be as follows, subject to majority vote of the members present:
(a) Roll Call
(b) Declaration of Conflict of Interest
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HRLC Bylaws Page 5 of 5 Amended: 10-25-2016
Resolution No. 2016-424
(c) Public Comment Period
(d) Consent Items
(e) Old Business
(f) New Business
(g) Committee Comments & Reports
(h) Matters Too Late for the Agenda
(i) Adjournment
Section 8.03 Members of the public shall not speak unless recognized by the Chairperson and shall state their names before making any statement, which shall become a part of the public record. The Chairperson may remove any person who refuses to follow these rules or the decision of the Chairperson.

Article IX. Amendments
Section 9.01 The Bylaws and any future amendments shall be subject to the final approval of the City Council and shall not and are not intended to go beyond any of the powers and duties given to the Committee by the City Council. #6..
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8/27/2024 5:30:00 PM

MODESTO CITY COUNCIL
www.modestogov.com

MINUTES
City of Modesto

JOINT CITY COUNCIL AND

REDEVELOPMENT SUCCESSOR AGENCY MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, August 27, 2024 at 5:30 PM
Roll Call – Present: Council/Agency Members Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
Pledge of Allegiance to the Flag
Invocation: Cindy Marks, Pray Modesto
City Clerk’s Announcements
Declaration of Conflicts of Interest: None.

Reports from Closed Session: No reportable action.

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Proclamation declaring September 8th - 14th as National Suicide Prevention Week. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
ACTION: Mayor Zwahlen presented proclamation declaring September 8th - 14th as National Suicide Prevention Week.
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8/27/2024 5:30:00 PM

PUBLIC COMMENT IN PERSON
 Francis O'Brien spoke regarding the Kaiser Medical facility in Fleur de Ville, which was originally promised as a low-key, three-story hospital but has grown into a large medical campus with multiple buildings. He expressed concern over recent construction disruptions and claimed Kaiser has not fulfilled their promises, including not meeting review requirements since 2011 and failing to build as initially planned.

He also noted that Kaiser has purchased other hospitals in nearby cities and questioned their commitment to Modesto. O'Brien suggested the City Council should review Kaiser’s progress and ensure they adhere to their agreements.  David Stevens addressed the Council about their denial to address traffic and safety issues on his street. He recapped that his initial, simple request was to slow down or restrict commercial traffic on a short block to ensure children's safety. Despite several months of efforts and a meeting with the Mayor, the Council ultimately denied the request, citing a resolution signed 20 years ago. Stevens argued that conditions have changed significantly since then and that resolutions should adapt to current needs. He criticized the Council for not addressing the issue and expressed frustration over their inaction.
 Micah Dizney addressed the Council concerning commercial development on his street. Four months earlier, he and his neighbors had requested action but felt their concerns were dismissed with unreasonable excuses. Dizney criticized the resolution's effectiveness, noting issues with a gate intended to restrict traffic. He expressed frustration that the Council had not enforced compliance with property owners and criticized their inaction. Although he appreciated the Mayor's and Allison's help, he urged the Council to take meaningful action to ensure the safety of children on his street and not simply offer denials.
 Carson Dizney, a 16-year-old resident of Water Street in Modesto, shared his perspective on the safety issues his family has faced. Over the past four years, he has walked frequently to various activities and experienced numerous near misses with vehicles on his own dead-end street. Despite his vigilance, he expressed concern for younger children who might not be as visible to drivers. Carson urged the Council to consider the safety of the children on his street, echoing his father's earlier points, and thanked them for their time.
 Diane Kroeze addressed the Council about the Gospel Mission's efforts to house more homeless women and children, emphasizing that while this was a positive step, it did not fully meet the community's needs. She expressed concern that resources and coordination with the Salvation Army had been reduced, leading to fewer beds and less support for the homeless. Kroeze criticized recent decisions on homeless services, such as rejecting safe camping and warehouse options, and questioned the effectiveness of current policies. She highlighted the inhumane conditions faced by the homeless and urged the Council to consider the real impact of their decisions. #7..
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8/27/2024 5:30:00 PM
 Sebastian Jones addressed the Council, expressing frustration over recent accusations and the need to clear his name as a community activist. He denied claims of inappropriate behavior, emphasizing his commitment to peace and respect. Jones also reiterated his longstanding efforts to honor Dr. Martin Luther King Jr. by advocating for the renaming of a building in Modesto. He criticized the Council for not responding to his concerns and expressed determination to see the building properly named after Dr. King. Jones requested the Council to address these issues and respect the truth of his activism.
 Zafir Solomon addressed the Council, expressing frustration over the lack of progress in addressing homelessness. He mentioned seeing news about a California Senate Bill offering $150,000 to home buyers, including undocumented individuals, and questioned why similar support couldn’t be used to address homelessness. Solomon criticized the local approach to handling homeless individuals, noting that they were frequently moved around without proper solutions. He highlighted the mental health challenges many faced and criticized the ineffective enforcement measures, such as fines and jail time. Solomon urged the Council to use common sense and take meaningful action to address homelessness in Modesto, drawing from his own experience maintaining a clean business in South Modesto.  Emerson Drake addressed the Council, expressing dissatisfaction with the handling of housing issues in Modesto. He criticized the recent approval of 527 new homes, which he noted were priced significantly higher than initially advertised. Drake highlighted a past practice of requiring affordable housing in large developments, which he felt was missing from current plans. He warned against creating low-cost housing areas that could become problematic, drawing on negative experiences from other cities like Chicago. Drake also recalled past issues with local camping ordinances, which he felt were overly restrictive. He urged the Council to prioritize affordable housing and enforce requirements for developers to include it in their projects.  Loretta Carhart spoke about her concerns regarding property lines and construction in her neighborhood. She requested information on the property lines for alleys between Needham and Alice, and the 100 block of Hackberry. Carhart expressed frustration over seeing people build on property lines despite regulations that require a five-foot setback. She felt that those with financial resources were able to bypass these rules. She sought assistance in resolving these issues and requested to be directed to the appropriate contact for further help.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS: 2-4, 7-9, 12, 15-16 (Williams/Wright; 7/0)

CONSENT
Consent

2. Consider approving the minutes for the August 13, 2024 Council Meeting. (Funding Source: Not Applicable)
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8/27/2024 5:30:00 PM
 Motion approving the minutes for the August 13, 2024 Council Meeting.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Williams/Wright; 7/0) Motion approving the minutes for the August 13, 2024 Council Meeting.

Consent

3. Consider approving the minutes from the January 11, 2022 Redevelopment Successor Agency meeting. (Funding Source: Not Applicable)
 Motion approving the minutes from the January 11, 2022 Redevelopment Successor Agency meeting.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Williams/Wright; 7/0) Motion approving the minutes from the January 11, 2022 Redevelopment Successor Agency meeting.

Consent

4. Consider approving Final Adoption of Ordinance 3783-C.S. amending Planned Development Zone P-D(470) to change the allowable uses to allow certain Highway Commercial (C-3) uses for property located at 1101 N. Carpenter Road (APN: 081- 052-045). (Funding Source: Not Applicable)
 Motion approving Final Adoption of Ordinance 3783-C.S. amending Planned Development Zone P-D(470) to change the allowable uses to allow certain Highway Commercial (C-3) uses for property located at 1101 N. Carpenter Road (APN: 081-052-045).

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Williams/Wright; 7/0) Motion approving Final Adoption of Ordinance 3783-C.S. amending Planned Development Zone P-D(470) to change the allowable uses to allow certain Highway Commercial (C-3) uses for property located at 1101 N.

Carpenter Road (APN: 081-052-045).

Removed from Consent

5. Consider approving a Modesto Forward Grant Agreement with Valley First Credit Union for two revolving loan fund programs — “Business Beautification” and “Business Incentives,” not to exceed $500,000 for each program over two and a half years. (Funding Source: American Rescue Plan Act Funds)  Resolution approving a Modesto Forward Grant Agreement with the Valley First Credit Union, to Main Street Business Development Loan Program, for a total amount not to exceed $500,000, and authorizing the City Manager or his designee to execute the Agreement.
 Resolution approving a Modesto Forward Grant Agreement with the Valley First Credit Union, to Main Street Business Beautification, for a total amount not to exceed $500,000, and authorizing the City Manager or his designee to execute the Agreement.

CED; Trevin Barber, 209-571-5566, [email protected] #7..
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ACTION: (Escutia-Braaton/Alvarez; 7/0) Resolution 2024-295 approving a Modesto Forward Grant Agreement with the Valley First Credit Union, to Main Street Business Development Loan Program, for a total amount not to exceed $500,000, and authorizing the City Manager or his designee to execute the Agreement.

ACTION: (Escutia-Braaton/Alvarez; 7/0) Resolution 2024-296 approving a Modesto Forward Grant Agreement with the Valley First Credit Union, to Main Street Business Beautification, for a total amount not to exceed $500,000, and authorizing the City Manager or his designee to execute the Agreement.

Removed from Consent

6. Consider approving a Will Serve Letter and Outside Service Agreement with Sunrise MHC, LLC a California Limited Liability Company, to connect to the City of Modesto’s existing water system for the property located at 433 S 7th Street (APN:
038-003-015). (Funding Source: Water Fund)
 Resolution approving a Will Serve Letter and Outside Service Agreement between the City of Modesto and Sunrise MHC, LLC a California Limited Liability Company, to connect to the City of Modesto’s existing water system for the property located at 433 S 7th Street (APN: 038-003-015) and authorizing the City Manager, or his designee, to the sign the Will Serve Letter and execute the Outside Service Agreement.

ENGINEERING SERVICES; Jaspreet Mangat, 209-577-5253,
[email protected]
ACTION: (Alvarez/Ricci; 7/0) Resolution 2024-297 approving a Will Serve Letter and Outside Service Agreement between the City of Modesto and Sunrise MHC, LLC a California Limited Liability Company, to connect to the City of Modesto’s existing water system for the property located at 433 S 7th Street (APN: 038-003-015) and authorizing the City Manager, or his designee, to the sign the Will Serve Letter and execute the Outside Service Agreement.

Consent

7. Consider authorizing submittal of a Grant Application for Highway Safety Improvement Program (HSIP) funds. (Funding Source: California Department of Transportation Grant Funds)
 Resolution authorizing submittal of a Grant Application for Highway Safety Improvement Program (HSIP) funds, and authorizing the City Manager, or his designee to execute all necessary grant documents.

ENGINEERING SERVICES; Michael Sacuskie, 209-571-5552,
[email protected]
ACTION: (Williams/Wright; 7/0) Resolution 2024-298 authorizing submittal of a Grant Application for Highway Safety Improvement Program (HSIP) funds, and authorizing the City Manager, or his designee to execute all necessary grant documents.
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Consent

8. Consider accepting an Informational Report on the May and June 2024 Grant Applications and Awards. (Funding Source: Not Applicable)  Motion accepting an Informational Report for May and June 2024 Grant Applications and Awards.

FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Williams/Wright; 7/0) Motion accepting an Informational Report for May and June 2024 Grant Applications and Awards.

Consent

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

Removed from Consent

10. Consider approving the purchase of various Fleet Addition and Replacements for Fleet Vehicles which includes six Police Motorcycles, two F250 Super Duty Trucks, and one John Deer Wheel Loader in the amount not to exceed $839,849. (Funding Source: Fleet Replacement Fund, Senate Bill 1383 Grant and Compost Fund)  Resolution approving the Competitive Bidding Process from Sourcewell to Pape Machinery, French Camp, CA for the purchase of one John Deere Wheel Loader for an amount not to exceed $406,110; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price.
 Resolution approving the Competitive Bidding Process from the Florida Sheriffs Association to Alligator Alley Harley Davidson, Sunrise FL for the purchase of six Police Motorcycles for an amount not to exceed $195,605; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price.  Resolution approving the Competitive Bidding Process from Texas Association of School Boards to Rush Truck Center, Ceres, CA for the purchase of two F250 Super Duty Trucks for an amount not to exceed $128,585; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price.

FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] #7..
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ACTION: (Williams/Escutia-Braaton; 7/0) Resolution 2024-299 approving the Competitive Bidding Process from Sourcewell to Pape Machinery, French Camp, CA for the purchase of one John Deere Wheel Loader for an amount not to exceed $406,110; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price.

ACTION: (Bavaro/Zwahlen; 7/0) Resolution 2024-300 approving the Competitive Bidding Process from the Florida Sheriffs Association to Alligator Alley Harley Davidson, Sunrise FL for the purchase of six Police Motorcycles for an amount not to exceed $195,605; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price.

ACTION: (Wright/Williams; 7/0) Resolution 2024-301 approving the Competitive Bidding Process from Texas Association of School Boards to Rush Truck Center, Ceres, CA for the purchase of two F250 Super Duty Trucks for an amount not to exceed $128,585; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price.

Removed from Consent

11. Consider approving the Plans and Specifications for the 2023 Playground Replacement Project, Phase 1, accepting the Bid and Awarding a Construction Contract to Sierra Play Partners, of Ripon, CA, in an amount not to exceed $758,533. (Funding Source:

Measure H)
 Resolution approving the Plans and Specifications for the 2023 Playground Replacement Phase 1 Project, accepting the Bid and Awarding a Construction Contract to Sierra Play Partners of Ripon, CA, in the amount of $689,575, plus $68,958, in contingency (if needed), for a total payment amount not to exceed $758,533 and authorizing the City Manager, or his designee, to execute the contract.

PRN; Nathan Houx, 209-571-5526, [email protected]
ACTION: (Wright/Escutia-Braaton; 6/1; Noes Ricci) Resolution 2024-302 approving the Plans and Specifications for the 2023 Playground Replacement Phase 1 Project, accepting the Bid and Awarding a Construction Contract to Sierra Play Partners of Ripon, CA, in the amount of $689,575, plus $68,958, in contingency (if needed), for a total payment amount not to exceed $758,533 and authorizing the City Manager, or his designee, to execute the contract.

Consent

12. Consider approving the Plans and Specifications for the 2024 Sport Court Lighting Project for Davis Community Park and Beyer Community Park, accepting the Bid and Awarding a Construction Contract to Fluoresco Services, LLC, of Phoenix, AZ, in an amount not to exceed $113,850. (Funding Source: Measure H) #7..
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 Resolution approving the Plans and Specifications for the 2024 Sport Court Lighting Project for Davis Community Park and Beyer Community Park, accepting the Bid and Awarding a Construction Contract to Fluoresco Services, LLC, of Phoenix, AZ, in the amount of $103,500, plus $10,350, in contingency (if needed), for a total payment amount not to exceed $113,850 and authorizing the City Manager, or his designee, to execute the contract.

PRN; Nathan Houx, 209-571-5526, [email protected]
ACTION: (Williams/Wright; 7/0) Resolution 2024-303 approving the Plans and Specifications for the 2024 Sport Court Lighting Project for Davis Community Park and Beyer Community Park, accepting the Bid and Awarding a Construction Contract to Fluoresco Services, LLC, of Phoenix, AZ, in the amount of $103,500, plus $10,350, in contingency (if needed), for a total payment amount not to exceed $113,850 and authorizing the City Manager, or his designee, to execute the contract.

Removed from Consent

13. Consider approving the City of Modesto Pandemic Recovery Strategy – Modesto Forward Grant Agreement between the City of Modesto and the Graffiti USA Classic Car Museum, a non-profit Corporation, for $350,000 in American Rescue Plan Act Funding. (Funding Source: American Rescue Plan Act)
 Resolution approving the City of Modesto Pandemic Recovery Strategy – Modesto Forward Grant Agreement between the City of Modesto and the Graffiti USA Classic Car Museum for $350,000 in American Rescue Plan Act Funding, and authorizing the City Manager, or designee, to execute the Agreement.

PRN; Diane Sheatsley, 209-577-5418, [email protected] ACTION: (Ricci/Williams; 7/0) Resolution 2024-304 approving the City of Modesto Pandemic Recovery Strategy – Modesto Forward Grant Agreement between the City of Modesto and the Graffiti USA Classic Car Museum for $350,000 in American Rescue Plan Act Funding, and authorizing the City Manager, or designee, to execute the Agreement.

Removed from Consent

14. Consider approving an Agreement for Landscape Maintenance, Weed Abatement, Trash Removal and Rodent Control Services to Grover Landscape Services, Inc., Modesto, CA, for a total amount not to exceed $1,030,347 over five years. (Funding Source: Sewer Operations Fund, Storm Drain Fund, and Various Community Facilities Districts (CFD) Funds)
 Resolution approving the Award of Bid and Agreement for the Landscape Maintenance, Weed Abatement, Trash Removal, and Rodent Control Services to Grover Landscape Service, Inc., Modesto, CA, for a two-year Agreement with three one-year extension options, for an annual estimated amount of $187,000 and a total amount not to exceed $1,030,347 over five years; and authorizing the City Manager, or his designee, to execute the Agreement.

UTILITIES; Jeff Daniels, 209-577-6255, [email protected] #7..
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ACTION: (Wright/Ricci; 7/0) Resolution 2024-305 approving the Award of Bid and Agreement for the Landscape Maintenance, Weed Abatement, Trash Removal, and Rodent Control Services to Grover Landscape Service, Inc., Modesto, CA, for a twoyear Agreement with three one-year extension options, for an annual estimated amount of $187,000 and a total amount not to exceed $1,030,347 over five years; and authorizing the City Manager, or his designee, to execute the Agreement.

Consent

15. Consider approving the Agreements for Generator Repair and Preventative Maintenance Service with Bay City Electric Works of Livermore, CA, and PowerGen, Inc. of Tracy, CA, for a total amount not to exceed $1,214,800 over five years. (Funding Source: Various Funds)
 Resolution approving the Award of Bid and Agreements for Generator Repair and Preventative Maintenance Service to Bay City Electric Works of Livermore, CA and PowerGen Inc., of Tracy, CA, for a two-year Agreement with three one-year extension options, for a total amount not to exceed $1,214,800 over five years; and authorizing the Director of Finance to adjust agreement totals between vendors based on contractor’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 Agreement.

UTILITIES; Manuel Martinez, 209-342-4592, [email protected] ACTION: (Williams/Wright; 7/0) Resolution 2024-306 approving the Award of Bid and Agreements for Generator Repair and Preventative Maintenance Service to Bay City Electric Works of Livermore, CA and PowerGen Inc., of Tracy, CA, for a twoyear Agreement with three one-year extension options, for a total amount not to exceed $1,214,800 over five years; and authorizing the Director of Finance to adjust agreement totals between vendors based on contractor’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 Agreement.

Consent

16. Consider approving a Purchasing Agreement with West Coast Sand and Gravel, Inc. of Buena Park, CA, for the purchase of rock, sand, and gravel for a total amount not to exceed $3,920,700 over five years. (Funding Source: Various Funds)  Resolution approving the Award of Bid and Purchasing Agreement to West Coast Sand and Gravel, Inc. of Buena Park, CA, for the purchase of rock, sand and gravel for a two-year Agreement with three one-year extension options, for an estimated annual amount of $712,000 and a total amount not to exceed $3,920,700 over five years; and authorizing the Director of Finance or her designee to execute the Agreement.

UTILITIES; Manuel Martinez, 209-342-4592, [email protected] ACTION: (Williams/Wright; 7/0) Resolution 2024-307 approving the Award of Bid and Purchasing Agreement to West Coast Sand and Gravel, Inc. of Buena Park, CA, #7..
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for the purchase of rock, sand and gravel for a two-year Agreement with three one-year extension options, for an estimated annual amount of $712,000 and a total amount not to exceed $3,920,700 over five years; and authorizing the Director of Finance or her designee to execute the Agreement.

COUNCIL COMMENTS & REPORTS
Councilmember Escutia-Braaton expressed gratitude to the Mayor and noted that the agenda for the evening contained many positive items. Escutia-Braaton expressed appreciation that the agenda supported a vibrant economy, particularly highlighting consent item number five, which provided loans for small businesses considered the backbone of a strong economy in Modesto. Escutia-Braaton was also pleased about the upcoming vote on extending the negotiation period with the Baseball Club of Modesto, which would allow the Modesto Nuts to remain at John Thurman Field through 2025, further contributing to the local economy. Additionally, Escutia-Braaton shared that she attended the opening of a new business in the downtown area the previous week, a dynamic family-run business at the Grub Hub on the corner of Eighth and I Street. This generational business was praised as a great concept that supports Modesto's vibrant community. Escutia-Braaton concluded by stating that all these efforts contribute to making Modesto a great place to live and thanked the Mayor and Council.

Councilmember Williams took a moment to acknowledge a personal milestone—his 38th wedding anniversary. He thanked his wife, Nancy Williams. Williams proudly stated that they have the best-looking kids and grandchildren in town, attributing their successful marriage to having God in their lives.

Councilmember Wright reported on the City's July efforts to address homelessness. The Downtown Street Team, made up of 80 to 90 homeless individuals, collected over 23,000 pounds of trash. Three team members found housing, and three gained full-time jobs. The Salvation Army Day Center provided services to 150 people, while the Berberian Shelter assisted 270 individuals, leading to several housing placements and reunions. The Safe Parking program and Modesto Gospel Mission supported numerous homeless individuals, including women and children, with essential services. Wright thanked the organizations involved for their ongoing support.

Councilmember Ricci congratulated Councilmember Williams on his anniversary, and then went on to address homelessness, praising the Downtown Streets Team for their impressive housing retention rates. Ricci highlighted the importance of helping people not just get off the streets but also reintegrate into society. He also raised concerns about the growing feral cat problem, suggesting the need for a more organized approach, such as spaying and neutering programs or adoption initiatives. Lastly, Ricci discussed the City's forestry efforts, emphasizing the need for a more aggressive tree replanting plan to maintain Modesto's urban forest, which he noted is crucial for improving health outcomes.

Vice Mayor Alvarez took the opportunity to remind the public about the Rental Housing Safety Program, which addresses complaints of substandard rental housing, such as pest #7..
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infestations, mold, and absentee landlords. Alvarez highlighted the program's goal of ensuring the safety and well-being of residents through a collaborative effort between the City Council, tenant advocacy groups, and community stakeholders. He also provided an update on the ongoing construction on the Paradise corridor, funded by a $3.5 million state grant. The project includes new roundabouts, a median for left turns, improved bike lanes, more visible crosswalks, and pavement replacement, all aimed at making the area safer for pedestrians and cyclists.

Mayor Zwahlen shared a few brief comments. She mentioned meeting with ten Japanese students visiting from Modesto's sister city, Kurume, Japan, noting how much they enjoyed their visit and praised Modesto for its cleanliness. One student, in particular, expressed a love for American hamburgers. Additionally, the Mayor provided an update on the construction of the Lathrop Y, a key step in bringing a train connection to Modesto that will link the city with Sacramento and the Bay Area. She described the project as massive and exciting, particularly the work on alternative construction to facilitate water ways.

CITY MANAGER COMMENTS & REPORTS
None.

UNFINISHED BUSINESS

17. Consider approving a First Amendment to the Lease Agreement with The Baseball Club of Modesto, LLC to lease John Thurman Field through September 30, 2025, and authorizing the City Manager, or his designee, to finalize the language of the agreement pursuant to the negotiated terms and execute the Amendment. (Funding Source: Capital Improvement Project (CIP) 101019/General Fund)  Resolution approving a First Amendment to the Lease Agreement with The Baseball Club of Modesto, LLC to lease the John Thurman Field facility through September 30, 2025, and authorizing the City Manager, or his designee, to finalize the language of the amendment pursuant to the negotiated terms and execute the Agreement.

CITY MANAGER; Joseph Lopez, 209-577-5223, [email protected] ACTION: (Alvarez/Escutia-Braaton; 7/0) Resolution 2024-308 approving a First Amendment to the Lease Agreement with The Baseball Club of Modesto, LLC to lease the John Thurman Field facility through September 30, 2025, and authorizing the City Manager, or his designee, to finalize the language of the amendment pursuant to the negotiated terms and execute the Agreement.

NEW BUSINESS

18. Consider declaring certain properties owned by the City and Successor Agency as “surplus land” and authorizing the City Manager and the Executive Director of the Successor Agency to take all actions required to facilitate the sale or lease of such properties through the Surplus Land Act process. (Funding Source: Not Applicable) #7..
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 Resolution declaring specified City owned properties as surplus land, authorizing the City Manager to determine which properties may be declared exempt surplus land, and authorizing the City Manager to negotiate for the conveyance of such properties in accordance with the Surplus Land Act.  Resolution declaring specified Successor Agency owned properties as surplus land, authorizing the Executive Director of the Successor Agency to determine which properties may be declared exempt surplus land, and authorizing the Executive Director of the Successor Agency to negotiate for the conveyance of such properties in accordance with the Surplus Land Act.

CITY MANAGER; Scotty Douglass, 209-577-9149, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2024-309 declaring specified City owned properties as surplus land, authorizing the City Manager to determine which properties may be declared exempt surplus land, and authorizing the City Manager to negotiate for the conveyance of such properties in accordance with the Surplus Land Act.

ACTION: (Williams/Wright; 7/0) Resolution 001-2024 declaring specified Successor Agency owned properties as surplus land, authorizing the Executive Director of the Successor Agency to determine which properties may be declared exempt surplus land, and authorizing the Executive Director of the Successor Agency to negotiate for the conveyance of such properties in accordance with the Surplus Land Act.

MATTERS TOO LATE FOR THE AGENDA
None.

ADJOURNMENT
This meeting adjourned at 9:31 p.m.
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All Closed Session matters heard prior to the meeting.

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
One Case (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Marvin Cain v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ17374007 & ADJ17548128
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
One Case (Pursuant to Section 54956.9(d)(4) 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
Attest:____________________________
Diane Nayares-Perez, City Clerk
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

September 10, 2024
Date: August 19, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Diane Nayares-Perez, City Clerk
SUBJECT: Consider appointing a voting delegate to the 2024 League of California Cities Annual Conference to be held in Long Beach, CA on October 16-18, 2024 CONTACT: Diane Nayares-Perez, CMC, City Clerk, [email protected], 209-577-5396
DESCRIPTION:

Consider appointing a voting delegate to the 2024 League of California Cities Annual Conference to be held in Long Beach, CA on October 16-18, 2024. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:

This item supports the City’s 2020-2025 Strategic Plan Goals to build community trust in City government through responsive, transparent and efficient service delivery.

BACKGROUND:

The League of California Cities1 (League) is an association of California city officials who work together to enhance their knowledge and skills, exchange information, and combine resources so they may influence policy decisions that affect cities. Founded in 1898, the League is a member organization that represents California’s incorporated cities. The League strives to protect the authority and autonomy of city government and help California’s cities effectively serve their residents. The League has eight standing policy committees which make recommendations to the Board of Directors on legislation, new policy guidelines, and key issues impacting cities. The committees are composed of elected and appointed city officials throughout the State of California.

DISCUSSION:

Each year the League holds an annual conference. This year’s annual conference is scheduled for October 16-18, 2024 in Long Beach, California. An important part of the annual conference is the General Assembly Meeting which is where the membership considers and takes action on 1 League of California Cities - https://www.calcities.org/ #8..
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City Council, September 10, 2024
Consider appointing a voting delegate to the 2024
Annual Conference to be held in Long Beach, CA on October 16-18, 2024

Page 2 of 2 ends

resolutions that establish League policy. The General Assembly Meeting is scheduled for Friday, October 18, 2024. To vote at the General Assembly Meeting, the City Council must, by formal Council action, designate a voting delegate. In the event the designated voting delegate is unable to serve in that capacity, Council may appoint up to two alternate voting delegates.

The voting delegate and alternates must be registered to attend the conference. At least one must be present.

The Mayor has recommended Councilmember Williams serve as the voting delegate with Councilmember Escutia-Braaton as the alternate voting delegate.

FISCAL IMPACT:

There is no direct cost in designating a Delegate and Alternate; however, the Delegate and Alternate must be registered to participate. This year the conference will be held in Long Beach at a cost of $700 per attendee, plus associated travel and lodging expenses. Participation in this event has been budgeted for and there are sufficient funds in the budget for this purpose.

COMMITTEE RECOMMENDATION:

This item did not go to Committee as it is not required.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Motion approving Councilmember Williams as a voting delegate and Councilmember EscutiaBraaton as the alternate for the 2024 League of California Cities Annual Conference to be held in Long Beach, CA on October 16-18, 2024.

Approved by:

Diane Nayares-Perez, CMC, City Clerk
Joseph P. Lopez, City Manager
Attachments:

1. 2024 Voting Delegate Packet
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1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

DATE: Wednesday, July 10, 2024
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 16-18, 2024 Long Beach Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Oct. 18, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Following council action, please submit your city’s delegates through the online submission portal by Wed., Sept. 25. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.

Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.

Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

Council Action Advised by September 25, 2024
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For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 25. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly #8..
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1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
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Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.

The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.

Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.

Recommendations are forwarded
to the Resolutions Committee.

Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.

Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.

Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.

Cal Cities policy
development is a memberinformed process,
grounded in the voices and
experiences of city officials
throughout the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.

General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). #8..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

September 10, 2024
Date: August 27, 2024
TO: Mayor and City Council
FROM: Joseph P. Lopez, City Manager
SUBJECT: Monthly Budget Adjustment Report – August 2024 CONTACT: Steve Christensen, Interim Office of Performance Management and Budget Director, [email protected] 209-577-5390
DESCRIPTION:

Consider approving the recommended budget adjustments to Fiscal Year 2023-24 and 2024-25 Annual Operating and Capital Improvement Program Budgets and amending the Fiscal Year 2024-25 Position Allocation. (Funding Source: Various Funds) STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

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

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

Also included in this report as an attachment (Exhibit B) is a summary of the budget adjustments approved by the City Manager and/or Budget Manager and Office of Performance Management and Budget Director consistent with the authority levels that were approved by Council with the passing of the Fiscal Year 2023-24 Operating Budget via Resolution No. 2023- 267 and the Fiscal Year 2024-25 Operating Budget via Resolution No. 2024-191. #9..
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DISCUSSION:

The monthly budget adjustments attached as Exhibit A in this item include adjustments across various departments. These adjustments are explained in further detail within Exhibit A. In addition, Exhibit C includes adjustment to the position allocation for Fiscal Year 2024-25.

FISCAL IMPACT:

The fiscal impact of each item is noted in the attachments to this report. The adjustments are for Fiscal Year 2023-24 and Fiscal Year 2024-25.

COMMITTEE RECOMMENDATION:

This item was presented to the Finance Committee on August 26, 2024, and was recommended to be forwarded to Council for approval. It must be noted that since the recommendation of the Finance Committee the following changes and additions have been made for the reasons noted below.

Under Fiscal Year 2023-24 in the Community & Economic Development section, a new item was added to adjust the budget to account for Homeowner Rehabilitation Loans that are being converted into Grants in the Revolving Loan Fund in the total amount of $200,000.  A budget adjustment in the amount of $200,000 is needed to account for the Homeowner Rehabilitation Loans that are being converted to Grants in the Revolving Loan Fund (1155). This program is designed to eliminate health and safety hazards in residential properties for qualifying low-income households, and each loan has met the affordability covenant. The Homeowner Rehabilitation Program is funded through the Community Block Grant Revolving Loan Fund.

Under Fiscal Year 2023-24 in the Fire Department section, the item related to reallocating budgeted revenue from the General Fund Grants – Operations Reimbursed Fund for the Staffing for Adequate Fire and Emergency Response (SAFER) Grant has been increased from $400,000 to $600,720. The increase was due to additional ineligible expenses being recognized in FY 2023-24 that need to be covered by the General Fund. The language has changed as follows:
 A budget adjustment is needed to reallocate the budgeted revenue from the General Fund (0100) to the Grants – Operations Grants Reimbursed Fund (1341) in the amount of $600,720 for the MFD – 2020 Federal Emergency Management Agency (FEMA) Staffing For Adequate Fire and Emergency Response (SAFER) Grant. In addition, an increase is needed to the transfer out from the General Fund (0100) to the Grants – Operations Grants Reimbursed Fund (1341) in the amount of $600,720 to account for overtime expenses that are ineligible to be reimbursed by the grant and the overtime account within the MFD – 2020 FEMA SAFER Grant cost center needs to be increased by the same amount as those expenses are paid from the cost center.

Under Fiscal Year 2023-24 in the Measure L – Engineering Services Department section, a new item was added to recognize the Measure L revenue received in the fiscal year. The language is as follows:
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 A budget adjustment is necessary to recognize actual revenue received in the Measure L Fund (1410) for the fiscal year FY 2023-24. The additional revenue to recognize is in an amount up to $3,200,000 for the Local Streets & Roads (14625), Traffic Management (14626), and Bike & Pedestrian (14627) cost centers.

Under Fiscal Year 2023-24 in the Police Department section, the item related to increasing the discretionary expenses in the Traffic Safety Fund (1600) is being increased to not exceed $250,000 due to additional expenses being accrued back to the fiscal year. The language is as follows:
 A budget adjustment in an amount not to exceed $250,000 is necessary to increase Discretionary Expenses in the Traffic Safety Fund (1600). The fund is currently over budget due to higher-than-expected repair and equipment needs. The increase in budget will be coming from the Fund Reserves.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution amending Fiscal Year 2023-24 and 2024-25 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.

Resolution amending the Position Allocation for Fiscal Year 2024-25 as adopted in the operating budget.

Resolution amending the classification plan for the City of Modesto to create new classifications and amend existing classifications.

Approved by:

Joseph P. Lopez, City Manager
Attachments:

1. Resolutions (3)

2. Exhibit A – Budget Adjustments Requiring Council Approval

3. Exhibit B - Staff Approved Budget Adjustments

4. Exhibit C – Position Allocation Amendment

5. Exhibit D – Classification Plan Amendment

6. Exhibit E – 400 Series – Represented M&C Nonsworn Class Range Table #9..
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09/10/2024/Budget/SChristensen/Item X 1 2024-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION AMENDING THE FISCAL YEAR 2023-24 AND 2024-25

ANNUAL OPERATING AND CAPITAL IMPROVEMENT FUND

BUDGETS AND AUTHORIZING THE CITY MANAGER, TO TAKE

THE NECESSARY STEPS TO IMPLEMENT THE PROVISIONS OF

THIS RESOLUTION
WHEREAS, a financial analysis has been completed and it has been determined that a budget adjustment is required to the Annual and Capital Improvement Budgets of the City of Modesto for Fiscal Year 2023-24 and Fiscal Year 2024-25.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves amending the Fiscal Year 2023-24 and Fiscal Year 2024-25 Annual Operating and Capital Improvement budget as shown in Exhibit A, which is attached hereto and incorporated by reference herein.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to take the necessary steps to implement the provisions of this resolution. #9..
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09/10/2024/Budget/SChristensen/Item X 2 2024-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the day of July 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 votes:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:
________________________________

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

BY: _____________________________________
JOSE M. SANCHEZ, City Attorney
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09/10/2024/Budget/SChristensen/Item X 1 2024-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-

RESOLUTION AMENDING THE POSITION ALLOCATION FOR FISCAL
YEAR 2024-25 AS ADOPTED IN THE OPERATING BUDGET
WHEREAS, a Position Allocation for the City of Modesto was adopted by Modesto City Council Resolution pursuant on June 18, 2024, as part of the Annual Budget of the City of Modesto for Fiscal Year 2024-25, 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 September 10, 2024 falls, (Pay Period beginning September 10, 2024), unless otherwise noted, and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves amending the Position Allocation for various departments as attached in Exhibit C.

The foregoing resolution was adopted at a regular meeting of the Council of the City of Modesto held on the 10th day of September 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:
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09/10/2024/Budget/SChristensen/Item X 2 2024-XX
AYES: Councilmembers: ?
NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
(SEAL)
APPROVED AS TO FORM:

ATTEST:

DIANE NAYARES-PEREZ, City Clerk
By:

JOSE M. SANCHEZ, City Attorney
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09/10/2024/Budget/SChristensen/Item X 1 2024-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-

RESOLUTION AMENDING THE CLASSIFICATION PLAN FOR THE

CITY OF MODESTO TO CREATE NEW CLASSIFICATIONS AND

AMEND EXISTING CLASSIFICATIONS
WHEREAS, a Position Classification Plan for the City of Modesto was adopted by Modesto City Council Resolution No. 2024- 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 as per EXHIBIT D.

2. EFFECTIVE DATE. This Resolution shall become effective the pay period in which September 10, 2024 falls, (Pay Period beginning September 10, 2024).

The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 10th day of September 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: ?
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09/10/2024/Budget/SChristensen/Item X 2 2024-XX
NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
(SEAL)
APPROVED AS TO FORM:

ATTEST:

DIANE NAYARES-PEREZ, City Clerk
By:

JOSE M. SANCHEZ, City Attorney
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City Council, September 10, 2024
Monthly Budget Adjustment Report

EXHIBIT A
FISCAL YEAR 2023-24

COMMUNITY & ECONOMIC DEVELOPMENT
 A budget adjustment is needed to increase the budget in Fund 1130 – Community Development Block Grants (CDBG) in the Housing and Urban Development (HUD) Program by $300,000 for Administration during FY2024. The increase of expenses is due to an increase in the Indirect Rate Cost Proposals adjustments (ICRP) and support for potential and new programs including the Economic Development Initiative (EDI), Bridge Housing, Camp2Home, and Homekey programs, creating low-income housing and providing support to those unhoused in our community. This is fully funded by Federal CDBG funds and has no impact to the General Fund.  A budget adjustment in the amount of $200,000 is needed to account for the Homeowner Rehabilitation Loans that are being converted to Grants in the Revolving Loan Fund (1155). This program is designed to eliminate health and safety hazards in residential properties for qualifying low-income households, and each loan has met the affordability covenant. The Homeowner Rehabilitation Program is funded through the Community Block Grant Revolving Loan Fund.

MEASURE L – ENGINEERING SERVICES DEPARTMENT
 A budget adjustment is necessary to recognize actual revenue received in the Measure L Fund (1410) for the fiscal year FY 2023-24. The additional revenue to recognize is in an amount up to $3,200,000 for the Local Streets & Roads (14625), Traffic Management (14626), and Bike & Pedestrian (14627) cost centers.

FIRE DEPARTMENT
 A budget adjustment is needed to reallocate the budgeted revenue from the General Fund (0100) to the Grants – Operations Grants Reimbursed Fund (1341) in the amount of $600,720 for the MFD – 2020 Federal Emergency Management Agency (FEMA) Staffing For Adequate Fire and Emergency Response (SAFER) Grant. In addition, an increase is needed to the transfer out from the General Fund (0100) to the Grants – Operations Grants Reimbursed Fund (1341) in the amount of $600,720 to account for overtime expenses that are ineligible to be reimbursed by the grant and the overtime account within the MFD – 2020 FEMA SAFER Grant cost center needs to be increased by the same amount as those expenses are paid from the cost center.

HUMAN RESOURCES DEPARTMENT
 A budget adjustment in the amount of $2,600,000 is needed in the Insurance – Liability Insurance Fund (5330) to account for an increase in Insurance Premiums and Claims Payments in the fiscal year. A portion of the increase is being covered by the fund reserves. Additionally, the overall Internal Service Fund (ISF) is being increased by $1,300,000 which will increase the revenue to Fund 5330 and increase the expense budgets for the ISF model. The expense increases of $1,300,000 have been split #9..
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amongst various funds of which the breakdown can be seen below. The increase for General Fund will come from Fiscal Year 2023-24 General Fund carryover funds.

Fund Fund Name
Total
Increase
0100 General Fund $815,631
1133 HUD Administration $3,367
1300 Capital Improvement Support $36,175
1390 American Rescue Grants Fund $654
1610 Traffic Offender Fund $418
1700 Surface Transportation Fund $167,943
3220
Infrastructure Financing Program
Administration $2,635
4000 Parking Fund $1,945
4100 Water Fund $63,480
4210 Sewer Operations Fund $90,903
4310 Airport Operating Fund $2,702
4480 Storm Drainage Fund $1,738
4700
Community Center Operations
Fund $1,497
4890 Compost Fund $2,668
4891 Solid Waste Fund $3,073
4892 Green Waste Fund $67,441
5110 Inventory Purchases Fund $1,505
5120 Mail Services ISF Fund $340
5230 Information Technology Fund $14,809
5310 Insurance - Administration Fund $1,902
5400 Fleet Management Fund $16,192
5520
Employee Benefits Administration
Fund $546
5800 Building Services Fund $2,436
Grand
Total $1,300,000

PARKS, RECREATION & NEIGHBORHOODS
 Per the agreement that was entered into with the Modesto Convention & Visitors Bureau (CVB) by the City of Modesto, the City is to provide to the Modesto Centre Plaza (MCP) an amount equal to thirty percent (30%) of the of the City’s annual Transient Occupancy Tax (TOT) receipts that exceed $2,850,000 for the sole purpose of funding deferred maintenance and capital improvements at the Modesto Centre Plaza. In Fiscal Year 2023-24, the City is estimated to receive total TOT receipts of $3,351,195 and the 30% of the amount that exceeds $2,850,000 that is required to be transferred to the capital improvements for the Modesto Centre Plaza is $150,359. The Fiscal Year 2023-24 originally estimated $249,000 to be transferred to the project. Therefore, a budget adjustment is required in Fiscal Year 2023-24 to reduce the transfer out from the #9..
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General Fund in the amount of $98,641 into the Non-Capital Multi-Year Project 101251 (PRN - MCP Deferred Maintenance) in Fund 4700 (Community Center Operations Fund) to meet the requirements of the agreement concerning TOT revenues. The project revenue and expenditure budget will also be decreased by the same amount of $98,641 per the agreement.

POLICE DEPARTEMENT
 A budget adjustment in the amount of $75,000 is necessary to establish a transfer out from the General Fund (Fund 0100) to the 2022-2025 Board of State and Community Corrections (BSCC) California Violence Intervention and Prevention (CALVIP) Grant Project (101422) in Police – Grants Fund 1342, for the match funds by way of existing staff time and use of facilities within the Police Department and Parks, Recreation and Neighborhoods Department. This was approved by Council on July 12, 2022, per resolution 2022-305, but the item did not include a budget resolution to establish the transfer for the City’s match.
 A budget adjustment in the amount of $8,700 is needed to increase the Police - Grants Fund (1342) for Project 101609 – 2024/2025 Alcoholic Beverage Control (ABC) Grant to recognize the annual revenue received from the Department of Alcoholic Beverage Control from the State of California and allocate to the project discretionary expense budget based on the Alcohol Policing Partnership Program award in the amount of $58,700. Due to the need to begin work on the grant, a budget adjustment in the amount of $50,000 was completed on the City Manager’s authority. The adjustment will increase the budget by an additional $8,700 for a total project budget of $58,700.  A budget adjustment in an amount not to exceed $250,000 is necessary to increase Discretionary Expenses in the Traffic Safety Fund (1600). The fund is currently over budget due to higher-than-expected repair and equipment needs. The increase in budget will be coming from the Fund Reserves.
 A budget adjustment in the amount of $645,000 is necessary in the Police Grants Fund (1342) MPD - Community Health and Assistance Team (CHAT) CCP Fund Cost Center 19396 to increase the Salary and Discretionary Expenditure budgets and corresponding revenue based on the Fiscal Year 2023-2024 actual expenditures in this Cost Center. $466,000 in budgeted Salary Appropriations will be moved from the MPD - HUD ESG Homeless Outreach Cost Center 19205 and MPD - ARPA Outreach Specialists cost center 19206. Cost Centers 19205 and 19206 were previously funded by Housing and Urban Development (HUD) ESG Funding which expired 12/30/2022 and was most recently fund by America Rescue Plan Act (ARPA) funding which was exhausted 9/30/2024. On July 12, 2022, The Modesto Police Department was awarded funding from Stanislaus County Community Corrections Partnership (CPP) funding to support on-going Community Health and Assistance Team (CHAT) Efforts. All employees whose Home Cost Centers were 19205 and 19206 were moved to 19396. This budget adjustment will move remaining budgets in 19205 and 19206 to 19396 and increase the budget enough to cover the existing shortage. As part of the adjustment, a Transfer-in from the General fund will be established in the amount of $6,000 to cover ineligible discretionary or internal service fund expenditures.
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PUBLIC WORKS
 The following adjustments are being made from the various city Fleet Replacement subfunds to the Fleet Replacement Fund (5409). This action is being taken to reimburse the Fleet Replacement Fund (5409) for vehicle purchases that had been made as required by fund accounting rules in FY 23-24 for the activity through June 2024. Below is a table showing the net effect in each sub-fund because of the various adjustments.

Fund Fund Name Net Impact
of
Adjustments
1309 Capital Improvement Support Fleet Replacement $49,661 1709 Surface Transportation Fleet Replacement $517,988
4109 Water Fund Fleet Replacement $1,176,040
4219 Wastewater Fleet Replacement $455,191
4489 Storm Drainage Fleet Replacement Fund $1,364,413
4709 Centre Plaza Fleet Replacement Fund $39,246
4899 Solid Waste Fleet Replacement Fund $536,700
5410 General Fund Equipment Fleet Replacement $2,390936 Total Transfer Outs $6,530,175
5409 Transfer In – Fleet Management Fleet Replacement $6,530,175 Total Transfer Ins $6,530,175
A budget adjustment is necessary to establish a transfer in the amount of $49,661 from the Capital Improvement Support Fleet Replacement Fund to Fleet Replacement Fund for purchase of (1) ½ ton truck.

A budget adjustment is necessary to establish a transfer in the amount of $447,880 from the Surface Transportation Fleet Replacement Fund to Fleet Replacement Fund for purchase of (1) 9-wheel compactor, (1) 4-ton roller vibration, (2) ½ ton trucks, (1) ¾ ton truck, (3) concrete grinder, and (3) concrete push trucks.

A budget adjustment is necessary to establish a transfer in the amount of $1,105,411 from the Water Fund Fleet Replacement Fund to Fleet Replacement Fund for purchase of (8) ¾ ton trucks, (1) 5,000 lb. forklift, (1) forklift variable reach, (1) 15.0 truck with dump, and (1) ¾ ton utility van.

A budget adjustment is necessary to establish a transfer in the amount of $455,191 from the Wastewater Fleet Replacement Fund to Fleet Replacement Fund for purchase of (1) 5,000 lb. forklift, (1) axle truck tractor, and (2) ½ ton trucks.

A budget adjustment is necessary to establish a transfer in the amount of $1,308,861 from the Storm Drain Fleet Replacement Fund to Fleet Replacement Fund for purchase of (2) 60.0 vacuum 3 axle trucks and (1) ¾ ton truck.

A budget adjustment is necessary to establish a transfer in the amount of $39,246 from the Centre Plaza Fleet Replacement Fund to Fleet Replacement Fund for purchase of (1) 5,000 lb. forklift.
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A budget adjustment is necessary to establish a transfer in the amount of $536,700 from the Solid Waste Fleet Replacement Fund to Fleet Replacement Fund for purchase of (2) loaders, (1) 14-yard dump truck, and (1) ½ ton truck.

A budget adjustment is necessary to establish a transfer in the amount of $2,314,752 from General Fund Equipment Fleet Replacement Fund 5410 to Fleet Replacement Fund for purchase of (8) ½ ton trucks, (2) ¾ ton truck, (12) patrol SUV, (3) full size SUVS, (7) 1 ton stake side dump trucks, (1) 7 passenger van, and equipment for Police builds.

UTILITIES
 A budget adjustment in the amount of $19,000,000 is required from the Water Fund (4100) to the Water CIP Fund (4180) for capital project expenditures related to the Water Fund. For tracking purposes, Capital projects are all expensed out of Water CIP Fund (4180) and at end of the fiscal year, a transfer from the Water Fund (4100) is needed to cover the expenses in the Water CIP Fund.
 A budget adjustment in the amount of $100,000 in the Water PCE Mitigation Fund (4112) is necessary to fund ongoing legal costs associated with PCE Litigation. The Water PCE Mitigation Fund (4112) is separate from the Water Fund (4100), and the PCE legal costs are not funded by rate payers.
 A budget adjustment in the amount of $51,000 in the Water 2008 Water Refunding Revenue COP 2008 Series Fund (4130) is necessary to fund the increase in the annual debt service. The increase in cost is due to the variable rate debt which was higher than previously expected.
 A budget adjustment in the amount of $62,000 in the 2015 Wastewater Refunding Private Placement Fund (4241) is necessary to fund the increase in the annual debt service. The increase in cost is due to the variable rate debt which was higher than previously expected.
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FISCAL YEAR 2024-25

PARKS, RECREATION AND NEIGHBORHOODS
 A budget adjustment in the amount of $199,320 is necessary in the Non-Capital MultiYear Project 101251 (PRN – Modesto Center Plaza (MCP) Deferred Maintenance) in Fund 4700 (Community Center Operations Funds) to match the current budget revenue in the project. The Fiscal Year 2024-25 budget included the transfer in from the General Fund to the project but did not increase the expenditure budget for the project. This adjustment will increase the expenditure budget so that it matches and balances the revenue currently on the project.

PUBLIC WORKS
 A budget adjustment in the amount of $822,250 is needed in the Capital Grants – Streets CIP Projects Fund (3160) for Project 101489 – TOC Upgrades. The project recently received an E-76 for construction grant funds from the Department of Transportation (CalTrans) on July 13, 2024. Due to the urgency to begin billing this project, an initial budget adjustment was completed for $25,000. This adjustment will amend the budget by $797,250 to bring the total budget to the awarded grant amount of $822,250. The adjustment will recognize the grant revenue and amend the project discretionary expenditure accounts.
 A budget adjustment is necessary to increase the FY 2024-2025 10th Street JPA Allocation from various City funds for the fiscal year 2024-2025 assessment that was approved by the 10th Street JPA Commission Board on May 28, 2024 for the 10th Street Place, of which, the City’s portion of the increase is $71,554. The assessment of $71,554 has been split amongst several funds of which the breakdown can be seen below.

Fund Name Fund
Total
Change
General Fund 0100 $41,369
HUD Administration 1133 $601
Capital Improvement Support 1300 $4,190
Surface Transportation Fund 1700 $4,278
Water Fund 4100 $9,149
Sewer Operations Fund 4210 $3,133
Solid Waste Fund 4891 $2,610
Mail Services ISF 5120 $198
Information Technology Fund 5230 $4,882
Insurance - Administration Fund 5310 $851
Employee Benefits Fund 5520 $293
Grand Total $71,554
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The adjustment will also increase the revenue and expenses in the 10th Street JPA Fund by amounts below in the following accounts:

Account Amount
5810-52310-42405 (City of Modesto Contribution) $35,777 5810-52310-53505 (Intergovernmental Services - Other) $35,777  A budget adjustment is necessary in the amount of $54,000 to appropriate the revenue and expenditures in the Special Aviation Fund (4320) AIP-046-OnCall Consulting, Project 101613 related to the Federal Aviation Administration (FAA) Grant 3-06-0153- 046-2024 (AIP-046), which includes $48,600 of grant funding and $5,400 of local match funding via transfer from the Stanislaus County Aircraft Tax fund (Fund 4330) to the Special Aviation fund (Fund 4320). $50,000 of revenue, expenditures and transfers have already been budgeted on the City Manager’s signature to pay necessary vendor invoices.
 A budget adjustment in the amount of $129,000 is needed in the Solid Waste Fund (4891) to increase the discretionary expenditure budgets related to amending hauling agreements with various hauling vendors and the Legal Services associated with amending said agreements. The increase in discretionary budgets will come from the fund reserves where there is sufficient funds available.  A budget adjustment in the amount of $1,000,000 is needed in the Surface Transportation Fund (1700) to increase the Upgrade High Voltage FY 23/24 Project (101515) expense budget and establish the Upgrade High Voltage FY 24/25 Project (101616) and increase the transfer out from the Gas Tax Fund (1730) to the two projects. These projects will continue to upgrade the High Voltage Circuits within the City. City Council per resolution 2019-91 recommended the approach to replace 150 high voltage streetlights each year at an estimated cost of $1,000,000. This adjustment is accounting for the actual replacement expenses incurred in Fiscal Year 2023-2024 and anticipated in Fiscal Year 2024-2025 which was not included as part of budget adoption.

UTILITIES
 A budget adjustment in the amount of $177,024 is needed in the Water Fund (4100) to reduce the budget and Wastewater Fund (4210) to increase the budget for reallocation of salary and benefits costs for two Electrical and Instrumentation Technician positions as the positions are being moved from the Water Fund to the Wastewater Fund.  A budget adjustment in the amount of $325,000 is necessary in the Wastewater Fund (4210) Supplemental Environmental Project (Project #101615) to establish the expenditure budget related to a Central Valley Regional Water Quality Board settlement to resolve violations of water quality laws. This adjustment will be processed upon the approval by Central Valley Regional Water Quality Board. The increase in budget will come from the Wastewater reserves.
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Department Director/Budget Manager/City Manager Approved Budget Adjustments EXHIBIT B For FY2023/24
AT #
Approved
by CM,
BM or DD
Fund Fund Name Cost Ctr/Project Name Account Name Rev/Exp/TI/ TO Account
Current
Budget
Increase
(Decrease)
Revised
Budget Description
AT-144 DD 0100 General Fund 14210 - CED Building Safety Budget Only - Salary Adjustment - Decrease Exp $ - $ (77,621) $ (77,621) AT-144 DD 0100 General Fund 14210 - CED Building Safety Budget Only - Benefit Adjustment - Decrease Exp $ - $ (33,266) $ (33,266) AT-144 DD 0100 General Fund 14210 - CED Building Safety Professional Services Exp $ 95,016 $ 47,204 $ 142,220 AT-144 DD 0100 General Fund 14210 - CED Building Safety Legal Services Exp $ - $ 18,676 $ 18,676 AT-144 DD 0100 General Fund 14210 - CED Building Safety Temporary Employee Services Exp $ - $ 45,007 $ 45,007 AT-152 BM 0100 General Fund 31010 - PRN Administration 58030 - ISF Cost Allocation Exp $ - $ 1,106 $ 1,106 A budget adjustment is necessary to move the ISF Cost Allocation Expenses which was incorrectly budgeted to the Downtown Improvement District Cost Center 80300.

The Correct Cost Center should be 31010 - PRN Administration FY2023-2024 AT-154 DD 0100 General Fund 12510 - FIN Purchasing Budget Only - Salary Adjustment - Decrease Exp $ (7,000) $ (27,608) $ (34,608) AT-154 DD 0100 General Fund 12510 - FIN Purchasing Budget Only - Benefit Adjustment - Decrease Exp $ (3,000) $ (11,830) $ (14,830) AT-154 DD 0100 General Fund 12510 - FIN Purchasing Subscription Based Technology Purchases Exp $ - $ 39,438 $ 39,438 AT-164 BM 0100 General Fund 02020 - CMO - City-wide Organization & Dues Professional Services Exp $ 205,339 $ (150) $ 205,189 AT-164 BM 0100 General Fund 01010 - City Council of Modesto Business Expenses Exp $ 33,195 $ 150 $ 33,345 AT-166 BM 0100 General Fund 02020 - CMO - City-wide Organization & Dues Professional Services Exp $ 205,189 $ (50) $ 205,139 AT-166 BM 0100 General Fund 01010 - City Council of Modesto Business Expenses Exp $ 33,345 $ 50 $ 33,395 AT-169 BM 0100 General Fund 02020 - CMO - City-wide Organization & Dues Professional Services Exp $ 205,139 $ (700) $ 204,439 AT-169 BM 0100 General Fund 01010 - City Council of Modesto Cell Phone Utility Expenses Exp $ - $ 700 $ 700 AT--171 CM 0100 General Fund FIN - Accounts Receivable (Accounting) CS-GG-Misc Special Service Rev $ 26,000 $ 31,051 $ 57,051 AT-171 CM 0100 General Fund FIN - Accounts Receivable (Accounting) Professional Services Exp $ 13,328 $ 31,051 $ 44,379 AT-173 BM 0100 General Fund 02020 - CMO - City-wide Organization & Dues Professional Services Exp $ 204,439 $ (5) $ 204,434 AT-173 BM 0100 General Fund 01010 - City Council of Modesto Cell Phone Utility Expenses Exp $ 700 $ 5 $ 705 AT-174 BM 0100 General Fund 01010 - City Council of Modesto Budget Only - Salary Adjustment - Decrease Exp $ - $ (5,000) $ (5,000) AT-174 BM 0100 General Fund 01010 - City Council of Modesto Business Expenses Exp $ 33,395 $ 5,000 $ 38,395 Total Changes for Fund 0100 $ 1,045,085 $ 63,208 $ 1,108,293 AT-159 BM 1130 CDBG Small Business Assistance Program Svcs City Forces-Interfund Exp $ 15,000 $ (1,381) $ 13,619 AT-159 BM 1130 CDBG Small Business Assistance Program Direct Grants Exp $ 100,000 $ (24,566) $ 75,434 AT-159 BM 1130 CDBG CDBG-CV CARES Act Funding Direct Grants Exp $ 418,314 $ (19,451) $ 398,863 AT-159 BM 1130 CDBG CDBG-CV CARES Act Funding Direct Grants Exp $ 33,926 $ (33,926) $ - AT-159 BM 1130 CDBG CDBG-CV CARES Act Funding Svcs City Forces-Interfund Exp $ 9,426 $ 2,478 $ 11,904 AT-159 BM 1130 CDBG CDBG-CV CARES Act Funding Svcs City Forces-Interfund Exp $ 57,773 $ 76,846 $ 134,619 Total Changes for Fund 1130 $ 634,439 $ - $ 634,439
AT-158 BM 1180 Emergency Shelter Grants ESG FY 2022-23 Allocation Activity 1480 Rev $ 56,906 $ (32,515) $ 24,391 AT-158 BM 1180 Emergency Shelter Grants ESG FY 2022-23 Allocation Activity 1481 Rev $ 16,213 $ (14,327) $ 1,886 AT-158 BM 1180 Emergency Shelter Grants ESG FY 2022-23 Allocation Activity 1482 Rev $ - $ 30,129 $ 30,129 AT-158 BM 1180 Emergency Shelter Grants ESG FY 2022-23 Allocation 1480 Rapid Rehousing AUC - Direct Grant Exp $ 50,000 $ (31,129) $ 18,871 AT-158 BM 1180 Emergency Shelter Grants ESG FY 2022-23 Allocation 1480 AD Rapid Rehousing - Services City Forces Interfund Exp $ 8,291 $ (1,386) $ 6,905
A budget adjustment of $110,887 to move salary savings from As to Cs is needed to account for budget overages in cost center 14210 as well as expected expenditures through the end of the fiscal year.

A budget adjustment of $39,438 is necessary to move salary savings from Appropriation Unit A to the expense account "Subscription Based Technology Purchases" in Appropriation Unit C for underbudgeted expenses for Public Bidding Solution Subscription - OPENGOV.

A budget adjustment in the amount of $16,713 is needed to release and reallocate funds in order to match the actual ESG grant award total of $158,317. No impact to the General Fund.

A budget adjustment is necessary to shift CDBG funding for expenses on project tasks in order to use the eligible funding on other projects
A budget adjustment is necessary o cover an invoice from Safe-T-Lite. This budget adjustment will transfer savings of $150 from CMO - City-wide Organization & Dues' Professional Services account to City Council's Business Expense account for Fiscal Year 2023-2024 to cover this invoice.

A budget adjustment is necessary o cover an invoice from Safe-T-Lite. This budget adjustment will transfer savings of $50 from CMO - City-wide Organization & Dues' Professional Services account to City Council's Business Expense account for Fiscal Year 2023-2024 to cover this invoice.

A budget adjustment is necessary to cover an AT&T invoice in the amount of $713.56.

This budget adjustment will transfer savings of $700 from CMO - City-wide Organization & Dues' Professional Services account to City Council's Cell Phone Utility Expense account for Fiscal Year 2023-2024 to cover this invoice.

A budget adjustment of $31,051 is necessary to recognize revenue received from sale of surplus items and to appropriate it for expenditures in a like amount.

A budget adjustment is necessary to cover a Verizon invoice in the amount of $38.01.

This budget adjustment will transfer savings of $5.00 from CMO - City-wide Organization & Dues' Professional Services account to City Council's Cell Phone Utility Expense account for Fiscal Year 2023-2024 to cover this invoice.

This budget adjustment will transfer salary savings of $5,000 from City Council's Appropriation Unit A to City Council's Appropriation Unit C to fund the payments of various June invoices for City Council's cost center for Fiscal Year 2023-2024. #9..
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Department Director/Budget Manager/City Manager Approved Budget Adjustments EXHIBIT B For FY2023/24
AT #
Approved
by CM,
BM or DD
Fund Fund Name Cost Ctr/Project Name Account Name Rev/Exp/TI/ TO Account
Current
Budget
Increase
(Decrease)
Revised
Budget Description
AT-158 BM 1180 Emergency Shelter Grants ESG FY 2022-23 Allocation 1481 HMIS AUC - Direct Grant Exp $ 14,327 $ (14,327) $ - AT-158 BM 1180 Emergency Shelter Grants ESG FY 2022-23 Allocation 1482 HP AUC - Direct Grant Exp $ - $ 30,129 $ 30,129 AT-160 BM 1180 Emergency Shelter Grants ESG-CV CARES Act Funding Federal-Housing Urban Development Rev $ 45,000 $ 23,221 $ 68,221 AT-160 BM 1180 Emergency Shelter Grants ESG-CV CARES Act Funding Svcs City Forces-Interfund Exp $ 50,000 $ 23,221 $ 73,221 AT-177 BM 1180 ESG 101409 - ESG FY 2022-23 Allocation Svcs City Forces-Interfund Exp $ 4,501 $ (1) $ 4,500 AT-177 BM 1180 ESG 101409 - ESG FY 2022-23 Allocation Direct Grants Exp $ 18,871 $ (1) $ 18,870 AT-177 BM 1180 ESG 101409 - ESG FY 2022-23 Allocation Direct Grants Exp $ 30,129 $ 2 $ 30,131 AT-178 BM 1180 ESG 101409 - ESG FY 2022-23 Allocation Direct Grants Exp $ 18,870 $ (281) $ 18,589 AT-178 BM 1180 ESG 101409 - ESG FY 2022-23 Allocation Direct Grants Exp $ 30,131 $ 281 $ 30,412 Total Changes for Fund 1180 $ 343,239 $ 13,016 $ 356,255 AT-152 BM 1200 Downtown Improvement District 80030 - CED-Downtown Improvement District 58030 - ISF Cost Allocation Exp $ 1,106 $ (1,106) $ - A budget adjustment is necessary to move the ISF Cost Allocation Expenses which was incorrectly budgeted to the Downtown Improvement District Cost Center 80300.

The Correct Cost Center should be 31010 - PRN Administration FY2023-2024.

Total Changes for Fund 1200 $ 1,106 $ (1,106) $ -
AT-155 DD 1300 Capital Improvement Support 13220 - Transportation Engineering and Design Budget Only - Salary Adjustment - Decrease Exp $ - $ (70,000) $ (70,000) AT-155 DD 1300 Capital Improvement Support 13220 - Transportation Engineering and Design Budget Only - Benefit Adjustment - Decrease Exp $ - $ (45,000) $ (45,000) AT-155 DD 1300 Capital Improvement Support 42025 - CIS Division - Part-Time Staff Salaries & Wages - Part-Time Exp $ 126,420 $ (126,420) $ - AT-155 DD 1300 Capital Improvement Support 13215 - Construction Admin - PT Staff Service Credits - Intrafund Exp $ - $ (40,683) $ (40,683) AT-155 DD 1300 Capital Improvement Support 13225 - Transportation Engineering and Design - PT Staff Service Credits - Intrafund Exp $ - $ (20,000) $ (20,000) AT-155 DD 1300 Capital Improvement Support 13220 - Transportation Engineering and Design PC Software and Supplies Exp $ 11,830 $ 3,000 $ 14,830 AT-155 DD 1300 Capital Improvement Support 13220 - Transportation Engineering and Design Printing and Binding Exp $ 300 $ 1,000 $ 1,300
AT-155 DD 1300 Capital Improvement Support 13220 - Transportation Engineering and Design Rental of Real Property Exp $ 39,000 $ 40,000 $ 79,000 AT-155 DD 1300 Capital Improvement Support 13220 - Transportation Engineering and Design Professional Services Exp $ 1,000 $ 71,000 $ 72,000 AT-155 DD 1300 Capital Improvement Support 13215 - Construction Admin - PT Staff Salaries & Wages - Part-Time Exp $ - $ 100,000 $ 100,000 AT-155 DD 1300 Capital Improvement Support 13225 - Transportation Engineering and Design - PT Staff Salaries & Wages - Part-Time Exp $ - $ 26,420 $ 26,420 AT-155 DD 1300 Capital Improvement Support 42025 - CIS Division - Part-Time Staff Service Credits - Intrafund Exp $ (60,683) $ 60,683 $ - Total Changes for Fund 1300 $ 117,867 $ - $ 117,867
AT-157 BM 1301 Capital Improvement Support -
Survey Equipment Replacement
13211 - ENG - Capital Improvement
Replacement - Survey Equipment Tools and Field Supplies <$5,000 Exp $ 2,500 $ 1,000 $ 3,500 A budget adjustment is necessary to increase the budget in the Tools and Field Supplies account within Fund 1301. The increase in budget will cover expenses related to repairs on survey equipment. The increase in budget will be covered by Fund 1301 reserves.

Total Changes for Fund 1301 $ 2,500 $ 1,000 $ 3,500
AT-151 CM 1321 Public Educational Governmental
(PEG) Fund
101601 - Media Communications Center
Equipment AUC - Video Equipment < $5,000 Exp $ - $ 50,000 $ 50,000 The budget adjustment will establish the Non-Capital Project budget in the amount of $50,000 for the Media Communications Center Equipment project. This project will be used to track PEG Fund eligible expenditures for the purchase of capital equipment related to the build out of the City's Media Communication Center. Purchases will include camera and video equipment and other accessories to outfit the first phase of the future media communication center for the City of Modesto. The project will be funded from PEG Funds.

Total Changes for Fund 1321 $ - $ 50,000 $ 50,000
AT-143 BM 1340 Grants - Operation Block Grants 14998 - CED - Non-Capital Projects Interest Revenue on Bank Account Rev $ 316 $ 14,096 $ 14,412 A budget adjustment is necessary to reappropriate salary savings within the Transportation Engineering and Design cost center to various Appr Unit C accounts.

Additionally, the part-time budget is being clean-up so that it budgeted in the correct Engineering cost centers for the fiscal year. The current budget is in a cost center that is no longer being used. The overall budget for the Capital Improvement Support fund is not changing.

A budget adjustment is necessary to increase the ESG CV CARES revenue and expense funding on project 101258. There is no impact to the General fund.

A budget adjustment is necessary to increase the revenue and expense budget for the Go-Biz Cannabis Equity Grant project. This interest revenue is received and distributed directly to the project because the grant is paid up front (not reimbursement based) and

A budget adjustment is necessary to move funds from one task to another to utilize full grant funding and also under the correct HUD activity
A budget adjustment is necessary to move funds from one task to another to utilize full grant funding and also under the correct HUD activity
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Department Director/Budget Manager/City Manager Approved Budget Adjustments EXHIBIT B For FY2023/24
AT #
Approved
by CM,
BM or DD
Fund Fund Name Cost Ctr/Project Name Account Name Rev/Exp/TI/ TO Account
Current
Budget
Increase
(Decrease)
Revised
Budget Description
AT-143 BM 1340 Grants - Operation Block Grants 14998 - CED - Non-Capital Projects AUC-PLEDGE - Professional Services Exp $ 350,000 $ 14,096 $ 364,096 Total Changes for Fund 1340 $ 350,316 $ 28,192 $ 378,508 AT-181 BM 1346 CED Grants Reimbursed 101575 - Traveler's Motel 48010 - Interest Revenue Rev $ - $ 8,064 $ 8,064 AT-181 BM 1346 CED Grants Reimbursed 101575 - Traveler's Motel Svcs City Forces-Interfund Exp $ - $ 8,064 $ 8,064 Total Changes for Fund 1346 $ - $ 16,128 $ 16,128
AT-149 CM 1341 Grants - Operation Grants
Reimbursed 101599 CCPP FY24 Intergov - State/CalRecycle Rev $ - $ 54,534 $ 54,534 AT-149 CM 1341 Grants - Operation Grants
Reimbursed 101599 CCPP FY24 AUC - Beverage Container Collection Exp $ - $ 30,034 $ 30,034 AT-149 CM 1341 Grants - Operation Grants
Reimbursed 101599 CCPP FY24 AUC - Litter Clean-Up Exp $ - $ 2,000 $ 2,000 AT-149 CM 1341 Grants - Operation Grants
Reimbursed 101599 CCPP FY24 AUC - Advertising Exp $ - $ 2,500 $ 2,500 AT-149 CM 1341 Grants - Operation Grants
Reimbursed 101599 CCPP FY24 AUC - Recycling Education Exp $ - $ 2,500 $ 2,500 AT-149 CM 1341 Grants - Operation Grants
Reimbursed 101599 CCPP FY24 AUC - Svcs City Forces Exp $ - $ 17,500 $ 17,500 Total Changes for Fund 1341 $ - $ 109,068 $ 109,068
AT-156 DD 1700 Surface Transportation Fund 53510 - Traffic Engineering Budget Only - Salary Adjustment - Decrease Exp $ - $ (326,421) $ (326,421) AT-156 DD 1700 Surface Transportation Fund 53510 - Traffic Engineering Budget Only - Benefit Adjustment - Decrease Exp $ - $ (43,686) $ (43,686) AT-156 DD 1700 Surface Transportation Fund 53540 - Electrical Division Budget Only - Salary Adjustment - Decrease Exp $ - $ (50,000) $ (50,000) AT-156 DD 1700 Surface Transportation Fund 53540 - Electrical Division Budget Only - Benefit Adjustment - Decrease Exp $ - $ (50,000) $ (50,000) AT-156 DD 1700 Surface Transportation Fund 53550 - Traffic Operations Budget Only - Salary Adjustment - Decrease Exp $ - $ (40,000) $ (40,000) AT-156 DD 1700 Surface Transportation Fund 53550 - Traffic Operations Budget Only - Benefit Adjustment - Decrease Exp $ - $ (10,000) $ (10,000) AT-155 DD 1300 Capital Improvement Support 53510 - Traffic Engineering Budget Only - Salary Adjustment - Increase Exp $ (113,885) $ 141,421 $ 27,536 AT-156 DD 1700 Surface Transportation Fund 53510 - Traffic Engineering Budget Only - Benefit Adjustment - Increase Exp $ (29,885) $ 41,686 $ 11,801 AT-156 DD 1700 Surface Transportation Fund 53510 - Traffic Engineering PC Software and Supplies Exp $ 2,499 $ 40,000 $ 42,499 AT-156 DD 1700 Surface Transportation Fund 53520 - Electrical Utility Cost General Utility Expenses Exp $ 700,000 $ 170,000 $ 870,000 AT-156 DD 1700 Surface Transportation Fund 53550 - Traffic Operations Oil Lubricants Expenses Exp $ 2,999 $ 2,000 $ 4,999 AT-156 DD 1700 Surface Transportation Fund 53550 - Traffic Operations Tools and Field Supplies <$5,000 Exp $ 16,999 $ 6,000 $ 22,999 AT-156 DD 1700 Surface Transportation Fund 53550 - Traffic Operations Repair and Maintenance Services - Real Property Exp $ 268,953 $ 119,000 $ 387,953
Total Changes for Fund 1700 $ 847,680 $ - $ 847,680
AT-146 CM 1800 Economic Development/Strategic
Plan Fund
101598 - CED - Time and materials
budget for the Martin Project CS - CD - Time and Materials Fees Rev $ - $ 10,000 $ 10,000 AT-146 CM 1800 Economic Development/Strategic
Plan Fund
101598 - CED - Time and materials
budget for the Martin Project AUC Svcs City Forces - Interfund Exp $ - $ 3,000 $ 3,000 AT-146 CM 1800 Economic Development/Strategic
Plan Fund
101598 - CED - Time and materials
budget for the Martin Project AUC Professional Services Exp $ - $ 7,000 $ 7,000 AT-150 CM 1800 Economic Development/Strategic
Plan Fund 101589 Founders Point East SP CS - CD - Time and Materials Fees Rev $ - $ 10,000 $ 10,000 AT-150 CM 1800 Economic Development/Strategic
Plan Fund 101589 Founders Point East SP AUC - Svcs City Forces - Interfund Exp $ - $ 3,000 $ 3,000 AT-150 CM 1800 Economic Development/Strategic
Plan Fund 101589 Founders Point East SP AUC - Professional Services Exp $ - $ 7,000 $ 7,000 Total Changes for Fund 1800 $ - $ 40,000 $ 40,000
AT-168 DD 1820 Cannabis Fund 14471 - Cannabis Annual Permit Fee Program Legal Services Exp $ 79,612 $ (20,000) $ 59,612 AT-168 DD 1820 Cannabis Fund 14472 - Cannabis Permit Application Costs Professional Services Exp $ - $ 5,000 $ 5,000
AT-168 DD 1820 Cannabis Fund 14472 - Cannabis Permit Application Costs Legal Services Exp $ - $ 10,000 $ 10,000
A budget adjustment is necessary to establish the budget for a time and material project for the Martin Project. The project is funded by a $10,000 deposit.

A budget adjustment is necessary in the amount of $54,534 from the City/County Payment Program through CalRecycle. These funds will be utilized to enhance the current recycling program and expand our efforts through education and outreach, advertising and collection programs. In addition, allocated funds will support a designated staff member.

A budget adjustment is necessary to establish the budget for a time and material project for the Founders Point East Specific Plan. The project is funded by a $10,000 deposit.

A budget adjustment of $20,000 within the 1820 fund is necessary to establish the budget for the newly created commercial cannabis permit application cost center 14472.

directly to the project because the grant is paid up front (not reimbursement based) and therefore the cash sitting in our bank account is included in an investment pool which earns interest.

A budget adjustment is necessary to account for interest revenue received which is distributed directly to the project because the grant is paid up front (not reimbursement based)
A budget adjustment is necessary to reappropriate salary savings within the Traffic Engineering, Electrical Division, and Traffic Operations Division to various Appr Unit C accounts. There has been increases in costs related to Repair and Maintenance Real Property, Tools and Field Supplies, and General Utility Expenses. There are sufficient savings from vacancies within the cost centers to cover the overage. The overall budget for the Traffic cost centers is not changing.
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Department Director/Budget Manager/City Manager Approved Budget Adjustments EXHIBIT B For FY2023/24
AT #
Approved
by CM,
BM or DD
Fund Fund Name Cost Ctr/Project Name Account Name Rev/Exp/TI/ TO Account
Current
Budget
Increase
(Decrease)
Revised
Budget Description
AT-168 DD 1820 Cannabis Fund 14472 - Cannabis Permit Application Costs Services City Forces - Interfund Exp $ - $ 5,000 $ 5,000 Total Changes for Fund 1820 $ 79,612 $ - $ 79,612
AT-167 BM 1850 Disability Access and Education
Fund CED - Disability Access and Education CS - CD - Disability Access and Education Fee Rev $ 40,000 $ 1,000 $ 41,000 AT-167 BM 1850 Disability Access and Education
Fund CED - Disability Access and Education Services City Forces - Interfund Exp $ 3,500 $ 1,000 $ 4,500 Total Changes for Fund 1850 $ 43,500 $ 2,000 $ 45,500
AT-145 BM 3140 Capital Grants - CIP Projects 101276 - Chavez Park Renovation CTGY- CIP - Contingency CIP Exp $ 310,070 $ (55,000) $ 255,070 AT-145 BM 3140 Capital Grants - CIP Projects 101276 - Chavez Park Renovation EDA - Eng/Design/Admin Exp $ 974,000 $ 55,000 $ 1,029,000 Total Changes for Fund 3140 $ 1,284,070 $ - $ 1,284,070 AT-175 BM 3160 Capital Grants - Streets CIP
Projects 100727 - Bus Turnout SB Dale Road Land Acquisition Exp $ 161,090 $ (13,365) $ 147,725 AT-175 BM 3160 Capital Grants - Streets CIP
Projects 100727 - Bus Turnout SB Dale Road Eng/Design/Admin Exp $ 117,296 $ 6,948 $ 124,244 AT-175 BM 3160 Capital Grants - Streets CIP
Projects 100727 - Bus Turnout SB Dale Road Utility and EIR Exp $ 1,500 $ 6,417 $ 7,917 Total Changes for Fund 3160 $ 279,886 $ - $ 279,886
AT-170 BM 3246 CFD Village #2 CED - Fairview Village #2 Annexation Professional Services Exp $ 18,000 $ 8,725 $ 26,725 AT-170 BM 3246 CFD Village #2 CED - Fairview Village #2 Annexation Legal Services Exp $ 5,121 $ 99 $ 5,220 Total Changes for Fund 3246 $ 23,121 $ 8,824 $ 31,945
AT-147 BM 3300 Measure L - Capital Projects 101246 - Briggsmore-McHenry to Oakdale City Construction Forces Exp $ 10,000 $ (9,871) $ 129 AT-147 BM 3300 Measure L - Capital Projects 101246 - Briggsmore-McHenry to Oakdale Construction Exp $ 4,239,060 $ (59,728) $ 4,179,332 AT-147 BM 3300 Measure L - Capital Projects 101246 - Briggsmore-McHenry to Oakdale Contingency - CIP Exp $ 413,906 $ (13,583) $ 400,323 AT-147 BM 3300 Measure L - Capital Projects 101246 - Briggsmore-McHenry to Oakdale Construction Administration Exp $ 339,124 $ 79,757 $ 418,881 AT-147 BM 3300 Measure L - Capital Projects 101246 - Briggsmore-McHenry to Oakdale Eng/Design/Admin Exp $ 372,000 $ 3,425 $ 375,425 AT-148 BM 3300 Measure L - Capital Projects 101040 - Orville Wright Elementary Improvements Eng/Design/Admin Exp $ 95,189 $ (1,112) $ 94,077 AT-148 BM 3300 Measure L - Capital Projects 101040 - Orville Wright Elementary Improvements Construction Administration Exp $ 70,532 $ 1,112 $ 71,644 Total Changes for Fund 3300 $ 5,539,811 $ - $ 5,539,811 AT-162 BM 4112 Water PCE Mitigation 100462 - Water PCE Mitigation Site 1 Professional Services Exp $ 3,721,868 $ 236,821 $ 3,958,689 A budget adjustment is necessary to increase the project budget for the PCE Mitigation Site 1 project. The adjustment was approved by the City Attorney's Office.

Total Changes for Fund 4112 $ 3,721,868 $ 236,821 $ 3,958,689 AT-176 BM 4180 Water Fund - CIP Projects 100473 - Del Rio Water Tank Environmental Exp $ 374,018 $ (1) $ 374,017 AT-176 BM 4180 Water Fund - CIP Projects 100473 - Del Rio Water Tank Land Acquisition Exp $ 311,115 $ 1 $ 311,116 Total Changes for Fund 4180 $ 685,133 $ - $ 685,133
AT-165 BM 4210 Wastewater Fund CA Construction Admin Exp $ 221,647 $ (5,000) $ 216,647 AT-165 BM 4210 Wastewater Fund EDA Eng/Design/Admin Exp $ 280,844 $ 5,000 $ 285,844 Total Changes for Fund 4210 $ 502,491 $ - $ 502,491
AT-161 BM 6480 LMAD #1 Landscape Assessment District #1 Repair and Maintenance Services - Landscape Exp $ 10,477 $ 1,200 $ 11,677
A budget adjustment of $1,200 is necessary to increase expense budget for the Repair and Maintenance Landscaping expense account. There are sufficient fund reserves for the increase in expense budget.

Total Changes for Fund 6480 $ 10,477 $ 1,200 $ 11,677
AT-153 BM 6710 TRRP CIP Fund 101071 - TRRP Boat Launch CON - Construction Exp $ 1,758,955 $ (100,000) $ 1,658,955 AT-153 BM 6710 TRRP CIP Fund 101071 - TRRP Boat Launch CTGY-CIP - Contingency Exp $ 51,416 $ 100,000 $ 151,416 Total Changes for Fund 6710 $ 1,810,371 $ - $ 1,810,371 A budget adjustment is required to increase the EDA task to cover remaining Additional Services requests regarding Design and additional staff time.

A budget adjustment is necessary to reallocate budget between tasks for project closeout. All expenses have been incurred and there are savings on the tasks that can be reallocated. No additional budget is being added to the project overall.

A budget adjustment is necessary to reallocate funds from the Construction Admin task to Eng/Design/Admin to cover staff time.

A budget adjustment of $1,000 is necessary to recognize revenue received and to increase expenditures in a like amount.

A budget adjustment of $8,824 is necessary to increase the Professional and Legal Services expense accounts to cover invoices for Fairview Village #2. Additional A budget adjustment is necessary to move $100,000 from the CON Task to CTGY Task to pay the final Change Order related to the Construction Contract.

A budget adjustment is necessary to reallocate funds between tasks on Project 100727. The project actuals are balanced and the project is now being closed, but the negative tasks need to be cleaned up.

A budget adjustment is necessary to reallocate $1 from the ENV to LA task on the project. The LA task is over by $0.35 and reallocate needs to bring the task within #9..
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Department Director/Budget Manager/City Manager Approved Budget Adjustments EXHIBIT B For FY2024/25
AT #
Approved
by CM,
BM or DD
Fund Fund Name Cost Ctr/Project Name Account Name Rev/Exp/TI/ TO Account
Current
Budget
Increase
(Decrease)
Revised
Budget Description
AT-015 BM 1170 HOME 101593 - HOME FY 2024-25 Allocation Direct Loans Exp $ 698,804 $ 1 $ 698,805 AT-015 BM 1170 HOME 101593 - HOME FY 2024-25 Allocation Svcs City Forces - Interfund Exp $ 77,645 $ (1) $ 77,644 Total Changes for Fund 1170 $ 776,449 $ - $ 776,449
AT-001 CM 1321 PEG Funds 17425 - IT - Public Educational and Governmental (PEG) operations
57002 - Furnishing and Office Equipment >
$5,000 Exp $ - $ 25,933 $ 25,933
A budget adjustment is necessary to increase the Furnishing and Office Equipment > $5,000 account by $25,933 in the PEG Operations Cost Center to fund the purchase of new tables and chairs in Room 2001 located on the 2nd floor in the Tenth Street Place building. The room is used primarily for the broadcast of Council sub-committee meetings and a meeting space for community board meetings and these chairs and tables fall under the use of capital purchases under PEG Funds.

Total Changes for Fund 1321 $ - $ 25,933 $ 25,933
AT-009 BM 1341 Grant-Op Grants Reimbursed 101408 - SB1383 Local Assistance Grant Interest Revenue on Bank Account Rev $ 14,454 $ 1,359 $ 15,813 AT-009 BM 1341 Grant-Op Grants Reimbursed 101408 - SB1383 Local Assistance Grant Appr. C Tools & Equipment > $5,000 Exp $ 203,700 $ 1,359 $ 205,059 AT-005 BM 1342 Police Grants 101610 - 24/25 BHRS Party Patrol Grant Appr Unit A - Police Overtime Exp $ - $ 10,000 $ 10,000 AT-005 BM 1342 Police Grants 101610 - 24/25 BHRS Party Patrol Grant Intergov - Other misc Grants Donations Rev $ - $ 10,000 $ 10,000 AT-008 BM 1342 Police Grants 101609 - 24/25 ABC Grant Police Overtime Exp $ - $ 50,000 $ 50,000 AT-008 BM 1342 Police Grants 101609 - 24/25 ABC Grant Intergov - State - Misc Grants Rev $ - $ 50,000 $ 50,000 Total Changes for Fund 1342 $ - $ 122,718 $ 120,000
AT-011 BM 1390 American Rescue Plan Act 101520 - Homeless Support Professional Services Exp $ 276,000 $ (14,278) $ 261,722 AT-011 BM 1390 American Rescue Plan Act 101549 - Homeless Services Professional Services Exp $ 88,755 $ 14,278 $ 103,033 Total Changes for Fund 1390 $ 364,755 $ - $ 364,755
AT-010 BM 3160 Capital Grants - Streets CIP
Projects 101489 - TOC Upgrade Intergov-State-CA Dept. of Transportation Rev $ - $ 25,000 $ 25,000 AT-010 BM 3160 Capital Grants - Streets CIP
Projects 101489 - TOC Upgrade Svcs City Forces - Interfund Exp $ - $ 25,000 $ 25,000 Total Changes for Fund 3160 $ - $ 50,000 $ 50,000
AT-004 BM 4112 Water PCE Mitigation 100465 - Water PCE Mitigation Site 1 Appr Unit C Exp $ 3,958,669 $ 25,000 $ 3,983,669 A budget adjustment is necessary to Increase project budget to cover staff time expenses associated with Admin of Consultant Agreement.

Total Changes for Fund 4112 $ 3,958,669 $ 25,000 $ 3,983,669 AT-016 BM 4212 Wastewater PCE Mitigation 42130 - UTL Wastewater PCE Litigation (6212) Microfilm Supplies Exp $ - $ 500 $ 500 A budget adjustment is necessary to increase the Microfilm Supplies account in Fund 4212 for necessary operating expenses.

Total Changes for Fund 4212 $ - $ 500 $ 500
AT-014 BM 6100 JPA - Industrial Fire 80040 - Industrial Fire JPA Svcs City Forces - Interfund Exp $ 8,758 $ (4,258) $ 4,500 A budget adjustment is necessary to correct the Industrial Fire budget in Oracle, to match the budget approved by the Industrial Fire Joint Protection Agency. The difference is due to the calculation of the Annual Direct Charge Agreement.

Total Changes for Fund 6100 $ 8,758 $ (4,258) $ 4,500
AT-007 BM 6710 TRRP CIP Fund 101477 - Mancini Park Playground CTGY-CIP Exp $ 37,000 $ (17,000) $ 20,000 AT-007 BM 6710 TRRP CIP Fund 101477 - Mancini Park Playground EDA Exp $ 25,000 $ 17,000 $ 42,000 Total Changes for Fund 6710 $ 62,000 $ - $ 62,000
A budget adjustment is necessary to revise the budgeted amount on the admin staff task line to match the authorized amount for admin costs per grant agreement.

A budget adjustment is necessary to move funds to EDA for the design agreement for Mancini Park Playground with O'Dell
A budget adjustment is necessary to recognize $25,000 in grant revenue on Project 101489 and increase the project expense budget. The remaining grant funds will be recognized on a future monthly budget adjustment.

A budget adjustment is necessary to establish Grant Project budget, $10,000 A budget adjustment in the amount of $14,278 in American Rescue Plan Act (ARPA) Funds is needed to reallocate funds from project 101520 to project 101549 as allowed A budget adjustment is needed in the amount of $50,000 to establish initial project budget for the 24/25 ABC Grant
A budget adjustment in the amount of $1,359 is necessary to recognize revenue received from interest earned and to program offsetting expenses in a like amount. #9..
- 101 -
Position Allocation Amendment
FY 2024/2025
Effective September 10, 2024
QTY OPN Description of Adjustment Position Department Division Current
CC# CC# Move To
Division
Moving To

1.00 1433 Move (1) Multimedia Designer Multimedia Designer CMO Communication and Legilative Affairs 02015 14180 Economic Development

1.00 0037 Range Change - Traffic Engineer 458 Traffic Engineer Engineering Transportation Engineering and Design 13220 n/a n/a

3.00 New Add (3) Police Technician Police Technician MPD Measure H - Real Time Crime Center - RTCC 19326 n/a n/a

1.00 1598 Eliminate (1) Public Safety Communications Manager Public Safety Communications Manager MPD Records and Support 19420 n/a n/a

1.00 1580 Move (1) Maintenance Worker II Maintenance Worker II MPD Investigations Services 19220 19521 Measure H - Alt Response Unit

1.00 1352 Move (1) Police CSO Police Community Service Officer MPD Investigative Services 19220 19511 Measure H Area Command

1.00 New Add (1) Administrative Office Assistant III Administrative Office Assistant III Public Works Building Administration 52110 n/a n/a

1.00 1323 Move (1) Electrician from cc 45050 to cc 44313 Electrcian Utilities Water Wells and Tanks 45050 44313 Sutter Plant Maintenance

1.00 0666 Move (1) Electrician from cc 45050 to cc 44313 Electrcian Utilities Water Wells and Tanks 45050 44313 Sutter Plant Maintenance #9..
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Classification Plan Amendments
FY 2024/2025
Effective September 10, 2024
QTY Dept OPN Position Title Description of Adjustment
Salary Range
Assignment Division Cost Center

1.00 CED 0037 Traffic Engineer Range change from 454 to 458 458 ENG.Transporation Engineering and
Design 13220
#9..
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CITY OF MODESTO

CLASS RANGE TABLE

REPRESENTED MANAGEMENT AND CONFIDENTIAL NON-SWORN

CLASSES
Effective September 10, 2024

RANGE TITLE

411 Administrative Office Assistant II (Confidential)
412 Account Clerk I (Confidential)
415 Administrative Office Assistant III (Confidential)
Human Resources Assistant
ICMA Management Fellow
416 Account Clerk II (Confidential)
417 Parking Enforcement Officer
419 Police Support Specialist II (Confidential)
Senior Administrative Office Assistant (Confidential)
Senior Human Resources Assistant
420 Workers’ Compensation Claims Assistant
421 Legal Secretary I
422 Account Technician I (Confidential)
Deputy City Clerk
Homeless Management Information System (HMIS) Technician 423 Administrative Services Technician I (Confidential) Custodian Supervisor
Executive Assistant
Human Resources Technician I
Workers’ Compensation Claims Examiner I
424 Buyer
425 Systems Technician I
#9..
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City of Modesto
Class Range Table – Management and Confidential Non-Sworn Classes
Page -2 effective June 18, 2024

RANGE TITLE
426 Account Technician II (Confidential)
Employee Benefits Coordinator
Homeless Management Information System (HMIS) Program
Coordinator
Legal Secretary II
427 Administrative Services Technician II (Confidential) Human Resources Technician II
Office Supervisor Confidential
Safety Specialist
428 Police Technician Supervisor
Public Safety Outreach Supervisor
Senior Legal Secretary
Workers’ Compensation Claims Examiner II
429 Financial Analyst I
Risk Analyst I
Systems Technician II
Utility Dispatch Supervisor
430 Administrative Analyst I
Central Stores Supervisor
Senior Buyer
Senior Legal Secretary
Senior Systems Technician
Technology Solutions Analyst I
431 Animal Control Supervisor
Assistant City Clerk
Assistant Planner
Human Resources Analyst I
Police Range and Training Center Coordinator
432 Senior Workers' Compensation Claims Examiner
#9..
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City of Modesto
Class Range Table – Management and Confidential Non-Sworn Classes
Page -3 effective June 18, 2024

RANGE TITLE
433 Events Coordinator
Financial Analyst II
Junior Landscape Designer
Neighborhood Preservation Supervisor
Parking Adjudication Program Coordinator
Parking Services Supervisor
Risk Analyst II
Senior Systems Technician
Software Analyst I
Systems Engineer I
Water Resources Analyst
434 Administrative Analyst II
Junior Engineer
Police Civilian Supervisor
Police Hiring Supervisor
Recreation Supervisor
Technology Solutions Analyst II
435 Assistant Surveyor
Assistant Transportation Planner
Compost Facility Supervisor
Human Resources Analyst II
Recycling Program Coordinator
Solid Waste Enforcement Supervisor
436 Associate Planner
Housing Rehabilitation Supervisor
Operations Supervisor
Public Safety Information Coordinator
#9..
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City of Modesto
Class Range Table – Management and Confidential Non-Sworn Classes
Page -4 effective June 18, 2024

RANGE TITLE
437 Assistant Landscape Designer
Customer Services Supervisor
Emergency Medical Services Coordinator - RN
Financial Analyst III
Senior Events Coordinator
Software Analyst II
Systems Engineer II
Transit Analyst
Weed and Seed Program Coordinator
438 Assistant Engineer
Business Analyst
Cultural Services Program Manager
Management Analyst
Senior Crime and Intelligence Analyst
439 Associate Transportation Planner
Organizational Development Coordinator
Plant Maintenance Supervisor
Risk and Loss Control Coordinator
Senior Community Development Program Specialist
Senior Human Resources Analyst
440 Economic Development Marketing Specialist
Environmental Services Supervisor
Integrated Waste Specialist
#9..
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City of Modesto
Class Range Table – Management and Confidential Non-Sworn Classes
Page -5 effective June 18, 2024

RANGE TITLE
441 Associate Landscape Architect/Associate Architect
Auditor I
Housing and Urban Development Supervisor
Infrastructure Financing Program Supervisor
Public Safety Business Services Analyst
Senior Financial Analyst
Senior Planner
Senior Software Analyst
Senior Systems Engineer
Utilities Plant Operations Supervisor
Utilities Services Supervisor
442 Administrative Services Officer
Associate Land Surveyor
Associate Engineer
Auditor II
Electrical Supervisor
EMS Quality Improvement Coordinator
Laboratory Supervisor
Police Civilian Manager
Safety Officer
Senior Business Analyst
443 Centre Plaza Manager
Construction Inspection Supervisor
Customer Services Manager
Senior Transportation Planner
444 Environmental Regulatory Compliance Superintendent
Plant Maintenance Superintendent
Purchasing Manager
Recreation Program Manager
Revenue Collections and Compliance Manager
Wastewater Collections Systems Superintendent
Water Superintendent
#9..
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City of Modesto
Class Range Table – Management and Confidential Non-Sworn Classes
Page -6 effective June 18, 2024

RANGE TITLE
445 Senior Landscape Architect/Senior Architect
Building Inspection Supervisor
Building Safety Program Coordinator
Community and Media Relations Officer
Information Technology Security Officer
Principal Database Administrator
Principal Systems Engineer
Public Safety Communications Manager
446 Airport Manager
Deputy Fire Marshall
Environmental Regulatory Compliance Manager
Facilities Manager
Water Quality Control Superintendent – Chief Plant Operator 447 Accounting Manager
Budget Manager
Senior Land Surveyor
448 Associate Civil/Traffic Engineer
Forestry Manager
Recreation and Neighborhoods Services Manager
Transit Manager
449 Fleet Manager
Integrated Waste Program Manager
Principal Planner
Streets Manager
450 Assistant Chief Building Official
Business Center Manager
Wastewater Collections Systems Manager
Wastewater Division Manager
Water Quality Control Plant Manager
Water Division Manager
#9..
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City of Modesto
Class Range Table – Management and Confidential Non-Sworn Classes
Page -7 effective June 18, 2024

RANGE TITLE
452 Operations Manager
Parks Planning and Development Manager
453 Information Technology Manager
Parks Recreation & Neighborhoods Operations Manager
Planning Manager
Senior Public Works Manager
454 Economic Development Manager
Traffic Engineer
455 Community Development Manager
456 Chief Building Official
Senior Civil/Traffic Engineer
460 Assistant City Engineer
461 Engineering Division Manager
462 City Engineer
#9..
- 110 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

September 10, 2024
Date: August 1, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Third Amendment with Harris & Associates for Community Facilities Districts Engineering Services
CONTACT: Edgar Garcia, Community Development Manager
[email protected], 209-577-5211
DESCRIPTION:

Consider approving a Third Amendment to an Agreement with Harris & Associates to provide Community Facilities Districts Engineering Services, increasing the Agreement amount by $200,000 through the duration of the Agreement. (Funding Source: Various Community Facilities Districts and Developer Deposits)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The City of Modesto’s Community Facilities Districts (CFDs) are created to provide a funding and reimbursement mechanism for public facilities and/or services for various Specific Plan areas. CFDs are established to ensure that new development projects do not solely become the responsibility of the City’s General Fund and to ensure the long-term maintenance and aesthetic quality of each neighborhood.

In 1982, the Mello-Roos Community Facilities Act of 1982 (Act) was adopted by the State of California as a method for financing infrastructure improvements and services associated with new developments. The Act allows infrastructure improvements and services to be funded through a special tax paid by property owners.

DISCUSSION:

In July 2021, a Request for Qualifications (RFQ) was issued soliciting qualifications from qualified public sector consulting firms with demonstrated experience in facilities planning, #10..
- 111 -
City Council, September 10, 2024
Third Amendment with Harris & Associates for Community Facilities Districts Engineering Services

Page 2 of 3 ends

infrastructure financing, and Mello-Roos Districts. Harris and Associates (Harris) was the only respondent and staff prepared and executed an agreement with Harris on September 13, 2021, to assist with Community Facilities Districts Engineering Services in the amount of $45,000.

On November 23, 2021, by Resolution No. 2021-448, the City executed the First Amendment to the agreement with Harris & Associates for an amount not to exceed $250,000. On October 24, 2023, by Resolution No. 2023-460, City Council approved the Second Amendment to the agreement which increased the contract amount to $350,000. In both Amendments, an increase to the agreement was required to provide the necessary support to staff to address development inquiries regarding the formation of Mello-Roos Districts.

Harris & Associates continues to assist the City on several projects including Tivoli, the Oakdale and Claribel Road Corridor Study, and a variety of technical services related to engineering and infrastructure assessment/maintenance.

Some of the additional areas that require support are listed below. As a result of these additional projects, the forecasted expenditures are anticipated to exceed the current contract budget in the amount of $350,000. Therefore, staff is recommending an increase in the amount of $200,000 to account for the following additional project areas:
 Tivoli Voluntary Land Dedication Program (VLDP) Assistance  CFD Formation - Fairview Village #2
 CFD Formation - Village One Triangle
 CFD Formation- Kiernan Business Park South #2
 CFD Formation & Infrastructure Financing Plan/Facilities Master Plan – Tivoli North  Various annexations in existing CFDs - facilities cost estimate reviews Modesto Municipal Code Section 8-3.203 generally requires all purchases which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(f) “Where the Purchasing Manager, in his or her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar goods or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City Services. Based on the additional need for services, the City is recommending a Third Amendment to this existing agreement to support the ongoing and anticipated development projects.

FISCAL IMPACT:

To continue supporting the expected and future projects, the City requires a Third Amendment increasing the Agreement amount by $200,000 from $350,000 to a new total of $550,000. The agreement will continue to be funded by developer deposits and the City’s respective Community Facilities Districts. There is no impact to the General Fund.

COMMITTEE RECOMMENDATION:

This item was reviewed by the Economic Development Committee on August 5, 2024, and the Committee approved forwarding the item to the City Council for approval. #10..
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City Council, September 10, 2024
Third Amendment with Harris & Associates for Community Facilities Districts Engineering Services

Page 3 of 3 ends

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving a Third Amendment to an Agreement with Harris & Associates to provide Community Facilities District Engineering Services, increasing the Agreement amount by $200,000 to a new total amount of $550,000; and authorizing the City Manager, or his designee, to execute the Amendment.

Approved by:

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

1. Resolution

2. Third Amendment to Agreement and Scope and Budget

3. Executed Second Amendment to Agreement

4. Executed First Amendment to Agreement

5. Executed Agreement
#10..
- 113 -
9/10/2024/CEDD/EGarcia/Item # 1 2024-xxx

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX

RESOLUTION APPROVING A THIRD AMENDMENT TO AN AGREEMENT

WITH HARRIS & ASSOCIATES TO PROVIDE COMMUNITY FACILITIES

DISTRICT ENGINEERING SERVICES, INCREASING THE AGREEMENT AMOUNT BY $200,000 TO A NEW TOTAL AMOUNT OF $550,000; AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE

THE AMENDMENT
WHEREAS, in 1982, the Mello-Roos Community facilities Act of 1982 (Act) was adopted by the State of California as a method for financing infrastructure improvements and services associated with new development. The Act allows for infrastructure improvements and services to be funded through a special tax paid by property owners; and WHEREAS, based on the demands of the unprecedented levels of new development, on July 14, 2021, the City released a Request for Qualifications (RFQ) soliciting qualifications from experienced public sector consulting firms and/or individuals, with demonstrated understanding and familiarity in Community Facility Districts (CFDs), special assessments districts, to provide engineering services and infrastructure assessments; and
WHEREAS, on September 13, 2021, the City entered into a Standard Consulting Agreement with Harris and Associates to assist with Community Facilities Districts Engineering Services for $45,000; and
WHEREAS, a First Amendment to the Standard Consulting Agreement with Harris & Associates was executed on November 23, 2021, by Resolution No. 2021-448, for an amount not to exceed $250,000; and
WHEREAS, a Second Amendment to the Standard Consulting Agreement with Harris & Associates was executed on October 24, 2023, by Resolution No. 2023-460, for #10..
- 114 -
9/10/2024/CEDD/EGarcia/Item # 2 2024-xxx
an amount not to exceed $350,000; and
WHEREAS, Harris & Associates is currently assisting the City on several projects that require a variety of technical services related to engineering, infrastructure assessment, and landscaping maintenance; and
WHEREAS, some of the additional areas that require support are forming of Community Facilities Districts and project areas such as: Kiernan Business Park #2, Village One Triangle, Tivoli North Facilities Master Plan; and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(f) “Where the Purchasing Manager, in his or her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar goods or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City Services; and WHEREAS, the City desires to execute a Third Amendment to the Standard Consultant Agreement with Harris & Associates for Community Facilities Districts Engineering Services to increase the agreement amount by $200,000 for a total revised amount not to exceed $550,000.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a Third Amendment to the Standard Consultant Agreement with Harris & Associates to provide Community Facilities Districts Engineering Services, increasing the agreement amount by $200,000 to a new total amount of $550,000.

BE IT FURTHER RESOLVED, that the City Manager or his designee, is hereby authorized to execute the Amendment, in a form approved by the City Attorney. #10..
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9/10/2024/CEDD/EGarcia/Item # 3 2024-xxx
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 10th day of September, 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, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ________________________________
JOSE M. SANCHEZ, City Attorney
#10..
- 116 -
-1

THIRD AMENDMENT

TO STANDARD AGREEMENT

FOR CONSULTANT SERVICES
THIS THIRD AMENDMENT, 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 Harris & Associates, hereinafter referred to as "Consultant".

This Third Amendment is made with regard to the following recitals:

A. The City and Consultant entered into a standard agreement for professional services dated September 13, 2021 to provide engineering services and assess infrastructure in the City’s Assessment Districts (“ADs”) and Community Facilities Districts (“CFDs) (the “AGREEMENT”).

B. The City and Consultant executed the first amendment professional services dated November 23, 2021.

C. The City and Consultant executed the second amendment professional services dated October 24, 2023.

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

NOW, THEREFORE, in consideration of this THIRD AMENDMENT, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:
#10..
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-2

1. COMPENSATION.

Section 3, “Compensation”, of the AGREEMENT is amended to increase the total compensation for Consultant by $200,000 for a total amount not to exceed $550,000, and to read in its entirety as follows:
“Consultant agrees to accept a sum not to exceed $550,000 as full remuneration for performing all services and furnishing all staff and materials called for in Exhibit "A" and for performance by Consultant of all of its duties and obligations under this Agreement.”

2. EFFECT OF AMENDMENT.

Except as modified and amended by this THIRD AMENDMENT to the AGREEMENT, all other provisions of the AGREEMENT shall remain unchanged and in full force and
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Amendment for Consultant Services by its City Manager and attestation by its City Clerk on the day of ,2024, under authority of Resolution No. 2024-______, and Harris & Associates has caused this Agreement to be duly executed as of the Effective Date.
#10..
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-3

EXHIBIT A

CITY OF MODESTO

PROFESSIONAL CIVIL ENGINEER CONSULTANT

SCOPE OF WORK
Harris & Associates will provide services to the City of Modesto associated with the:
 Review and assess needed/existing infrastructure in the City’s assessment districts and Mello-Roos (Community Facilities Districts – CFDs) districts  Review and evaluate proposed CFD annexations and formations  Prepare and review cost estimates and construction/improvement plans for needed infrastructure
 Draft engineering conditions for new development including subdivisions, site plans, etc.  Review and evaluate actions necessary to acquire rights of way and easements  Review complex land development maps including tentative and final maps  Monitor CFD rates and revenue to remaining infrastructure required  Track subdivision, development and reimbursement agreements  Meet and liaise with applicants and developers
#10..
- 119 -
-4

CITY OF MODESTO

PROFESSIONAL CIVIL ENGINEER CONSULTANT
BUDGET & FEE SCHEDULE*
Project Team Member Project Role Hourly Rate
Alison Bouley, PE Principal-in-Charge $280
Megan Quinn, MBA Project Director $240
Tamorah Bryant, PE Senior Project Manager $250
Dennis Anderson Senior Consultant $260
Connie Fife Project Manager $185
Anna Tan-Gatue, PE Senior Project Engineer $200
Joel Nagamine, PE Senior Project Engineer $165
Adam Marston Senior Analyst $170
Arn Richland Senior Analyst $140
Alexa Ludke Project Analyst $130
*Budget and fees not to exceed $550,000
#10..
- 120 -
-1

SECOND AMENDMENT

TO STANDARD AGREEMENT

FOR CONSULTANT SERVICES
THIS SECOND AMENDMENT, made and entered into in the City of Modesto, State of California, this______ day of , 2023, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and Harris & Associates, and as, hereinafter referred to as "Consultant".

This Second Amendment is made with regard to the following recitals:

A. The City and Consultant entered into a standard agreement for professional services dated September 13, 2021 to provide engineering services and assess infrastructure in the City’s Assessment (“ADs” and Community Facilities Districts (“CFDs) (the “AGREEMENT”).

B. The City and Consultant executed the first amendment professional services dated November 23, 2021.

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

NOW, THEREFORE, in consideration of this SECOND AMENDMENT, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree asfollows:

DocuSign Envelope ID: 14412C08-5E04-4C04-A3F7-2CDDAE56272D 24th October
#10..
- 121 -
-2

1. COMPENSATION.

Section 3, “Compensation”, of the AGREEMENT is amended to increase the total compensation for Consultant by $100,000 for a total amount of not to exceed $350,000, and to read in its entirety as follows:
“Consultant agrees to accept a sum not to exceed $350,000 as full remuneration for performing all services and furnishing all staff and materials called for in Exhibit "A" and for performance by Consultant of all of its duties and obligations under this Agreement.”

2. EFFECT OF AMENDMENT.

Except as modified and amended by this SECOND AMENDMENT to the AGREEMENT, all other provisions of the AGREEMENT shall remain unchanged and in full force and
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Amendment for Consultant Services by its City Manager and attestation by its City Clerk on the day of ,2023,
under authority of Resolution No. 2023-______, and Harris & Associates has caused this Agreement to be duly executed as of the Effective Date.

DocuSign Envelope ID: 14412C08-5E04-4C04-A3F7-2CDDAE56272D 24th October
460
#10..
- 122 -

CITY OF MODESTO,
a municipal corporation
BY: ____________________________
JOSEPH P. LOPEZ, City Manager
ATTEST:
(Seal)
BY: ____________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk
________________________________
BY: ____________________________
By _____________________________
Name Title
BY: ____________________________
By _____________________________
Name Title
APPROVED AS TO FORM:

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

BY: ____________________________
CHRISTINA ALGER, Director of
Human Resources
Federal ID # ___________
DocuSign Envelope ID: 14412C08-5E04-4C04-A3F7-2CDDAE56272D Harris & Associates, Inc.
94-2385238
Vice President,
Municipal &
District
Finance Alison Bouley
Preston Hatch
Executive Vice
President,
Chief Financial
Officer
11/27/2023
#10..
- 123 -

EXHIBIT A

CITY OF MODESTO

PROFESSIONAL CIVIL ENGINEER CONSULTANT

CITY OF MODESTO

PROFESSIONAL CIVIL ENGINEER CONSULTANT
BUDGET & FEE SCHEDULE*
Project Team Member Project Role Hourly Rate
Alison Bouley, PE Principal-in-Charge $285
Megan Quinn, MBA Project Director $260
Tamorah Bryant, PE Senior Project Manager $260
Dennis Anderson Senior Consultant $260
Connie Fife Project Manager $190
Anna Tan-Gatue, PE Senior Project Engineer $210
Joel Nagamine, PE Senior Project Engineer $180
Adam Marston Senior Analyst $190
Arn Richland Senior Analyst $160
Alexa Ludke Project Analyst $140
*Budget and fees not to exceed $350,000
DocuSign Envelope ID: 14412C08-5E04-4C04-A3F7-2CDDAE56272D #10..
- 125 -
-1

FIRST AMENDMENT

TO STANDARD AGREEMENT

FOR CONSULTANT SERVICES
THIS FIRST AMENDMENT, made and entered into in the City of Modesto, State of California, this _ day of , 2021 , (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and Harris & Associates, and as, hereinafter referred to as "Consultant".

This First Amendment is made with regard to the following recitals:

A. The City and Consultant entered into a standard agreement for professional services dated September 13, 2021 to provide engineering services and assess infrastructure in the City’s Assessment (“ADs” and Community Facilities Districts (“CFDs) (the “AGREEMENT”).

B. The City desires to expand the scope of services of the AGREEMENT to perform additional evaluation of the City’s engineering services.

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

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

#10..
- 126 -
-2

1. COMPENSATION.

Section 3, “Compensation”, of the AGREEMENT is amended to increase the total compensation for Consultant by $205,000 for a total amount of not to exceed $250,000, and to read in its entirety as follows:
“Consultant agrees to accept a sum not to exceed $250,000 as full remuneration for performing all services and furnishing all staff and materials called for in Exhibit "A" and for performance by Consultant of all of its duties and obligations under this Agreement.”

2. EFFECT OF AMENDMENT.

Except as modified and amended by this FIRST AMENDMENT to the AGREEMENT, all other provisions of the AGREEMENT shall remain unchanged and in full force and
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Amendment for Consultant Services in duplicate by its City Manager and attestation by its City Clerk on the day of , 20 , and Harris & Associates has caused this Agreement to be duly executed in duplicate as of the Effective Date.

#10..
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EXHIBIT A

CITY OF MODESTO

PROFSSIONAL CIVIL ENGINEER CONSULTANT

SCOPE OF WORK
Harris & Associates will provide services to the City of Modesto associated with the:
• Review and assess needed/existing infrastructure in the City’s assessment districts and Mello-Roos (Community Facilities Districts – CFDs) districts • Review and evaluate proposed CFD annexations and formations • Prepare and review cost estimates and construction/improvement plans for needed infrastructure
• Draft engineering conditions for new development including subdivisions, site plans, etc. • Review and evaluation actions necessary to acquire rights of way and easements • Review complex land development maps including tentative and final maps • Monitor CFD rates and revenue to remaining infrastructure required • Track subdivision, development and reimbursement agreements • Meet and liaise with applicants and developers

#10..
- 128 -

CITY OF MODESTO

PROFSSIONAL CIVIL ENGINEER CONSULTANT
BUDGET & FEE SCHEDULE*
Project Team Member Project Role Hourly Rate
Alison Bouley, PE Director/Project Manager $260
Andrew MacDonald, PE, PMP Senior Project Engineer $240
Megan Quinn, MBA Deputy Project Manager $210
Nick Kral, MBA Senior Analyst $200
Diana Garrett, PE, PMP, QCM-C Senior Project Engineer $200 Anna Tan-Gatue, PE Senior Project Engineer $175
Joel Nagamine, PE Project Engineer $155
Adam Marston Senior Analyst $155
Arn Selorio Project Analyst $135
Alexa Ludke Project Analyst $125
*Budget and Fees not to exceed $250,000

#10..
- 129 -

CITY OF MODESTO,
a municipal corporation
BY: ____________________________
JOSEPH P. LOPEZ, City Manager
ATTEST:
(Seal)
BY: ____________________________
DANA SANCHEZ, Interim City Clerk

CONSULTANT,
________________________________
BY: ____________________________
By _____________________________
Name Title
BY: ____________________________
By _____________________________
Name Title
APPROVED AS TO FORM:

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

BY: ____________________________
CHRISTINA D. ALGER
Director of Human Resources (Risk)
Consultant’s Federal ID # ___________
* Corporations - signature of two (2) officers
required or one (1) officer plus corporate seal.

Partnership - signature of a partner required Sole
Proprietorship - signature of proprietor
required

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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

November 23, 2021
Date: November 17, 2021
TO: Mayor and Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community and Economic Development SUBJECT: First Amendment with Harris & Associates for Community Facilities Districts Engineering Services
CONTACT: Jessica Hill, Community Development Manager,
[email protected], (209) 577-5321
DESCRIPTION:

Consider approving the First Amendment to an Agreement with Harris & Associates to provide engineering services for the City’s Assessment and Community Facilities Districts (CFDs), increasing the agreement amount by $205,000 from $45,000 to a new total of $250,000. (Funding Source: Various Community Facilities Districts and Developer Deposits) STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

DISCUSSION:

Based on the critical need to meet the demands of the unprecedented levels of new development, on July 14, 2021, the City released a Request for Qualifications (RFQ) soliciting

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City Council, November 23, 2021
First Amendment with Harris & Associates for Community Facilities Districts Engineering Services

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qualifications from experienced public sector consulting firms and/or individuals, with demonstrated understanding and familiarity in CFDs, special assessment districts, to provide engineering services and infrastructure assessment.

The RFQ solicitation yielded one response, and after a thorough interdepartmental review of the proposal, the City selected Harris & Associates because of their demonstrated experience in facilities planning and infrastructure financing, cost of scope, and overall familiarity with the subject matter. Furthermore, Harris assisted the City on several projects in the past including Village One, Tivoli, Kiernan Business Park, and Fairview Village and has an underlying understanding of the City.

Under the City Manager’s authority, the City entered into an agreement with Harris & Associates on September 13, 2021, for a not to exceed amount of $45,000. Their duties also include evaluating proposed CFD formations and annexations, preparing cost estimates and improvement plans for needed infrastructure, and other duties related to land development engineering.

Since this time, there has been multiple developers who have expressed interest in developing in other areas in the City, which would require the work of Harris and Associates. Some of those areas and needs include:
 Tentative map review
 Tivoli Voluntary Land Dedication Program (VLDP) Assistance  Acquisition and Shortfall Agreements
 CFD Formation - Fairview Village
 CFD Formation - Village One Triangle
 CFD Formation & Infrastructure Financing Plan/Facilities Master Plan - Tivoli North  Various annexations in existing CFDs - facilities cost estimate reviews Additionally, the Community and Economic Development Department is experiencing staff vacancy issues and does not have capacity to perform these functions.

In accordance with Modesto Municipal Code 8-3.204(a), Exceptions for Formal Bidding Requirements, this agreement is for professional services, and, therefore, exempt from the bid requirement; however, staff initially conducted an informal RFP process and recommends approval of the amendment with Harris & Associates.

FISCAL IMPACT:

To continue this project to implement the recommended improvements, the City requires a First Amendment to the agreement increasing the agreement amount by $205,000 from $45,000 to a total of $250,000.

COMMITTEE RECOMMENDATION:

This item has not been reviewed by Committee.

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City Council, November 23, 2021
First Amendment with Harris & Associates for Community Facilities Districts Engineering Services

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STAFF RECOMMENDATION:

Resolution approving a First Amendment to an Agreement with Harris & Associates to provide engineering services for the City’s Assessment and Community Facilities Districts, increasing the agreement amount by $205,000 from $45,000 to a total of $250,000, and authorizing the City Manager, or his designee, to negotiate and execute the amendment.

Approved by:

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

1. Resolution

2. First Amendment to Agreement with Harris & Associates

3. Exhibit to First Amendment – Scope and Budget

4. Executed Agreement with Harris & Associates

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11/23/2021/CED/JHill/Item 6 1 2021-448

MODESTO CITY COUNCIL
RESOLUTION NO. 2021-448

RESOLUTION APPROVING A FIRST AMENDMENT TO AN AGREEMENT

WITH HARRIS & ASSOCIATES TO PROVIDE ENGINEERING SERVICES FOR THE CITY’S ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS INCREASING THE AGREEMENT AMOUNT BY $205,000 FROM $45,000 TO A TOTAL OF $250,000, AND AUTHORIZING THE CITY MANAGER OR HIS

DESIGNEE TO NEGOTIATE AND EXECUTE THE AMENDMENT
WHEREAS, the City of Modesto’s Community Facilities Districts are created to provide a funding and reimbursement mechanism for public facilities and/or services for various Specific Plan areas, and
WHEREAS, Community Facilities Districts are the preferred method of financing infrastructure because no finding of special benefit for each parcel is required, and WHEREAS, Under the Mello-Roos Community Facilities Act of 1982, a Community Facility District may be used to purchase, construct, expand, rehabilitate or acquire public improvements, or provide public services, and WHEREAS, in an effort to meet the demands of the unprecedented levels of new development, on July 14, 2021, the City released a Request for Qualifications soliciting qualifications from qualified public sector consulting firms and/or individuals, with demonstrated experience in Community Facilities Districts, special assessment districts, to provide engineering services and infrastructure assessment, and WHEREAS, after a thorough interdepartmental review of the proposal, the City selected Harris & Associates because of their demonstrated experience in facilities planning and infrastructure financing, cost of scope, and overall familiarity, and WHEREAS, under the City Manager’s authority, the City entered into an agreement with Harris & Associates on September 13, 2021 for a not to exceed amount

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11/23/2021/CED/JHill/Item 6 2 2021-448
of $45,000, evaluate proposed district formations and annexations, preparing cost estimates and improvement plans for needed infrastructure, and other duties related to land development engineering, and
WHEREAS, based on these findings, the City recommends moving forward with an amendment to the agreement with Harris & Associates to continue engineering services as they relate to the City’s Assessment and Community Facilities Districts, and WHEREAS, the Municipal Code generally requires contracts over $50,000 to comply with formal bidding procedures. This agreement is for professional services and is therefore exempt from the public bidding requirement pursuant to Modesto Municipal Code section 8-3.204(a), and
WHEREAS, to continue this project to implement the recommended improvements, the City requires a First Amendment to the agreement increasing the agreement amount by $205,000 from $45,000 for a total of $250,000.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approving a first amendment to an agreement with Harris & Associates to provide engineering services for the City’s Assessment and Community Facilities Districts, increasing the agreement amount by $205,000 from $45,000 for a total of $250,000.

BE IT FURTHER RESOLVED by the Council of the City of Modesto that it hereby authorizes the City Manager, or his designee to negotiate and execute the amendment, in a form approved by the City Attorney.

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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

September 10, 2024
Date: August 1, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Formation of City of Modesto Community Facilities District No. 2024-2 (Fairview Village #2)
CONTACT: Edgar Garcia, Community Development Manager
[email protected], 209-577-5211
DESCRIPTION:

Consider a Resolution of Intention to form City of Modesto Community Facilities District (CFD) No. 2024-2 (Fairview Village #2), an area bounded by Carpenter Road, Whitmore Avenue, and Hatch Road, and to designate certain parcels as future annexation areas for the CFD No. 2024-

2. (Funding Source: Developer Deposit)
STRATEGIC PLAN ELEMENT:

The recommended action supports the City Council’s 2020-2025 Strategic Plan, Goal D:

Provide Safe, Efficient, and Reliable Infrastructure through proactive community investment, maintenance and sustainability efforts.

BACKGROUND:

In 1982, the Mello-Roos Community Facilities Act of 1982 1(Act) was adopted by the State of California as a method for financing infrastructure improvements and services associated with new developments. The Act allows infrastructure improvements and services to be funded through a special tax paid by property owners.

The Fairview Specific Plan area, approved by the City Council on December 12, 1995, encompasses approximately 360 acres and is bounded by Whitmore Avenue to the south, Carpenter Road to the west, and Hatch Road to the north. 1 Mello Roos Act of 1982 5533-53368
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City Council, September 10, 2024
Formation of City of Modesto Community Facilities District No. 2024-2 (Fairview Village #2)

Page 2 of 4 ends

On October 28, 2003, the City Council adopted the resolution of intention to form City of Modesto Community Facilities District No. 2003-1 (Fairview Village) pursuant to the Mello-Roos Community Facilities Act of 1982.

On December 11, 2003, the City Council established City of Modesto Community Facilities District No. 2003-1 (Fairview Village) within the Fairview Specific Plan area through Resolution 2003-660.

On, December 20, 2021, the Planning Commission approved the Vesting Subdivision Map for Fairview Village Phase 1 Subdivision which consisted of 38.5 acres located east of Carpenter Road and north of Whitmore Avenue into 217 single-family residential lots and six landscape lots. More recently, on February 7, 2022, STL Company LLC, applied to form a new Community Facilities District (CFD).

DISCUSSION:

The Mello-Roos Community Facilities Act requires that within 90 days after receiving a petition, the legislative body shall adopt a Resolution of Intention (ROI). The ROI is the first step in establishing a CFD.

While the boundaries of CFD No. 2024-2 will ultimately encompass the entire Fairview Village area, the initial boundaries will consist of 056-027-009 totaling 40.15 acres. STL Company LLC is the owner. Additional properties may annex to CFD No. 2024-2 as they are ready to develop.

The proposed boundary map also identifies the future annexation area and is provided as Attachment 3.

The Facilities to be financed by CFD No. 2024-2 include development of a storm drain basin, class 1 bike trail, road improvements, and canal crossings. The services to be financed by CFD No. 2024-2 encompass maintenance for landscaped lots, tree pruning, masonry wall maintenance, neighborhood park maintenance, storm drain basin maintenance and other services set forth in Attachment 1.

By Resolution No. 2020-223, the City Council previously approved participation in the BOLD Program, and this action is sufficient to approve participation in the BOLD program in partnership with California Municipal Finance Authority (CMFA). CMFA works with City Staff to ensure the program is meeting the City’s objectives. Prior to the October 22, 2024, Public Hearing, City Council meeting, the project proponents will have submitted the appropriate executed forms to the City, which include the Request, Consent and Waiver and the Landowner-Voter Ballot. The Request, Consent and Waiver form waives certain noticing and voting requirements, and requests the City execute and record a notice of special tax lien pertaining to the properties and record such notice within the official records of the County Recorder.

CFD No. 2024-2 will not include any bonding authority. The Rate and Method of Apportionment (RMA) that identifies the maximum special tax rates for the parcel types within CFD No. 2024-2, as well as a description of how the special taxes are calculated and collected, is attached as Attachment 2.

Only the Initial Parcel is requesting to be part of CFD No. 2024-2 and only the Initial Parcel will #11..
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City Council, September 10, 2024
Formation of City of Modesto Community Facilities District No. 2024-2 (Fairview Village #2)

Page 3 of 4 ends

be subject to levy and collection of the special taxes, until additional properties are annexed to CFD No. 2024-2 in the future.

The Annual Maintenance Special Tax is only levied on a parcel after a building permit has been issued for that property (except for single family detached which commences after a final map is recorded). The One-Time Facilities Special Tax is levied after a building permit has been issued for that property. The maximum special tax rates for CFD No. 2024-2 are as follows:

Maximum Special Tax Rates Fiscal Year 2024-25
Special Tax Category
Maximum Annual
Maintenance Special Tax
Fiscal Year 2024-25
Maximum One-Time
Facilities Special Tax
Fiscal Year 2024-25
Forming Parcel $1,834,935 $191,716
The CFD Administrator will allocate the above maximum taxes to successor parcels as provided in the RMA.

On July 1, 2025, and on each July 1 thereafter, all figures shown in the table above shall be increased by the annual Escalation Factor. In any Fiscal Year, the annual Escalation Factor will be the greater of either, the percentage increase, if any, in the construction cost index for the San Francisco region for the prior twelve (12) month period as published in the Engineering News Record or other comparable source if the Engineering News Record is discontinued or otherwise not available, or four percent (4.0%).

At least thirty (30) days, and no more than sixty (60) days, following the date of the adoption of the ROI, the City Council will hold a public hearing and consider a Resolution of Formation. The public hearing is currently scheduled for October 22, 2024. The special tax may only be levied if approved by a two-thirds vote of the property owners within the boundaries at a special election currently scheduled for October 22, 2024. For future annexations the unanimous written consent of the property owners via a signed Unanimous Consent to Annex, Waiver and Declaration of Landowner will be obtained without the need for a public hearing or election.

The Owner is not seeking bonding authorization for CFD No. 2024-2, just for the authority for the One-Time Facilities Special Tax and an Annual Maintenance Special Tax. Concurrently, with the proceedings to form CFD No. 2024-2, the Owner is pursuing proceedings under the state-wide BOLD Program for the formation of a second community facilities district over the property to finance fees and additional facilities with the levy of an annual facilities special tax which will secure bonded indebtedness.

The California Municipal Finance Authority2 (CMFA) is a joint powers agency, of which the City is a member. CFMA administers the BOLD Program3. Under the BOLD Program, bonds are issued by a community facilities district formed by CMFA (BOLD CFD) under the Mello-Roos Act. The City Council previously approved participation in the BOLD program, and this prior action is sufficient to approve participation in the BOLD program in partnership with CMFA.

CMFA works in partnership with City staff to ensure the program is meeting the City’s 2 California Municipal Finance Authority
3 CMFA Bold Financing
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City Council, September 10, 2024
Formation of City of Modesto Community Facilities District No. 2024-2 (Fairview Village #2)

Page 4 of 4 ends

objectives. CMFA and its consultant team will form and approve the BOLD CFD CMFA will issue bonds on behalf of the BOLD CFD and levy and collect the special taxes each year.

Using the BOLD Program for bonds alleviates local agency staff time constraints.

FISCAL IMPACT:

The formation of CFD No. 2024-2 is paid by the applicant through a developer deposit. There is no General Fund impact.

COMMITTEE RECOMMENDATION:

This item was presented to the Economic Development Committee on August 5, 2024, and was recommended to forward to the City Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution of Intention to form City of Modesto Community Facilities District (CFD) No. 2024-2 (Fairview Village #2), an area bounded by Carpenter Road, Whitmore Avenue, and Hatch Road, and to designate certain parcels as future annexation areas for the CFD No. 2024-2 and Authorize the Levy of Special Tax within CFD No. 2024-2.

Approved by:

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

1. Resolution

2. List of Facilities and Services

3. Rate and Method of Apportionment

4. Proposed Boundary Map for CFD 2024-2 Formation
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9/10/2024/CEDD/EGarcia/Item # 1 2024-xxx

MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XXX

RESOLUTION OF INTENTION TO FORM CITY OF MODESTO
COMMUNITY FACILITIES DISTRICT (CFD) NO. 2024-2 (FAIRVIEW VILLAGE #2), AN AREA BOUNDED BY CARPENTER ROAD,

WHITMORE AVENUE, AND HATCH ROAD AND TO DESIGNATE

CERTAIN PARCELS AS FUTURE ANNEXATION AREA FOR THE CFD
NO. 2024-2 AND AUTHORIZE THE LEVY OF SPECIAL TAX WITHIN CFD NO. 2024-2
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the Government Code of the State of California (the “Act”), the City Council of the City of Modesto (the “City”) is authorized to establish a community facilities district and to act as the legislative body for a community facilities district; and WHEREAS, the owner (collectively, the “Owner”) of not less than 10 percent of the area of land depicted on the map of the proposed community facilities district referred establish to below on file with the City Clerk (the “Property”), has filed a written petition with the City to establish the City of Modesto Community Facilities No. 2024-2 (Fairview #2) (the “Community Facilities District”), in order to finance the cost of the facilities and services listed in Appendix A hereto (the “Facilities” and “Services”), as well as all costs associated with the creation of the Community Facilities District and administering the Community Facilities District (collectively, the “Incidental Expenses”); and
WHEREAS, the Owner has submitted to the City an application to form the Community Facilities District pursuant to the City’s Policies and Procedures for the Formation, Annexation and Administration of Community Facilities Districts Created Pursuant to the Provisions of the Mello Roos Community Facilities Act of 1982 (the “City’s CFD Policies and Procedures”); and #11..
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WHEREAS, the Owner has submitted deposits required by the City for payment of City fees and costs incurred in conducting proceedings to create the Community Facilities District; and WHEREAS, the petition submitted by the Owner complies with the requirements of 53319 of the Act and the City’s CFD Policies and Procedures; and WHEREAS, subject to the satisfaction of all applicable requirements of law, it is the intention of this City Council to finance the Incidental Expenses and to pay for the Facilities and Services through the formation of the Community Facilities District and the levy of annual facilities and maintenance special taxes and one-time facilities special tax, provided that the levy of the special taxes is approved at an election to be held within the initial boundaries of the Community Facilities District; and
WHEREAS, the City Council also desires to institute proceedings to designate certain property within the Fairview Specific Plan, as future annexation to the Community Facilities District (the “Future Annexation Area”) under and pursuant to the terms of the Act for the purpose of financing facilities and services authorized pursuant to the Act, including the Facilities and Services; and
WHEREAS, the City Council has determined that public convenience and necessity require that pursuant to Sections 53328.1 and/or 53339.3 of the Act, the Future Annexation Area be designated for annexation to the Community Facilities District with the condition that parcels within that territory may be annexed only with the unanimous approval of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Modesto hereby finds and determines as follows:
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9/10/2024/CEDD/EGarcia/Item # 3 2024-xxx
SECTION 1. The above recitals are true and correct and are incorporated herein by reference.

SECTION 2. The Community Facilities District is proposed to be established, with the initial parcels to be further designated as Improvement Area No. 1, and other property is proposed to be designated as future annexation area, under the terms of the Act. It is further proposed that the boundaries of the Community Facilities District and the boundaries of the future annexation area, shall be as depicted on the map of the proposed Community Facilities District which is on file with the City Clerk entitled “Map of Proposed Boundaries and Future Annexation Area of the City of Modesto Community Facilities District No. 2024-2 (Fairview #2).” The City Clerk is hereby directed to sign the original map of the Community Facilities District and record it with all proper endorsements thereon with the County Recorder of the County of Stanislaus within fifteen days after the adoption of this resolution, all as required by Section 3111 of the Streets and Highways Code of the State of California.

SECTION 3. The name of the proposed community facilities district shall be “City of Modesto Community Facilities District No. 2024-2 (Fairview #2).” SECTION 4. The Facilities and Services proposed to be provided within the Community Facilities District are services or facilities, as the case may be, which the City is authorized by law to construct, acquire, own and operate, or to provide. This City Council hereby finds and determines that the descriptions of the Facilities and Services contained herein is sufficiently informative to allow taxpayers within the proposed improvement areas within Community Facilities District to understand what the funds of the Community Facilities District may be used to pay for. The Incidental Expenses expected to be incurred include the cost of forming the #11..
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Community Facilities District and levying and collecting a special tax within the Community Facilities District.

The description of the Facilities and Services may be modified upon the annexation of property into the Community Facilities District, provided such modified description shall only apply to such annexed areas. Improvement areas may be designated when property is annexed into the Community Facilities District.

SECTION 6. Except where funds are otherwise available, it is the intention of the City Council to levy in accordance with procedures contained in the Act within the Community Facilities District (i) a one-time special tax sufficient to pay for the costs of financing the purchase, construction, expansion, modification, rehabilitation or improvement of a portion of the Facilities (the “One-Time Facilities Special Tax”), and (ii) an annual special tax sufficient to pay for the costs of financing the Services (the “Annual Maintenance Special Tax,” and, together with the Annual Facilities Special Tax and the One-Time Facilities Special Tax, the “Special Taxes”), and to pay for Incidental Expenses. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California, a continuing lien to secure each levy of the Special Taxes shall attach to all nonexempt real property in the Community Facilities District, and when annexed, the Future Annexation Area, and that lien shall continue in force and effect until collection of the Special Taxes ceases.

The rate, method of apportionment and manner of collection of the special tax are described in detail in Appendix B attached hereto and incorporated herein as though set forth at length (the “Rate and Method”). Appendix B allows each landowner within the Community Facilities District to estimate the maximum amount that may be levied against each parcel. #11..
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9/10/2024/CEDD/EGarcia/Item # 5 2024-xxx
If special taxes within the Community Facilities District are levied against any parcel used for private residential purposes to pay for public facilities, under no circumstances will such special tax be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the Community Facilities District, and for each annexed area or future improvement area from the Future Annexation Area, when annexed, by more than ten percent (10%) within the Community Facilities District or same improvement area, as applicable.

This City Council hereby determines the Rate and Method to be reasonable. The special tax is apportioned to each parcel on the basis of its land use and area pursuant to Section 53325.3 of the Act; and such special tax is not on or based upon the value or ownership of real property.

In the event that a portion of the property within the Community Facilities District shall become for any reason exempt, wholly or partially, from the levy of the special tax, this City Council shall, on behalf of the Community Facilities District, cause the levy to be increased, subject to the limitation of the maximum special tax for a parcel as set forth in the Rate and Method, to the extent necessary upon the remaining property within the Community Facilities District, and for each annexed area or future improvement area from the Future Annexation Area, when annexed, which is not delinquent or exempt in order to yield the special tax revenues required for the purposes described in this Section 5. The Annual Maintenance Special Tax shall be levied and collected in perpetuity. The One-Time Facilities Special Tax shall be levied and collected as provided in the Rate and Method.

SECTION 6. A public hearing (the “Hearing”) on the establishment of the Community Facilities District, the designation of the Future Annexation Area and the proposed Rate and Method shall be held on October 22, 2024, at 5:30 p.m., or as soon thereafter as practicable, at the Modesto City Council Chamber, 1010 Tenth Street, Modesto, CA 95353. Should this City Council #11..
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determine to form the Community Facilities District, a special election will be held to authorize the levy of the special tax within the Community Facilities District in accordance with the procedures contained in Government Code Section 53326. If held, the proposed voting procedure at the election is expected to be a landowner vote with each landowner of record as of the close of the Hearing within the Community Facilities District having one vote for each acre of land or portion thereof owned within the Community Facilities District. Ballots for the special election may be distributed by mail or by personal service.

SECTION 7. At the time and place set forth above for the Hearing, any interested person, including all persons owning lands or registered to vote within the proposed Community Facilities District or the Future Annexation Area, may appear and be heard.

SECTION 8. Each officer of the City who is or will be responsible for providing the Facilities and Services within the proposed Community Facilities District, if it is established, and within the Future Annexation Area, when annexed, is hereby directed to study the proposed Community Facilities District and, at or before the time of the Hearing, file a report with this City Council containing a brief description of the Facilities and Services, as the case may be, which will in his or her opinion be required to meet adequately the needs of the proposed Community Facilities District and an estimate of the cost of providing those Facilities and Services and an estimate of the fair and reasonable cost of any Incidental Expenses to be incurred.

SECTION 9. The City may accept advances of funds or work-in-kind from any source, including, but not limited to, private persons or private entities, for any authorized purpose, including, but not limited to, paying any cost incurred by the City in creating the Community Facilities District. The City may enter into an agreement with the person or entity advancing the funds or work-in-kind, to repay all or a portion of the funds advanced, or to reimburse the person #11..
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9/10/2024/CEDD/EGarcia/Item # 7 2024-xxx
or entity for the value, or cost, whichever is less, of the work-in-kind, as determined by this City Council, with or without interest.

SECTION 10. Pursuant to Section 53340 of the Act, and except as provided in Section 53317.3 of the Act or in the Rate and Method, properties of entities of the state, federal, and local governments shall be exempt from the levy of the Special Taxes.

SECTION 11. The City Council hereby finds that the proposed Facilities and Services are necessary to meet increased demands put upon the City as a result of the new development within the proposed Community Facilities District, and when annexed, the Future Annexation Area.

SECTION 12. The City Clerk is hereby directed to publish a notice (the “Notice”) of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the Community Facilities District. Such publication shall be completed at least seven days prior to the date of the Hearing. The City Clerk is further directed to mail a copy of the Notice to each of the landowners and registered voters, if any, within the boundaries of the Community Facilities District at least 15 days prior to the Hearing. The Notice shall contain the text or a summary of this Resolution, the time and place of the Hearing, a statement that the testimony of all interested persons or taxpayers will be heard, a description of the protest rights of the registered voters and landowners in the proposed Community Facilities District and a description of the proposed voting procedure for the election required by the Act.

SECTION 13. The Future Annexation Area will be annexed into the Community Facilities District only at such time as the Community Facilities District receives unanimous written approval to be annexed from the owner or owners of each parcel or parcels of the portion of the Future Annexation Area proposed to be annexed at that time. Annexations to the Community Facilities District may include separate and distinct improvement areas, modified descriptions of #11..
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facilities and services and/or modified special tax rates as set forth in a modified or separate Rate and Method at the time of annexation.
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 10th day of September, 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:

ABSTAIN: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

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

By:

JOSE M. SANCHEZ, City Attorney
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APPENDIX A

CITY OF MODESTO
COMMUNITY FACILITIES DISTRICT NO. 2024-2
(FAIRVIEW VILLAGE #2)

LIST OF FACILITIES
The types of Facilities and Services proposed to be financed by Community Facilities District No. 2024-2 (CFD) are as follows:

Authorized Facilities:

The CFD shall be authorized to finance all or any part of the costs of acquisition, construction and improvement of the following facilities (the “Facilities”):
 Water System
 Wastewater System
 Storm Drain System
 Road Improvements
 Canal Crossing Improvements
The Facilities shall include all hard and soft costs associated with the improvements, including the costs of acquisition of land and rights-of-way, the costs of design, engineering and planning, the costs of environmental or traffic studies, surveys or other reports, costs related to landscaping and irrigation, soils testing, permits, plan check, and inspection fees, insurance, legal and related overhead costs, coordination and supervision and any other costs or appurtenances related to any of the foregoing. The CFD may also fund, and the special taxes may also be used to directly pay for, the purchase, construction, expansion, improvement or rehabilitation of any of the Facilities, and to reimburse the City or any third parties for advances made to purchase, construct, expand, improve or rehabilitate any of the Facilities. #11..
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LIST OF SERVICES
Maintenance of the Neighborhood Park(s), arterial road parkway, median and roundabout landscaping, tree pruning, connector street parkway, median landscaping, bike trails, masonry walls, central basin and storm drain facilities.

The services to be provided include, but are not limited to, litter and debris removal, pruning, staking, fertilizing, plant replacement and restoration, fire and weed control, erosion control, trimming of vegetation, and storm drain system maintenance. Authorized services shall also include the following: (i) related reserves for the replacement of plants and materials, replacement of storm water treatment filters and other storm drainage facilities, and (ii) a sinking fund for services that could not otherwise be funded in a given fiscal year.

The services to be financed by the CFD are in addition to those provided in the territory of the CFD before the date of creation of the CFD and will not supplant services already available within that territory when the CFD was created.

Administrative Expenses
The administrative expenses to be funded by the CFD include the direct and indirect expenses incurred by the City in carrying out its duties with respect to the CFD including, but not limited to, the levy and collection of special taxes, fees and expenses of attorneys, any fees of the County of Stanislaus related to the CFD or the collection of special taxes, an allocable share of the salaries of the City staff related thereto, and expenses incurred by the City in undertaking action to foreclose on properties for which the payment of special taxes is delinquent, and all other costs and expenses of the City in any way related to the CFD.
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CFD No. 2024-2
(FV #2)
1 June
27, 2024

APPENDIX B

PROPOSED RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX

CITY OF MODESTO
COMMUNITY FACILITIES DISTRICT NO.
2024-2 (FAIRVIEW VILLAGE #2)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
Special Taxes applicable to each Assessor’s Parcel in the City of Modesto Community Facilities District No. 2024-2 (Fairview Village #2) shall be levied and collected according to the tax liability determined by the City Council through the application of the appropriate amount or rate for Taxable Property, as described below. All of the property in the CFD, unless exempted by law or by the provisions of Section G below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed into the CFD unless a separate Rate and Method of Apportionment is adopted for the annexation area.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Map or other Development Plan. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, (commencing with Section 53311), Part 1, Division 2 of Title 5 of the California Government Code.
“Administrative Expenses” means any or all of the following: the expenses of the City in carrying out its duties with respect to the CFD, including, but not limited to, the levy and collection of Special Taxes, the fees and expenses of its counsel, charges levied by the County in connection with the levy and collection of Special Taxes, costs related to property owner inquiries regarding the Special Taxes, costs associated with appeals or requests for interpretation associated with the Special Taxes and this RMA, costs associated with foreclosure and collection of delinquent Special Taxes, and all other costs and expenses of the City in any way related to the establishment or administration of the CFD.
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CFD No. 2024-2
(FV #2)
2 June
27, 2024
“Administrator” means the person or firm designated by the City to administer the Special Taxes according to this RMA.
“Annual Maintenance Special Tax” means a special tax levied in any Fiscal Year to pay the Maintenance Special Tax Requirement, as defined below. “Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel number.
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CFD No. 2024-2
(FV #2)
3 June
27, 2024
“Assessor’s Parcel Map” means an official map of the County Assessor designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means a unique number assigned to an Assessor’s Parcel by the County Assessor for purposes of identifying a property. “Authorized Facilities” means the public facilities authorized to be funded by the CFD as set forth in the documents adopted by the City Council when the CFD was formed. “Authorized Services” means the public services authorized to be funded by the CFD as set forth in the documents adopted by the City Council when the CFD was formed. “Building Permit” means a permit that allows for vertical construction of a building or buildings, which shall not include a separate permit issued for construction of the foundation thereof.
“CFD” means the City of Modesto Community Facilities District No. 2024-2 (Fairview Village #2).
“CFD Formation” means the date on which the Resolution of Formation to form the CFD was adopted by the City Council.
“City” means the City of Modesto.
“City Council” means the City Council of the City of Modesto, acting as the legislative body of the CFD.
“County” means the County of Stanislaus.
“Developed Property” means, in any Fiscal Year, the following:
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CFD No. 2024-2
(FV #2)
4 June
27, 2024
For purposes of levying the Annual Maintenance Special Tax:
• for Single Family Detached Property, all Parcels for which a Final Map was recorded prior to June 30 of the preceding Fiscal Year but not prior to June 30, 2023; • for Single Family Attached Property, all Parcels for which a Building Permit was issued prior to June 30 of the preceding Fiscal Year but not prior to June 30, 2023; • for Other Property, all parcels for which a Building Permit was issued prior to June 30 of the preceding Fiscal Year.

For purposes of levying the One-Time Facilities Special Tax: all Parcels for which a Building Permit was issued prior to June 30 of the preceding Fiscal Year but not prior to June 30, 2023.
“Development Class” means, individually, Developed Property and Undeveloped Property. #11..
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CFD No. 2024-2
(FV #2)
5 June
27, 2024
“Development Plan” means a condominium plan, apartment plan, site plan or other development plan that identifies such information as the type of structure, the acreage, the square footage, and/or the number of Units that will be developed on Single Family Attached Property or Other Property.
“Escalation Factor” means, in any Fiscal Year, the greater of (i) the percentage increase, if any, in the construction cost index for the San Francisco region for the prior twelve (12) month period as published in the Engineering News Record or other comparable source if the Engineering News Record is discontinued or otherwise not available, or (ii) four percent (4.0%). “Final Map” means a final map, or portion thereof, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq) that creates Single Family Detached Lots. The term “Final Map” shall not include any large-lot subdivision map, Assessor’s Parcel Map, or subdivision map or portion thereof, that does not create Single Family Detached Lots, including Assessor’s Parcels that are designated as remainder parcels. “Fiscal Year” means the period starting July 1 and ending on the following June 30. “Future Annexation Area” means that geographic area that, at the time of CFD Formation, was considered potential annexation area for the CFD and which was, therefore, identified as “future annexation area” on the recorded CFD boundary map. Such designation does not mean that any or all of the Future Annexation Area will annex into the CFD, but should property designated as Future Annexation Area choose to annex, the annexation may be processed pursuant to the streamlined annexation procedures provided in the Act. “Maintenance Special Tax Requirement” means the amount of revenue needed in any Fiscal Year to pay for: (i) Authorized Services, (ii) establishment of reserves, (iii) Administrative Expenses, and (iv) amounts needed to cure any delinquencies in the payment of Annual Maintenance Special Taxes which have occurred in prior Fiscal Years. “Maximum Annual Maintenance Special Tax” means the greatest amount of Annual Maintenance Special Tax that can be levied on an Assessor’s Parcel in any Fiscal Year determined in accordance with Sections C and D below.
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CFD No. 2024-2
(FV #2)
6 June
27, 2024
“Maximum One-Time Facilities Special Tax” means the greatest amount of One-Time Facilities Special Tax that can be levied on an Assessor’s Parcel in any Fiscal Year determined in accordance with Sections C and D below.
“Maximum Special Taxes” means, collectively, the Maximum One-Time Facilities Special Tax and Maximum Annual Maintenance Special Tax. “One-Time Facilities Special Tax” means a special tax, levied on Taxable Property to pay the One-Time Facilities Special Tax Requirement and collected by the City prior to a Building Permit being issued on a Parcel of Taxable Property.
“One-Time Facilities Special Tax Requirement” means, for a Parcel of Taxable Property in the CFD, the amount needed to pay the Parcel’s share of the cost of Authorized Facilities as
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CFD No. 2024-2
(FV #2)
7 June
27, 2024
determined by the City, which amount shall not exceed the Maximum One-Time Facilities Special Tax assigned to the Parcel pursuant to this RMA. “Original Parcel” means an Assessor’s Parcel in the CFD at the time of CFD Formation, or added to the CFD upon annexation, as identified in Attachment 1 (which shall be updated after each annexation). A Successor Parcel that is being further subdivided shall also be considered an Original Parcel for purposes of determining the Maximum Special Taxes pursuant to Section C below.
“Owners Association” means a homeowners association or property owners association that provides services to, and collects assessments, fees, dues, or charges from, property within the CFD.
“Owners Association Property” means any property within the boundaries of the CFD that is owned in fee or through easement by the Owners Association, not including any such property that is located directly under a residential structure. “Other Property” means any Parcel of Developed Property in the CFD that is not Single Family Attached Property or Single Family Detached Property. “Proportionately” means, for each Development Class, that the ratio of the actual Annual Maintenance Special Tax levied in any Fiscal Year to the Maximum Annual Maintenance Special Tax authorized to be levied in that Fiscal Year is equal for all parcels assigned to the Development Class.
“Public Property” means any property within the boundaries of the CFD that is owned by the federal government, State of California, County, City, or other public agency. “RMA” means this Rate and Method of Apportionment of Special Taxes. “SFD Unit” means a residential dwelling unit that does not share a common wall with another residential dwelling unit.
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CFD No. 2024-2
(FV #2)
8 June
27, 2024
“Single Family Attached Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit was issued for construction of a residential structure consisting of two or more Units that share common walls and are offered as for-sale Units, including such residential structures that meet the statutory definition of a condominium contained in Civil Code Section 1351.
“Single Family Detached Lot” means an individual residential lot, identified and numbered on a recorded Final Map, on which a Building Permit has been or is permitted to be issued for construction of an SFD Unit without further subdivision of the lot and for which no further subdivision of the lot is anticipated pursuant to an approved Tentative Map. “Single Family Detached Property” means, in any Fiscal Year, all Parcels of Developed Property for which a Building Permit was issued or will be issued for construction of a SFD Unit. #11..
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CFD No. 2024-2
(FV #2)
9 June
27, 2024
“Special Taxes” means, collectively, the One-Time Facilities Special Tax and the Annual Maintenance Special Tax.
“Subdivision Map” means a Final Map, large lot subdivision map, or other map recorded with the County that results in the subdivision of an Original Parcel into two or more Successor Parcels.
“Successor Parcel” means an Assessor’s Parcel of Taxable Property created by the subdivision or reconfiguration of an Original Parcel on which construction of a residential or nonresidential structure is permitted. “Taxable Property” means all Assessor’s Parcels within the boundaries of the CFD that are not exempt from the Special Tax pursuant to law or Section G below. “Tentative Map” means a tentative map or substantial conformance exhibit for property in the CFD, including any adjustments or amendments thereto. “Undeveloped Property” means, in any Fiscal Year, all Parcels of Taxable Property within the CFD that are not Developed Property.
“Unit” means (i) for Single Family Detached Property, an SFD Unit and (ii) for Single Family Attached Property, an individual residential unit within a duplex, triplex, fourplex, townhome, or condominium structure.

B. DATA FOR ANNUAL ADMINISTRATION
On or about July 1 of each Fiscal Year, the Administrator shall identify the current Assessor’s Parcel numbers for all Parcels of Taxable Property. The Administrator shall also: (i) assign each Parcel of Taxable Property to the appropriate Development Class; (ii) determine whether each Assessor’s Parcel of Taxable Property is Developed Property or Undeveloped Property, (iii) for Developed Property, categorize each Parcel as Single Family Detached Property, Single Family Attached Property, or Other Property, (iv) for Parcels of Single Family Attached Property, determine the number of Units on each Parcel, (v) for Other Property, determine the Acreage of each Parcel, and (vi) determine the Maintenance Special Tax Requirement. #11..
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CFD No. 2024-2
(FV #2)
1 0
June
27, 2024
For Single Family Attached Property, the number of Units shall be determined by referencing the relevant Development Plan. If, in any Fiscal Year, an Assessor’s Parcel includes both Developed Property and Undeveloped Property, the Administrator shall determine the acreage associated with the Developed Property, subtract this acreage from the total Acreage of the Assessor’s Parcel, and use the remaining acreage to calculate the Special Tax that will apply to Undeveloped Property within the Assessor’s Parcel. The Special Tax shall then be calculated for Developed Property on the Parcel, and the total Special Tax levied on the Assessor’s Parcel shall be the sum of the Special Taxes determined separately for the Undeveloped Property and Developed Property on the Parcel.

C. CALCULATING THE MAXIMUM SPECIAL TAXES
The Administrator shall use the procedures set forth below to calculate the Maximum Special Taxes for each Parcel in the CFD in each Fiscal Year. #11..
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CFD No. 2024-2
(FV #2)
1 1
June
27, 2024

1. Original Parcels
The Maximum Special Taxes for each Original Parcel in the CFD as of CFD Formation are identified in Attachment 1. Attachment 1 will be updated by the Administrator as needed to reflect Original Parcels added to the CFD due to annexations.

2. Successor Parcels
a. All Successor Parcels are Single Family Detached Lots If the Parcels created by a recorded Subdivision Map are all Single Family Detached Lots, the Administrator shall apply the following steps to allocate the Maximum Special Taxes assigned to the Original Parcel to each of the Successor Parcels created by the subdivision:

Step 1: Identify the Maximum Special Taxes assigned to the Original Parcel;
Step 2: Divide the Maximum Special Taxes from Step 1 by the number of Single Family Detached Lots created by the Subdivision Map to determine the Maximum Special Taxes for each Single Family Detached Lot. b. No Successor Parcels are Single Family Detached Lots If none of the Successor Parcels created by recordation of a Subdivision Map are Single Family Detached Lots, the Administrator shall apply the following steps to allocate the Maximum Special Taxes assigned to the Original Parcel to each of the Successor Parcels:

Step 1: Identify the Maximum Special Taxes assigned to the Original Parcel;
Step 2: Determine the total Acreage of Taxable Property created by subdivision of the Original Parcel;
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CFD No. 2024-2
(FV #2)
1 2
June
27, 2024
Step 3: Divide the Maximum Special Taxes from Step 1 by the Acreage from Step 2 to calculate Maximum Special Taxes per acre;
Step 4: Multiply the per-acre Maximum Special Taxes from Step 3 by the Acreage in each Successor Parcel to calculate the Maximum Special Taxes for each Successor Parcel.

If, after subdivision of an Original Parcel, a Successor Parcel is further subdivided, the Successor Parcel shall be treated as an Original Parcel for purposes of allocating Maximum Special Taxes pursuant to Section C.2a, C.2b, or C.2c, as appropriate. c. Some, But Not All, Successor Parcels are Single Family Detached Lots If a Subdivision Map divides an Original Parcel into Successor Parcels, of which some are Single Family Detached Lots and some are not, the Administrator shall apply the following
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CFD No. 2024-2
(FV #2)
1 3
June
27, 2024
steps to allocate the Maximum Special Taxes assigned to the Original Parcel to each of the Successor Parcels:

Step 1: Identify the Maximum Special Taxes assigned to the Original Parcel;
Step 2: Determine the total Acreage of Taxable Property created by subdivision of the Original Parcel;
Step 3: Determine the total Acreage of Single Family Detached Property created by the subdivision by taking the sum of the Acreage in the individual Single Family Detached Lots;
Step 4: Divide the Maximum Special Taxes from Step 1 by the Acreage calculated in Step 2 to calculate Maximum Special Taxes per acre;
Step 5: Multiply the per-acre Maximum Special Taxes calculated in Step 4 by the Acreage of Single Family Detached Property calculated in Step 3 to determine the total Maximum Special Taxes to be assigned to the Single Family Detached Property created by the subdivision; Step 6: Divide the amount calculated in Step 5 by the number of Single Family Detached Lots created by the subdivision to determine the Maximum Special Taxes for each Single Family Detached Lot;
Step 7: Multiply the per-acre Maximum Special Taxes calculated in Step 4 by the Acreage of each Successor Parcel that is not Single Family Detached Property to calculate the Maximum Special Taxes for such Parcels.

If, after subdivision of an Original Parcel, a Successor Parcel is further subdivided, the Successor Parcel shall be treated as an Original Parcel for purposes of allocating Maximum Special Taxes pursuant to Section C.2a, C.2b, or C.2c, as appropriate.
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CFD No. 2024-2
(FV #2)
1 4
June
27, 2024
After each reallocation of the Maximum Special Taxes upon subdivision or reconfiguration of Original Parcels, the sum of the Maximum Special Taxes assigned to Successor Parcels shall never be less than the Maximum Special Taxes assigned to the Original Parcels prior to such reallocation.

D. ESCALATION OF MAXIMUM SPECIAL TAXES

1. One-Time Facilities Special Tax
Beginning in January 2025 and each January thereafter, the Maximum One-Time Facilities Special Tax assigned to each Parcel shall be adjusted by the Escalation Factor. Each annual adjustment of the Maximum One-Time Facilities Special Tax shall become effective on the subsequent July 1.
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CFD No. 2024-2
(FV #2)
1 5
June
27, 2024

2. Annual Maintenance Special Tax
Beginning in January 2025 and each January thereafter, the Maximum Annual Maintenance Special Tax shall be adjusted by the Escalation Factor. Each annual adjustment of the Maximum Annual Maintenance Special Tax shall become effective on the subsequent July 1.

E. METHOD OF LEVY OF SPECIAL TAXES

1. One-Time Facilities Special Tax
Prior to issuance of a Building Permit for a Parcel of Taxable Property, the One-Time Facilities Special Tax shall be levied on the Parcel in the amount of the One-Time Special Tax Requirement for the Parcel, as determined by the City.

2. Annual Maintenance Special Tax
Each Fiscal Year, the Administrator shall determine the Maintenance Special Tax Requirement for that Fiscal Year. The Annual Maintenance Special Tax shall then be levied on all Parcels of Taxable Property as follows:

Step 1: The Annual Maintenance Special Tax shall be levied Proportionately on each Parcel of Developed Property within the CFD up to 100% of the Maximum Annual Maintenance Special Tax for each Parcel for such Fiscal Year; Step 2: If additional revenue is needed after Step 1, the Annual Maintenance Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property within the CFD, up to 100% of the Maximum Annual Maintenance Special Tax for each Parcel of Undeveloped Property for such Fiscal Year.

F. COLLECTION OF SPECIAL TAXES
The One-Time Facilities Special Tax shall be collected prior to a Building Permit being issued for any residential or non-residential structure on Taxable Property and shall be immediately delinquent if not so paid.

The Annual Maintenance Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that the City may directly bill, collect at a different time or in a different manner, and/or collect delinquent Annual Maintenance Special Taxes through foreclosure or other available methods. The Annual Maintenance Special Tax will continue to be levied and collected unless and until the City determines that Annual Maintenance Special Tax revenues are no longer needed to pay for Authorized Services.
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CFD No. 2024-2
(FV #2)
1 6
June
27, 2024
G. EXEMPTIONS
No Special Taxes shall be levied on Public Property or Owners Association Property, as defined herein. Notwithstanding the foregoing, if in any Fiscal Year, a Parcel of Public Property is converted to private use, such Parcel shall be subject to the levy of Special Taxes. In such case, #11..
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CFD No. 2024-2
(FV #2)
1 7
June
27, 2024
the City shall determine the appropriate Maximum Special Taxes for the Parcel based on the land uses to be constructed on the Parcel.

H. INTERPRETATION OF SPECIAL TAX FORMULA
The City reserves the right to make minor administrative and technical changes to this document that does not materially affect the rate and method of apportioning the Special Taxes. In addition, the interpretation and application of any section of this document shall be left to the City’s discretion. Interpretations may be made by the City by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this RMA.
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ATTACHMENT 1

CITY OF MODESTO

COMMUNITY FACILITIES DISTRICT
NO. 2024-2 (FAIRVIEW VILLAGE #2)
Maximum Special Taxes Assigned to Each Original
Parcel
Assessor’s
Parcel
Number
Fiscal Year
2024-25
Maximum One-Time
Facilities Special Tax [1]
Fiscal Year
2024-25
Maximum Annual
Maintenance Special Tax [2]
056-027-009 $1,834,935 $191,716

1. Beginning in January 2025 and each January thereafter, the Maximum One-Time Facilities Special Tax shall be adjusted by the Escalation Factor. Each annual adjustment of the Maximum One-Time Facilities Special Tax shall become effective on the subsequent July 1.

APPENDIX C

PROPOSED BOUNDARY MAP OF
CITY OF MODESTO COMMUNITY FACILITIES DISTRICT NO. 2024-2 (FAIRVIEW #2)
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CITY OF MODESTO
COMMUNITY FACILITIES DISTRICT NO. 2024-2
(FAIRVIEW VILLAGE #2)

LIST OF FACILITIES
The types of Facilities and Services proposed to be financed by Community Facilities District No. 2024-2 (CFD) are as follows:

Authorized Facilities:

APPENDIX C

CITY OF MODESTO
COMMUNITY FACILITIES DISTRICT NO. 2024-2
(FAIRVIEW VILLAGE #2)

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Map or other Development Plan.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, (commencing with Section 53311), Part 1, Division 2 of Title 5 of the California Government Code.
“Administrative Expenses” means any or all of the following: the expenses of the City in carrying out its duties with respect to the CFD, including, but not limited to, the levy and collection of Special Taxes, the fees and expenses of its counsel, charges levied by the County in connection with the levy and collection of Special Taxes, costs related to property owner inquiries regarding the Special Taxes, costs associated with appeals or requests for interpretation associated with the Special Taxes and this RMA, costs associated with foreclosure and collection of delinquent Special Taxes, and all other costs and expenses of the City in any way related to the establishment or administration of the CFD.
“Administrator” means the person or firm designated by the City to administer the Special Taxes according to this RMA.
“Annual Maintenance Special Tax” means a special tax levied in any Fiscal Year to pay the Maintenance Special Tax Requirement, as defined below.
“Assessor’s Parcel” or “Parcel” means a lot or parcel shown on an Assessor’s Parcel Map with an assigned Assessor’s Parcel number.
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CFD No. 2024-2 (FV #2) 2 June 27, 2024
“Assessor’s Parcel Map” means an official map of the County Assessor designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means a unique number assigned to an Assessor’s Parcel by the County Assessor for purposes of identifying a property. “Authorized Facilities” means the public facilities authorized to be funded by the CFD as set forth in the documents adopted by the City Council when the CFD was formed. “Authorized Services” means the public services authorized to be funded by the CFD as set forth in the documents adopted by the City Council when the CFD was formed. “Building Permit” means a permit that allows for vertical construction of a building or buildings, which shall not include a separate permit issued for construction of the foundation thereof. “CFD” means the City of Modesto Community Facilities District No. 2024-2 (Fairview Village #2).
“CFD Formation” means the date on which the Resolution of Formation to form the CFD was adopted by the City Council.
“City” means the City of Modesto.
“City Council” means the City Council of the City of Modesto, acting as the legislative body of the CFD.
“County” means the County of Stanislaus.
“Developed Property” means, in any Fiscal Year, the following:

For purposes of levying the Annual Maintenance Special Tax:
• for Single Family Detached Property, all Parcels for which a Final Map was recorded prior to June 30 of the preceding Fiscal Year but not prior to June 30, 2023; • for Single Family Attached Property, all Parcels for which a Building Permit was issued prior to June 30 of the preceding Fiscal Year but not prior to June 30, 2023; • for Other Property, all parcels for which a Building Permit was issued prior to June 30 of the preceding Fiscal Year.

“Original Parcel” means an Assessor’s Parcel in the CFD at the time of CFD Formation, or added to the CFD upon annexation, as identified in Attachment 1 (which shall be updated after each annexation). A Successor Parcel that is being further subdivided shall also be considered an Original Parcel for purposes of determining the Maximum Special Taxes pursuant to Section C below.
“Owners Association” means a homeowners association or property owners association that provides services to, and collects assessments, fees, dues, or charges from, property within the CFD.
“Owners Association Property” means any property within the boundaries of the CFD that is owned in fee or through easement by the Owners Association, not including any such property that is located directly under a residential structure.
“Other Property” means any Parcel of Developed Property in the CFD that is not Single Family Attached Property or Single Family Detached Property.
“Proportionately” means, for each Development Class, that the ratio of the actual Annual Maintenance Special Tax levied in any Fiscal Year to the Maximum Annual Maintenance Special Tax authorized to be levied in that Fiscal Year is equal for all parcels assigned to the Development Class.
“Public Property” means any property within the boundaries of the CFD that is owned by the federal government, State of California, County, City, or other public agency. “RMA” means this Rate and Method of Apportionment of Special Taxes. “SFD Unit” means a residential dwelling unit that does not share a common wall with another residential dwelling unit.
“Single Family Attached Property” means, in any Fiscal Year, all Parcels of Developed Property for which a building permit was issued for construction of a residential structure consisting of two or more Units that share common walls and are offered as for-sale Units, including such residential structures that meet the statutory definition of a condominium contained in Civil Code Section 1351.
“Single Family Detached Lot” means an individual residential lot, identified and numbered on a recorded Final Map, on which a Building Permit has been or is permitted to be issued for construction of an SFD Unit without further subdivision of the lot and for which no further subdivision of the lot is anticipated pursuant to an approved Tentative Map. “Single Family Detached Property” means, in any Fiscal Year, all Parcels of Developed Property for which a Building Permit was issued or will be issued for construction of a SFD Unit. #11..
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CFD No. 2024-2 (FV #2) 5 June 27, 2024
“Special Taxes” means, collectively, the One-Time Facilities Special Tax and the Annual Maintenance Special Tax.

“Subdivision Map” means a Final Map, large lot subdivision map, or other map recorded with the County that results in the subdivision of an Original Parcel into two or more Successor Parcels. “Successor Parcel” means an Assessor’s Parcel of Taxable Property created by the subdivision or reconfiguration of an Original Parcel on which construction of a residential or non-residential structure is permitted.
“Taxable Property” means all Assessor’s Parcels within the boundaries of the CFD that are not exempt from the Special Tax pursuant to law or Section G below. “Tentative Map” means a tentative map or substantial conformance exhibit for property in the CFD, including any adjustments or amendments thereto.
“Undeveloped Property” means, in any Fiscal Year, all Parcels of Taxable Property within the CFD that are not Developed Property.
“Unit” means (i) for Single Family Detached Property, an SFD Unit and (ii) for Single Family Attached Property, an individual residential unit within a duplex, triplex, fourplex, townhome, or condominium structure.

For Single Family Attached Property, the number of Units shall be determined by referencing the relevant Development Plan. If, in any Fiscal Year, an Assessor’s Parcel includes both Developed Property and Undeveloped Property, the Administrator shall determine the acreage associated with the Developed Property, subtract this acreage from the total Acreage of the Assessor’s Parcel, and use the remaining acreage to calculate the Special Tax that will apply to Undeveloped Property within the Assessor’s Parcel. The Special Tax shall then be calculated for Developed Property on the Parcel, and the total Special Tax levied on the Assessor’s Parcel shall be the sum of the Special Taxes determined separately for the Undeveloped Property and Developed Property on the Parcel.

C. CALCULATING THE MAXIMUM SPECIAL TAXES
The Administrator shall use the procedures set forth below to calculate the Maximum Special Taxes for each Parcel in the CFD in each Fiscal Year.
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CFD No. 2024-2 (FV #2) 6 June 27, 2024

Step 1: Identify the Maximum Special Taxes assigned to the Original Parcel; Step 2: Divide the Maximum Special Taxes from Step 1 by the number of Single Family Detached Lots created by the Subdivision Map to determine the Maximum Special Taxes for each Single Family Detached Lot.
b. No Successor Parcels are Single Family Detached Lots If none of the Successor Parcels created by recordation of a Subdivision Map are Single Family Detached Lots, the Administrator shall apply the following steps to allocate the Maximum Special Taxes assigned to the Original Parcel to each of the Successor Parcels:

Step 1: Identify the Maximum Special Taxes assigned to the Original Parcel; Step 2: Determine the total Acreage of Taxable Property created by subdivision of the Original Parcel;
Step 3: Divide the Maximum Special Taxes from Step 1 by the Acreage from Step 2 to calculate Maximum Special Taxes per acre;
Step 4: Multiply the per-acre Maximum Special Taxes from Step 3 by the Acreage in each Successor Parcel to calculate the Maximum Special Taxes for each Successor Parcel.

If, after subdivision of an Original Parcel, a Successor Parcel is further subdivided, the Successor Parcel shall be treated as an Original Parcel for purposes of allocating Maximum Special Taxes pursuant to Section C.2a, C.2b, or C.2c, as appropriate. c. Some, But Not All, Successor Parcels are Single Family Detached Lots If a Subdivision Map divides an Original Parcel into Successor Parcels, of which some are Single Family Detached Lots and some are not, the Administrator shall apply the following #11..
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CFD No. 2024-2 (FV #2) 7 June 27, 2024
steps to allocate the Maximum Special Taxes assigned to the Original Parcel to each of the Successor Parcels:

Step 1: Identify the Maximum Special Taxes assigned to the Original Parcel; Step 2: Determine the total Acreage of Taxable Property created by subdivision of the Original Parcel;
Step 3: Determine the total Acreage of Single Family Detached Property created by the subdivision by taking the sum of the Acreage in the individual Single Family Detached Lots;
Step 4: Divide the Maximum Special Taxes from Step 1 by the Acreage calculated in Step 2 to calculate Maximum Special Taxes per acre; Step 5: Multiply the per-acre Maximum Special Taxes calculated in Step 4 by the Acreage of Single Family Detached Property calculated in Step 3 to determine the total Maximum Special Taxes to be assigned to the Single Family Detached Property created by the subdivision; Step 6: Divide the amount calculated in Step 5 by the number of Single Family Detached Lots created by the subdivision to determine the Maximum Special Taxes for each Single Family Detached Lot;
Step 7: Multiply the per-acre Maximum Special Taxes calculated in Step 4 by the Acreage of each Successor Parcel that is not Single Family Detached Property to calculate the Maximum Special Taxes for such Parcels.

After each reallocation of the Maximum Special Taxes upon subdivision or reconfiguration of Original Parcels, the sum of the Maximum Special Taxes assigned to Successor Parcels shall never be less than the Maximum Special Taxes assigned to the Original Parcels prior to such reallocation.

D. ESCALATION OF MAXIMUM SPECIAL TAXES

1. One-Time Facilities Special Tax
Beginning in January 2025 and each January thereafter, the Maximum One-Time Facilities Special Tax assigned to each Parcel shall be adjusted by the Escalation Factor. Each annual adjustment of the Maximum One-Time Facilities Special Tax shall become effective on the subsequent July 1. #11..
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CFD No. 2024-2 (FV #2) 8 June 27, 2024

E. METHOD OF LEVY OF SPECIAL TAXES

G. EXEMPTIONS
No Special Taxes shall be levied on Public Property or Owners Association Property, as defined herein. Notwithstanding the foregoing, if in any Fiscal Year, a Parcel of Public Property is converted to private use, such Parcel shall be subject to the levy of Special Taxes. In such case, #11..
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CFD No. 2024-2 (FV #2) 9 June 27, 2024
the City shall determine the appropriate Maximum Special Taxes for the Parcel based on the land uses to be constructed on the Parcel.

CITY OF MODESTO
COMMUNITY FACILITIES DISTRICT NO. 2024-2
(FAIRVIEW VILLAGE #2)
Maximum Special Taxes Assigned to Each Original Parcel
Assessor’s
Parcel
Number
Fiscal Year
2024-25
Maximum One-Time
Facilities Special Tax [1]
Fiscal Year
2024-25
Maximum Annual
Maintenance Special Tax [2]
056-027-009 $1,834,935 $191,716

2. Beginning January 2025 and each January thereafter, the Maximum Annual Maintenance Special Tax shall be adjusted annually by the Escalation Factor. Each annual adjustment of the Maximum Annual Maintenance Special Tax shall become effective on the subsequent July 1. #11..
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APN
056-027-009
APN
056-028-010
APN
056-028-014
APN
056-028-012
APN
056-028-015
APN
056-027-010
APN
056-028-013
APN
056-028-008
APN
056-028-007
N00°31'14"E 1309.42'
N89°57'49"W 2457.12'
N00°15'49"W 2604.35'
N89°52'30"W 1262.83'
N00°17'10"W 802.56'
N89°52'30"W 542.77'
N00°17'15"W 772.58'
S00°15'01"E 29.98'
N89°52'30"W 1990.17'
N45°05'00"W 21.13'
S00°17'30"E 2123.51'
N00°17'30"W
460.10' N00°17'36"W 1176.77'
R=6050 0. 0' Δ=1°54 3' 3" L=201.59 N02°11'54"W 392.50'
N43°04'02"E 21.11'
N88°19'57"E 187.63'
Δ=R
3=450.00'
L=2
2 5
°25'40" 4.69
N59°14'23"W
401.75'
R=1650.00' Δ=22°20'21" L=643.33
50'
50'

ST SALAZAR CIR

ST THERESA WAY

CARPENTER ROAD

HATCH ROAD

WHITMORE AVE

TUOLUMNE RIVER

ST SEBASTIAN WAY
TID LATERAL NO. 1

FUTURE ANNEXATION AREA
204.89 ACRES
FAIRVIEW VILLAGE #2

40.15 ACRES

FUTURE ANNEXATION AREA

21.99 ACRES
N89°51'42"W 1075.06'
N28°37'09"E 525.20'
R=417.50'
Δ=6°46'53"
L=49.41
N89°28'46"W 1106.02'
888.03'
830.41'
N89°28'46"W
141.26'
N87°05'35"W 120.09'
1 1

WHITMORE AVE

CARPENTER RD

TUOLUMNE RIVER

HATCH RD

ST SALAZAR CIR
TID
SITE

MODESTO SEWAGE

DISPOSAL PLANT

IRONSIDE DR

USTICK RD

PROPOSED BOUNDARIES OF
CITY OF MODESTO COMMUNITY FACILITIES DISTRICT NO. 2024-2 (FAIRVIEW VILLAGE #2)

CITY OF MODESTO, COUNTY OF STANISLAUS, STATE OF CALIFORNIA FILED THIS DAY OF , 2024, AT THE HOUR OF O'CLOCK .M.

IN BOOK OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE(S) , IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF STANISLAUS, STATE OF CALIFORNIA.

DONNA LINDER, COUNTY RECORDER OF THE COUNTY OF STANISLAUS, STATE OF CALIFORNIA BY: ____________________________________ PRINT NAME

COUNTY RECORDER'S STATEMENT

I HEREBY CERTIFY THAT THIS MAP SHOWING THE PROPOSED BOUNDARIES OF CITY OF MODESTO COMMUNITY FACILITIES DISTRICT 2024-2 (FAIRVIEW VILLAGE #2), CITY OF MODESTO, COUNTY OF

STANISLAUS, STATE OF CALIFORNIA, WAS APPROVED BY THE COUNCIL OF THE CITY OF MODESTO AT A REGULAR MEETING THEREOF, HELD ON THE _____ DAY OF _________________, 2024, BY ITS RESOLUTIONS NO. 2024-________________.

STEPHANIE LOPEZ, CITY CLERK
BY: _________________________________ __________________________________

PRINT NAME
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF MODESTO SHOWING THIS ______ DAY OF ___________________, 2024.

STEPHANIE LOPEZ, CITY CLERK
BY: ________________________________ ___________________________________

PRINT NAME

CITY CLERK'S STATEMENTS
odellengineering.com
1165 Scenic Drive, Suite A
Modesto, CA 95350
LEGEND

PROPOSED BOUNDARIES OF COMMUNITY
FACILITIES DISTRICT NO. 2024-2
125 250 500
SCALE: 1" = 250'
0 NOT TO SCALE

VICINITY MAP

FUTURE ANNEXATION AREA
#11..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

September 10, 2024
Date: August 13, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Director of Engineering Services / City Engineer SUBJECT: Will Serve Letter and Outside Service Agreement for Water service for 1108 Reno Avenue (APN: 029-011-027)
CONTACT: Jaspreet Mangat, Senior Civil Engineer, [email protected] 209-577-5253
DESCRIPTION:

Consider approving a Will Serve Letter and Outside Service Agreement with Stump Family Land Company, LLC, A California Limited Liability Company, to connect to the City of Modesto’s existing water system for the property located at 1108 Reno Avenue (APN: 029-011-027). (Funding Sources: Water Fund)
STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s 2020-2025 Strategic Plan Goal D, ensure safe, efficient, and reliable infrastructure.

BACKGROUND:

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

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

On November 25, 2014, by Resolution No. 2014-472 Council approved amending City Council Policy 5.001. On December 9, 2014, the City Council approved adoption of Ordinance No. 3611- C.S. amending City of Modesto Municipal Code Section 11-1.05. Both amendments included language allowing the City Manager, upon the recommendation of the Director responsible for utility system planning, to approve extension of water services into the former Del Este Water Service Areas without City Council approval. However, the subject parcel is not located within the former Del Este Water Service Area and therefore requires City Council approval prior to allowing the new water connection.
#12..
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City Council, September 10, 2024
Will Serve Letter and Outside Service Agreement for Water Service for 1108 Reno Avenue (APN: 029-011-027)

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Modesto City CouncilSeptember 10, 2024

Modesto City Council
September 10, 2024