Modesto City Council
June 10, 2025

- 1 -
6/10/2025 5:30:00 PM
*Via Teleconference
Councilmember Escutia-Braaton
Renaissance Seattle Hotel
515 Madison Street
Seattle, WA. 98104
Inquire at the front desk

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, June 10, 2025 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.
- 1 -
6/10/2025
- 2 -
6/10/2025 5:30:00 PM
You may observe a livestream of the meeting at http://media.modestogov.com. You may also view or listen to the meeting as indicated below.

THE MEETING CAN BE VIEWED BY ZOOM VIDEO

CONFERENCING OR TELEPHONE
Joining the City Council meeting via Zoom
The City of Modesto is now offering the ability to view Council meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
 Enter the following link into an Internet Browser
https://us02web.zoom.us/j/95895497651
 Enter the following link into an Internet Browser https://zoom.us/ and using the Webinar ID: 958 9549 7651
 Passcode: 84326
To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Council meeting.

Joining the City Council meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can listen by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID: 958 9549 7651 Passcode: 84326

SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Councilmembers and placed in the record but will not be read aloud during the meeting. Written comments must be received two hours before the meeting.

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

Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Clerk’s office during normal business hours. Such documents are also available online, subject to staff’s ability to post the documents before the meeting, at the following website https://www.modestogov.com/council-meetings In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA - 2 -
6/10/2025
- 3 -
6/10/2025 5:30:00 PM
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: Darrell Cummings, Christ Community Church
City Clerk’s Announcements
Declaration of Conflicts of Interest

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Proclamation declaring June 19th as Juneteenth. (Funding Source: Not Applicable) CITY COUNCIL; Breanna Griffin, 209-577-5421, [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 Council member.

Consent

2. Consider approving the minutes for the June 3, 2025 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
- 3 -
6/10/2025
- 4 -
6/10/2025 5:30:00 PM
 Motion approving the minutes for the June 3, 2025 Council Meeting.

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

3. Consider accepting the update on the 2020-2025 Blight Abatement Strategy and adopting the 2025-2027 Blight Abatement Strategy. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution approving the 2025-2027 Blight Abatement Strategy for adoption.

CITY MANAGER; Allison Van Guilder, 209-571-5571, [email protected] Consent

4. Consider approving an Agreement with Downtown Streets Team (DST) for an annual amount of $500,000 and a total amount not to exceed $1,000,000 for job training and rapid rehousing services for a two year term. (Funding Source: Litter Abatement Fund, State Funds)
Staff Recommendation:
 Resolution approving an Agreement with Downtown Streets Inc. (DST) for job training and rapid re-housing services for an annual amount of $500,000 and a total amount not to exceed $1,000,000 for a two year term, and authorizing the City Manager, or his designee, to execute the Agreement.  Resolution amending the fiscal year 2024-25 annual operating fund budgets and creating a multi-year project in the amount of $1,100,000 to appropriate the funds for the agreement with Downtown Streets Inc. for job training and rapidrehousing services and city activity delivery in the amount of $100,000 for a total amount not to exceed $1,100,000 and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this Resolution.

CED; Edgar Garcia, 209-571-5101, [email protected] Consent

5. Consider approving an Agreement with the State of California Department of Housing and Community Development for the acceptance of Encampment Resolution Funding Program in the amount of $5,757,847 and approving sub-awards to Modesto Gospel Mission for $1,491,967 and Salvation Army for $669,167. (Funding Source:

Encampment Resolution Funding)
Staff Recommendation:
 Resolution approving an Agreement with the State of California Department of Housing and Community Development for the acceptance of Encampment Resolution Funding Program in the amount of $5,757,847, and authorizing the City Manager to execute Agreements and submit applicable documents as required by the State, and authorizing the City Manager to negotiate and execute Agreements for the allocation of sub-awards to Modesto Gospel Mission for $1,491,967 and Salvation Army for $699,167 to carry out the provisions of this Resolution.
 Resolution amending the Fiscal Year 2024-25 Annual Operating and NonCapital Project fund budgets to establish the revenue, expenditures, and - 4 -
6/10/2025
- 5 -
6/10/2025 5:30:00 PM
transfers for Project #101663 in the amount of $5,757,847 to appropriate funds for the Encampment Resolution Funding Program and authorizing the City Manager, to take the necessary steps to implement the provisions of this Resolution.

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

6. Consider approving an Agreement with Turning Point Community Programs, Rancho Cordova, California to administer a short-term Motel Voucher Program that assist individuals experiencing homelessness in an amount not to exceed $200,000. (Funding Source: Measure H)
Staff Recommendation:
 Resolution approving an Agreement with Turning Point Community Programs, Rancho Cordova, California to administer a Motel Voucher Program to assist individuals experiencing homelessness in an amount not to exceed $200,000, and authorizing the City Manager, or his designee, to execute the Agreement.

CED; Edgar Garcia, 209-571-5101, [email protected] Consent

7. Consider approving a Resolution of Intention to form the City of Modesto Community Facilities District (CFD) No. 2025-2 (Village One Triangle), an area bounded by Claus Road, East Briggsmore Avenue, and the railroad along North Santa Fe Avenue, and to designate certain parcels as future annexation areas for the CFD No. 2025-2. (Funding Source: Developer Deposit)
Staff Recommendation:
 Resolution of Intention to form City of Modesto Community Facilities District (CFD) No. 2025-2 (Village One Triangle), an area bounded by Claus Road, East Briggsmore Avenue, and the railroad along North Santa Fe Avenue, and to designate certain parcels as future annexation areas for the CFD No. 2025-2 and authorize the Levy of Special Tax within CFD. No. 2025-2.

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

8. Consider approving an Ordinance amending Section 8-10.102 “Membership of Commission” of Title 8, Chapter 10, “Citizens’ Transportation Sales Tax Commission” and a Resolution amending the bylaws relating to membership requirements. (Funding Source: Not Applicable)
Staff Recommendation:
 Motion introducing and waiving the first reading of an Ordinance amending Section 8-10.102 “Membership of Commission” of Title 8, Chapter 10, “Citizens’ Transportation Sales Tax Commission”.
 Resolution amending the Citizens’ Transportation Sales Tax Commission bylaws relating to membership requirements.

ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected] - 5 -
6/10/2025
- 6 -
6/10/2025 5:30:00 PM
Consent

9. Consider accepting the State Route 99/Pelandale Interchange Reconstruction Phase II – Pelandale Avenue and Sisk Road, CML 5059(258) Project as complete, releasing securities, releasing payments totaling $1,798,161 to United Pavement Maintenance, Inc., of Hughson, CA, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Congestion Mitigation and Air Quality (CMAQ) and Streets Capital Facilities Fees (CFF))
Staff Recommendation:
 Resolution accepting the State Route 99/Pelandale Interchange Reconstruction Phase II – Pelandale Avenue and Sisk Road, CML 5059(258) Project, releasing securities, releasing payments totaling $1,798,161 to United Pavement Maintenance, Inc., of Hughson, CA, and authorizing the City Clerk to file a Notice of Completion.

ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] Consent

10. Consider accepting the Grayson Well 69 (Replacing Well 274) Project as complete, releasing securities, releasing payments totaling $3,059,859 to W.M. Lyles Co., of Fresno CA, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Water Fund)
Staff Recommendation:
 Resolution accepting the Grayson Well 69 (Replacing Well 274) Project as complete, releasing securities, releasing payments totaling $3,059,859 to W.M.

Lyles Co., of Fresno CA, and authorizing the City Clerk to file a Notice of Completion.

ENGINEERING SERVICES; Pete Kambel, 209-577-5444, [email protected] Consent

11. Consider approving the updates to the City’s Debt Management Policy. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution approving the updates to the City’s Debt Management Policy.

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

12. Consider approving the updates to the City’s Investment Policy. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution approving the updates to the City’s Investment Policy.

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

13. Consider accepting an Informational Report for the April 2025 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) - 6 -
6/10/2025
- 7 -
6/10/2025 5:30:00 PM
Staff Recommendation:
 Motion accepting an Informational Report for the April 2025 Accounts Payable Payment Register and Void Report.

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

14. Consider approving the purchase for two Fleet Additions and Replacements for Fleet Vehicles which includes one Wirtgen W120Fi-FCS Pavement Grinder and one Vactor 2100i Fan Truck in the amount not to exceed $1,774,706. (Funding Source: Fleet Replacement Fund and Sewer)
Staff Recommendation:
 Resolution approving the Competitive Bidding Process from Sourcewell to Wirtgen America, Inc., Antioch, TN under the authorized dealer, Nixion-Egli Equipment Company, Tracy, CA for the purchase of one Wirtgen W120Fi-FCS Pavement Grinder for an amount not to exceed $797,910; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any Change Orders not to exceed 15% of the total purchase price.
 Resolution approving the Competitive Bidding Process from Sourcewell to Vactor Manufacturing, Streator, IL under the authorized dealer, Owen Equipment, Fairfield, CA for the purchase of one Vactor 2100i Fan Truck for an amount not to exceed $745,310; 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] Consent

15. Consider accepting the Final Report of the Employment after Retirement Review conducted by California Public Employees’ Retirement System (CalPERS). (Funding Source: Various Funds)
Staff Recommendation:
 Motion accepting the Final Report of the Employment after Retirement Review conducted by California Public Employees’ Retirement System (CalPERS).

HUMAN RESOURCES; Dawn Kelley, 209-577-5490, [email protected] Consent

16. Consider approving an Agreement with Nynox Solutions, Princeton, NJ, to implement and support an AI-powered search engine for a total amount not to exceed $255,000 over three years. (Funding Source: Information Technology Funds) Staff Recommendation:
 Resolution approving an Agreement with Nynox Solutions, Princeton, NJ, to implement and support an AI-powered search engine for a total amount not to exceed $255,000 over three years; and authorizing the City Manager, or his designee, to execute the Agreement.
- 7 -
6/10/2025
- 8 -
6/10/2025 5:30:00 PM
IT; Dameon Booker, 209-571-5229, [email protected] Consent

17. Consider approving an Agreement with InTime Solutions, Ferndale, WA, for Scheduling and Time-Keeping Management Software for ongoing Maintenance and Support Services for a total amount not to exceed $278,377 over five years. (Funding Source: General Fund)
Staff Recommendation:
 Resolution approving an Agreement with InTime Solutions, Ferndale, WA, for Scheduling and Time-Keeping Management Software for a five-year Agreement for an estimated amount of $267,670, with a 4% contingency in the amount of $10,707, for total amount not to exceed $278,377; and authorizing the City Manager, or his designee, to execute the Agreement.

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

18. Consider approving adjustments to various Airport rates and fees for specific activities and services at the Modesto City-County Airport, effective July 1, 2025, rescinding Resolution No. 2024-183. (Funding Source: Airport Operating Revenue) Staff Recommendation:
 Resolution approving adjustments to various Airport rates and fees for specific activities and services at the Modesto City-County Airport (Airport), effective July 1, 2025, and rescinding resolution No: 2024-183.

PUBLIC WORKS; Marisol Navarro, 209-577-5319, [email protected] Consent

19. Consider approving an Amended Department of Water Resources 2021 Urban and Multibenefit Drought Relief Grant Program Award of $2,500,000 for the Well 312 Treatment System and Flush Line Project and authorizing a First Amendment to the Local Project Sponsor Agreement with Contra Costa Water District. (Funding Source:

Water Fund)
Staff Recommendation:
 Resolution approving the Department of Water Resources Amended 2021 Urban and Multibenefit Drought Relief Grant Program Award of $2,500,000 for the Well 312 Treatment System and Flush Line Project, approving an Amended Local Project Sponsor Agreement with Contra Costa Water District, and authorizing the City Manager, or his designee, to execute the Amended Agreement.
 Resolution amending the Fiscal Year 2024-25 Capital Improvement Program Budget in the amount of $1,500,000 in order to accept an Amended Grant Award from the Department of Water Resources and Authorizing the City Manager, or his designee, to implement the provisions of the Resolution.

UTILITIES; Edgar Vargas, 209-577-5424, [email protected] Consent

20. Consider approving the Plans and Specifications for the 2018-2019 Lift Station - 8 -
6/10/2025
- 9 -
6/10/2025 5:30:00 PM
Improvements Project, accepting the Bid, and Awarding a Construction Contract to TSI Engineering, Inc., of North Highlands, CA, in the amount of $2,403,786, authorizing 20% in contingency (if needed), for a total payment amount not to exceed $2,884,544. (Funding Source: Wastewater Fund)
Staff Recommendation:
 Resolution approving the Plans and Specifications for the 2018-2019 Lift Station Improvements Project; accepting the Bid and Awarding a Construction Contract to TSI Engineering Inc., of North Highlands, CA, in the amount of $2,403,786, authorizing the Director of Engineering Services to approve Change Orders up to the cumulative amount of $480,758, 20% of the original contract price, for a total payment amount not to exceed $2,884,544 and authorizing the City Manager, or his designee, to execute the Contract.  Resolution amending the Fiscal Year 2024-25 Capital Improvement Program Budget in the amount of $2,346,844 to fund the Construction Phase of the 2018-2019 Lift Station Improvements Project and authorizing the City Manager, or his designee, to implement the provisions of the Resolution.

UTILITIES; Peter Barberis, 209-571-5544, [email protected]

COUNCIL COMMENTS & REPORTS

CITY MANAGER COMMENTS & REPORTS

HEARINGS
Published in the Modesto Bee on May 21, 2025.

21. Hearing to consider approving an Amendment to the Modesto Urban Area General Plan for an increase in residential densities, an Amendment to Title 10 of the Modesto Municipal Code for the increase of residential densities, allowance of duplexes on all lots in the low density residential (R-1) zones, and adoption of a Programmatic Environmental Impact Report for the Modesto Urban Area General Plan. (Funding Source: General Fund)
Staff Recommendation:
 Resolution approving an Amendment to the Modesto Urban Area General Plan to amend the densities of residential zones and certifying the final Environmental Impact Report.
 Motion introducing and waiving the first reading of an Ordinance amending Title 10 (Zoning Regulations) of the Modesto Municipal Code, amending Chapter 2 (Definitions), Article 1 (Definitions); Chapter 3 (Land Use Regulations), Article 1 (Permitted and Conditional Land Uses); Chapter 3, Article 2 (Specific Land Use Regulations); Chapter 4 (Development Standards), Article 1 (Residential Zones); and Chapter 4, Article 5 (Accessory Dwelling Units).

CED; Michael Hren, 209-577-5273, [email protected]
- 9 -
6/10/2025
- 10 -
6/10/2025 5:30:00 PM
Published in the Modesto Bee on May 21, 2025. - Item requested to be continued to June 24, 2025 Council meeting.

22. Hearing to consider approving an Amendment to the Modesto Urban Area General Plan to change the land use of approximately 70 acres from Business Park (BP) to Residential (R); approving the Founders Point East Specific Plan, for the development of 220 acres located northeast of the Pelandale Avenue and Tully Road Intersection; approving the filing of an application to the Stanislaus County Local Agency Formation Commission for the Founders Point East Reorganization to the City of Modesto; approving an Ordinance amending Section 5-3-9 of the Zoning Map of the City of Modesto to prezone The Founders Point East Specific Plan to the Specific Plan (P-SP) Zone; and adopting a Mitigated Negative Declaration for these actions (Fitzpatrick Land Development, LLC) (Funding Source: Application Fees) Staff Recommendation:
 Motion to continue item to June 24, 2025.

CED; Katharine Martin, 209-577-5465, [email protected] Published in the Modesto Bee on May 21, 2025. - Item removed from the agenda and will return at a future date.

23. Hearing to consider introduction and waiving the first reading of an Ordinance to amend Section 25-3-8 of the Zoning Map to rezone 0.31 acres located at 1600 Kansas Avenue from Highway Commercial (C-3) Zone to Planned Development Zone P-D (616), and to prezone 0.66 acres located at 1604 Kansas Avenue to Prezone Planned Development Zone, P-P-D(616); approving a Pinpoint Plan for 1600 and 1604 Kansas Avenue; approving the filing of an application to the Stanislaus Local Agency Formation Commission for the reorganization of approximately 0.66 acres located at 1604 Kansas Avenue for annexation to the City of Modesto; adopt a finding that the Proposed Prezone and Rezone and Annexation to Facilitate the development of a new automatic car wash facility at 1600 and 1604 Kansas Avenue is within the scope of the Modesto Urban Area General Plan Master EIR (SCH 2014042081). (Funding Source:

Developer Application Fees)
Staff Recommendation:
 Item removed from the agenda and will return at a future date.

CED; Katharine Martin, 209-577-5465, [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
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature
- 10 -
6/10/2025
- 1 -
6/3/2025 5:30:00 PM

MODESTO CITY COUNCIL
www.modestogov.com

MINUTES
City of Modesto

CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, June 03, 2025 at 5:30 PM
Special City Council - Closed Session Meeting 4:30 P.M.:

Roll Call - Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen

Absent: None
Regular City Council Meeting 5:30 P.M.:

Roll Call - Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen

Absent: None
Pledge of Allegiance to the Flag
Invocation: Marvin Jacobo, City Ministry Network
City Clerk’s Announcements: None.

Declaration of Conflicts of Interest: None.

Reports from Closed Session: No reportable action.

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Proclamation declaring June as LGBTQ+ Month. (Funding Source: Not Applicable) CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected] #2..
- 11 -
- 2 -
6/3/2025 5:30:00 PM
ACTION: Mayor Zwahlen presented a proclamation declaring June as LGBTQ+ Month.

PUBLIC COMMENT IN PERSON
 Vicki Morales stated appreciation to the Council for their work and the positive changes brought by Measure H funding. She highlighted improvements such as timely tree trimming and stump removal, better tree watering methods, and cleaner walkways. These changes have enhanced neighborhood appearance, safety, and community morale, especially on Modesto’s west side.
 Dean Richardson, member of Urban Forest Modesto, praised recent community events like Porch Fest and the upcoming Graffiti Weekend. He highlighted the positive impact of Measure H, noting improved public safety and revitalized parks. He emphasized the Forestry Division’s efforts, including the removal of nearly 1,000 dead trees and the planting of 500 new ones in 2024. Richardson called for continued support for the City’s urban forest, envisioning it as a long-term asset that enhances quality of life for all residents.
 Susan Beasley introduced Brad Hart as the new conductor of the Modesto Band (MoBand). A Modesto native, Hart expressed excitement about leading the band’s 106th season, highlighting community support and participation. The summer concert series kicks off Thursday at Graceada Park, celebrating local music and events like Graffiti Weekend.
 Maya Carter spoke on behalf of low-income individuals struggling to find housing. She shared her own experience of being repeatedly denied despite having money and credit, due to lack of rental history. Application fees were a financial burden, and some agencies were unhelpful. She emphasized that many people aren’t trying to take advantage; they just want a stable home. Now in recovery and housed at Jenny’s Place, she called for better solutions to support those in need.
 Benjamin Nutall, a new business owner, urged the City to better support Black-owned businesses, particularly on the west side. He expressed concern about lack of visibility and outreach to the Black community, unequal treatment by law enforcement, and the need for dedicated vendor spaces similar to those for Latino vendors. He called for more inclusive support and opportunities to uplift the community.  Terrence Lane, co-owner of the soul food business Hotter Than Fish Grease, called for fair treatment of Black-owned businesses in Modesto. He shared concerns about unequal enforcement and permit requirements compared to other communities and described a police officer encounter he felt was excessive. Lane emphasized the need for City support, fairness, and equal opportunity for the small number of Black-owned businesses in the area.
 Milt Trieweiler urged the Council to protect local farmland from urban sprawl and development. He emphasized the region's uniquely fertile soil and water resources, warning that paving over this land would jeopardize future food production. He called for #2..
- 12 -
- 3 -
6/3/2025 5:30:00 PM
smarter growth, building upward instead of outward, and stressed the responsibility to preserve farmland for future generations.
 Sebastian Jones expressed frustration over racial disparities in how Black street vendors are treated in Modesto. He criticized a recent incident where police used flashing lights and aggressive tactics to confront a young Black food vendor, calling it unfair and harmful. Jones called for equal treatment, better support for Black-owned businesses, and accountability for police behavior. He urged the City to promote fairness and support local entrepreneurs instead of discouraging them through over-policing.  Kevin McClarty raised concerns about the lack of 24-hour pharmacies in Modesto, specifically noting that the McHenry Walgreens reduced hours due to theft. He believes conditions have improved with stricter enforcement of shoplifting laws by the District Attorney and Modesto Police. McClarty urged the City Council to contact Walgreens and CVS to encourage them to consider reopening 24-hour pharmacy services now that theft is being better controlled.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS: 2-17, 19-21 (Wright/Bavaro; 7/0)

CONSENT
Consent

2. Consider approving the minutes for the May 13, 2025 Council Meeting. (Funding Source: Not Applicable)
 Motion approving the minutes for the May 13, 2025 Council Meeting.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Bavaro; 7/0) Motion approving the minutes for the May 13, 2025 Council Meeting.

Consent

3. Consider approving Final Adoption of Ordinance 3795-C.S. approving a Development Agreement by and between the City of Modesto and Dasco Olivewood LLC. regarding Area Plan No. 6 of the Tivoli Specific Plan (Dasco Olivewood LLC. and City of Modesto) (Funding Source: Not Applicable)
 Motion approving Final Adoption of Ordinance 3795-C.S. approving a Development Agreement by and between the City of Modesto and Dasco Olivewood LLC. regarding Area Plan No. 6 of the Tivoli Specific Plan (Dasco Olivewood LLC. and City of Modesto)
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Bavaro; 7/0) Motion approving Final Adoption of Ordinance 3795-C.S. approving a Development Agreement by and between the City of Modesto and Dasco Olivewood LLC. regarding Area Plan No. 6 of the Tivoli Specific Plan (Dasco Olivewood LLC. and City of Modesto)
#2..
- 13 -
- 4 -
6/3/2025 5:30:00 PM
Consent

4. Consider approving the City of Modesto Two-Year 2025 and 2026 Strategic Plan as developed in coordination with the City Council. (Funding Source: Not Applicable)  Resolution approving the Citywide Two-Year Strategic Plan, and authorizing the City Manager, or his designee, to carry out the necessary steps to achieve the priorities identified in the Strategic Plan.

BUDGET; Stephan Christensen, 209-577-5390, [email protected] ACTION: (Wright/Bavaro; 7/0) Resolution 2025-169 approving the Citywide TwoYear Strategic Plan, and authorizing the City Manager, or his designee, to carry out the necessary steps to achieve the priorities identified in the Strategic Plan.

Consent

5. Consider approving the recommended budget adjustments to Fiscal Year 2024-25 Annual Operating and Capital Improvement Program Budgets. (Funding Source:

Various Funds)
 Resolution amending Fiscal Year 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.

BUDGET; Kaceey Culbertson, 209-571-5855, [email protected] ACTION: (Wright/Bavaro; 7/0) Resolution 2025-170 amending Fiscal Year 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.

Consent

6. Consider approving a Transient Occupancy Tax Funding Agreement with a term ending June 30, 2030, and a Modesto Tourism Marketing District Owners’ Association Agreement with Visit Modesto, Inc. with a term date ending June 30, 2034, for continued Tourism Marketing Services. (Funding Source: General Fund, Modesto Tourism Marketing District)
 Resolution approving a Transient Occupancy Tax Funding Agreement with Visit Modesto for continued Tourism Marketing Services, through June 30, 2030, and authorizing the City Manager, or his designee, to execute the Agreement.
 Resolution approving a Modesto Tourism Marketing District Owners’ Association Agreement with Visit Modesto, Inc. through June 30, 2034, and authorizing the City Manager, or his designee, to execute the Agreement.

CED; Trevin Barber, 209-860-1251, [email protected] ACTION: (Wright/Bavaro; 7/0) Resolution 2025-171 approving a Transient Occupancy Tax Funding Agreement with Visit Modesto for continued Tourism Marketing Services, through June 30, 2030, and authorizing the City Manager, or his designee, to execute the Agreement.
#2..
- 14 -
- 5 -
6/3/2025 5:30:00 PM
ACTION: (Wright/Bavaro; 7/0) Resolution 2025-172 approving a Modesto Tourism Marketing District Owners’ Association Agreement with Visit Modesto, Inc. through June 30, 2034, and authorizing the City Manager, or his designee, to execute the Agreement.

Consent

7. Consider approving the Modesto Tourism Marketing District Assessment Rate Change by 0.5% to 1.5% effective July 1, 2025, and by 0.5% to 2.0% effective July 1, 2026. (Funding Source: Modesto Tourism Marketing District)
 Resolution approving the Modesto Tourism Marketing District Assessment Rate Change by 0.5% to 1.5% effective July 1, 2025, and by an additional 0.5% to 2.0% effective July 1, 2026.

CED; Trevin Barber, 209-577-5244, [email protected] ACTION: (Wright/Bavaro; 7/0) Resolution 2025-173 approving the Modesto Tourism Marketing District Assessment Rate Change by 0.5% to 1.5% effective July 1, 2025, and by an additional 0.5% to 2.0% effective July 1, 2026.

Consent

8. Consider accepting the Monthly Investment Report for March 2025. (Funding Source:

Various Funds)
 Motion accepting the Monthly Investment Report for March 2025.

FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Wright/Bavaro; 7/0) Motion accepting the Monthly Investment Report for March 2025.

Consent

9. Consider accepting an informational report on the March and April 2025 grant applications and awards. (Funding Source: Not Applicable)  Motion accepting an informational report for March and April 2025, grant applications.

FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Wright/Bavaro; 7/0) Motion accepting an informational report for March and April 2025, grant applications.

Consent

10. Consider approving the Fiscal Year 2025-2026 Appropriation Limit, which is an annual spending limit calculation that identifies the maximum amount of appropriations for publicly funded programs. (Funding Source: Not Applicable)  Resolution establishing the appropriation limit for the Fiscal Year 2025-2026 annual budget.
#2..
- 15 -
- 6 -
6/3/2025 5:30:00 PM
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Wright/Bavaro; 7/0) Resolution 2025-174 establishing the appropriation limit for the Fiscal Year 2025-2026 annual budget.

Consent

11. Consider approving payment of various Equipment Maintenance Agreements for Fiscal Year 2025-2026 with multiple equipment manufacturers for all City Departments, for an annual amount not to exceed $888,358. (Funding Source: Various Funds)  Resolution approving payment of various Equipment Maintenance Agreements for Fiscal Year 2025-2026 with multiple equipment manufacturers for all City Departments, for an annual amount not to exceed $888,358; and authorizing the City Manager, or his designee, to execute Equipment Maintenance Agreements associated with the items in Exhibit A and Exhibit B.

FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Wright/Bavaro; 7/0) Resolution 2025-175 approving payment of various Equipment Maintenance Agreements for Fiscal Year 2025-2026 with multiple equipment manufacturers for all City Departments, for an annual amount not to exceed $888,358; and authorizing the City Manager, or his designee, to execute Equipment Maintenance Agreements associated with the items in Exhibit A and Exhibit B.

Consent

12. Consider approving a Memorandum of Agreement (MOA) with Oakland Fire Department for participation in California Task Force 4 of the National Urban Search and Rescue Response System. (Funding Source: General Fund)  Resolution approving a Memorandum of Agreement (MOA) with Oakland Fire Department for participation in California Task Force 4 of the National Urban Search and Rescue Response System, and authorizing the City Manager, or his designee, to execute the agreement.

FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected] ACTION: (Wright/Bavaro; 7/0) Resolution 2025-176 approving a Memorandum of Agreement (MOA) with Oakland Fire Department for participation in California Task Force 4 of the National Urban Search and Rescue Response System, and authorizing the City Manager, or his designee, to execute the agreement.

Consent

13. Consider approving the terms and conditions required by the California Office of Emergency Services for Reimbursement of City costs for Modesto Fire Department’s response to incidents outside of the jurisdiction. (Funding Source: Not Applicable)  Resolution identifying the terms and conditions required by Cal OES for Reimbursement of City costs for Modesto Fire Department’s response to incidents outside of the jurisdiction.

FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected] #2..
- 16 -
- 7 -
6/3/2025 5:30:00 PM
ACTION: (Wright/Bavaro; 7/0) Resolution 2025-177 identifying the terms and conditions required by Cal OES for Reimbursement of City costs for Modesto Fire Department’s response to incidents outside of the jurisdiction.

Consent

14. Consider approving an Agreement with Locality Media, Inc dba First Due for Fire and EMS Software for a total amount not to exceed $525,754 for three years. (Funding Source: Emergency Medical Services Project (EMS) and Measure H Fund)  Resolution approving an Agreement with Locality Media, Inc dba First Due for Fire and EMS Software for a total amount not to exceed $525,754 for three years and authorizing the City Manager, or his designee, to execute the Agreement.

FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected] ACTION: (Wright/Bavaro; 7/0) Resolution 2025-178 approving an Agreement with Locality Media, Inc dba First Due for Fire and EMS Software for a total amount not to exceed $525,754 for three years and authorizing the City Manager, or his designee, to execute the Agreement.

Consent

15. Consider approving the payment of Software Maintenance Support Agreements for Fiscal Year 2025-2026 in a total amount not to exceed $10,902,807. (Funding Source:

Information Technology Fund and Various Funds)
 Resolution approving the payment of Software Maintenance Support Agreements for Fiscal Year 2025-2026 in a total amount not to exceed $10,902,807; and authorizing the City Manager, or his designee to execute routine renewal Agreements associated with the items in Exhibit A and Exhibit B - Software Maintenance Support Agreements for Fiscal Year 2025-2026.

IT; Dameon Booker, 209-447-1088, [email protected] ACTION: (Wright/Bavaro; 7/0) Resolution 2025-179 approving the payment of Software Maintenance Support Agreements for Fiscal Year 2025-2026 in a total amount not to exceed $10,902,807; and authorizing the City Manager, or his designee to execute routine renewal Agreements associated with the items in Exhibit A and Exhibit B - Software Maintenance Support Agreements for Fiscal Year 2025-2026.

Consent

16. Consider approving the renewal of the Agreement with Environmental Systems Research Institute, Inc. (ESRI) for the Small Government Enterprise License Agreement (SGEA) at $180,400 annually for a combined total amount not to exceed $541,200 over a three-year term. (Funding Source: Information Technology Fund)  Resolution approving the Small Government Enterprise License Agreement renewal with Environmental Systems Research Institute, Inc. (ESRI) for a term of three years for a total amount not to exceed $541,200 and authorizing the City Manager, or his designee to execute the Agreement. #2..
- 17 -
- 8 -
6/3/2025 5:30:00 PM
IT; James Dotson, 209-571-5508, [email protected] ACTION: (Wright/Bavaro; 7/0) Resolution 2025-180 approving the Small Government Enterprise License Agreement renewal with Environmental Systems Research Institute, Inc. (ESRI) for a term of three years for a total amount not to exceed $541,200 and authorizing the City Manager, or his designee to execute the Agreement.

Consent

17. Consider approving the First Amendment with Carahsoft Technology Corporation (Corp.) of Reston, Virginia, for the Purchase of Software Programming increasing the Agreement amount by $49,867. (Funding Source: Solid Waste Management Fund)  Resolution approving the First Amendment with Carahsoft Technology Corp., of Reston, Virginia, for the Purchase of Software Programming and License, increasing the Agreement amount by $49,867 to a revised total amount not to exceed $243,232 over the term of the Agreement; and authorizing the City Manager, or his designee, to execute the Amendment.

PUBLIC WORKS; Jody Strait, 209-577-6416, [email protected] ACTION: (Wright/Bavaro; 7/0) Resolution 2025-181 approving the First Amendment with Carahsoft Technology Corp., of Reston, Virginia, for the Purchase of Software Programming and License, increasing the Agreement amount by $49,867 to a revised total amount not to exceed $243,232 over the term of the Agreement; and authorizing the City Manager, or his designee, to execute the Amendment.

Removed from Consent
Consent

18. Consider approving the First Amendment with Greentek Services, LLC, Oroville, CA, for Tree Pruning and Removal Services increasing the Agreement amount by $300,000 and Rumble Tree, Inc., Modesto, CA for Tree Removal and Stump Grinding Services for a total amount between both agreements combined not to exceed $6,389,350 over five years (Funding Source: Measure H Fund)
 Resolution approving the First Amendments with Greentek Services, LLC, Oroville, CA, for Tree Pruning and Removal Services increasing the Agreement amount by $300,000 to a new total amount of $3,475,000 and Rumble Tree, Inc., Modesto, CA for Tree Removal and Stump Grinding Services increasing the Agreement amount by $1,594,350 for a new total of $2,914,350 for a total amount between both agreements combined not to exceed $6,389,350 over five years for both Agreements and authorizing the City Manager, or his designee, to execute the Amendments.

PUBLIC WORKS; Mike Johnson, 209-342-4566, [email protected] ACTION: (Alvarez/Ricci; 7/0) Resolution 2025-182 approving the First Amendments with Greentek Services, LLC, Oroville, CA, for Tree Pruning and Removal Services increasing the Agreement amount by $300,000 to a new total amount of $3,475,000 and Rumble Tree, Inc., Modesto, CA for Tree Removal and #2..
- 18 -
- 9 -
6/3/2025 5:30:00 PM
Stump Grinding Services increasing the Agreement amount by $1,594,350 for a new total of $2,914,350 for a total amount between both agreements combined not to exceed $6,389,350 over five years for both Agreements and authorizing the City Manager, or his designee, to execute the Amendments.

Consent

19. Consider approving the Third Amendment with Univar Solutions USA, Kent, WA for the purchase and delivery of Sodium Hypochlorite – Liquid Chlorine increasing the Agreement amount by $330,594. (Funding Source: Water Fund)  Resolution approving the Third Amendment with Univar Solutions USA, Kent, WA for the purchase and delivery of Sodium Hypochlorite – Liquid Chlorine increasing the Agreement amount by $330,594, to a new annual estimated amount of $189,550, a new total amount not to exceed $991,604 over five years and authorizing the City Manager, or his designee, to execute the Amendment.

UTILITIES; Manuel Martinez, 209-342-4592, [email protected] ACTION: (Wright/Bavaro; 7/0) Resolution 2025-183 approving the Third Amendment with Univar Solutions USA, Kent, WA for the purchase and delivery of Sodium Hypochlorite – Liquid Chlorine increasing the Agreement amount by $330,594, to a new annual estimated amount of $189,550, a new total amount not to exceed $991,604 over five years and authorizing the City Manager, or his designee, to execute the Amendment.

Consent

20. Consider approving the Agreements for Spoils Screening and Rock Crushing Services to California Rock Crushers, Ripon, CA and K & D Enterprises Inc., Ceres, CA, for a total combined amount not to exceed $1,608,495 over five years. (Funding Source:

Water, Wastewater and Surface Transportation Funds)
 Resolution approving the Award of Bid and Purchasing Agreements for Spoils Screening and Rock Crushing Services to California Rock Crusher, Ripon, CA and K & D Enterprises Inc., Ceres, CA, for a two-year Agreement with three one-year extension options, for a combined annual estimated amount of $300,000 and a total combined amount not to exceed $1,608,495 over five years; authorizing the Director of Finance to adjust Agreement totals between vendors based on contractor availability and department needs, ensuring the combined total amount does not change; and authorizing the City Manager, or his designee, to execute the Agreements.

UTILITIES; Manuel Martinez, 209-342-4592, [email protected] ACTION: (Wright/Bavaro; 7/0) Resolution 2025-184 approving the Award of Bid and Purchasing Agreements for Spoils Screening and Rock Crushing Services to California Rock Crusher, Ripon, CA and K & D Enterprises Inc., Ceres, CA, for a twoyear Agreement with three one-year extension options, for a combined annual estimated amount of $300,000 and a total combined amount not to exceed $1,608,495 over five years; authorizing the Director of Finance to adjust Agreement totals between #2..
- 19 -
- 10 -
6/3/2025 5:30:00 PM
vendors based on contractor availability and department needs, ensuring the combined total amount does not change; and authorizing the City Manager, or his designee, to execute the Agreements.

Consent

21. Consider approving the Agreements for the Hauling of Non-Hazardous Brine with B & B Harvesting, Inc. dba Cal Valley Trucking, Modesto, CA, and Sun Valley Transport, Inc., Hughson, CA, for a total combined amount not to exceed $804,260 over five years. (Funding Source: Water Fund)
 Resolution approving the Award of Bid and Agreements for the Hauling of Non-Hazardous Brine with B & B Harvesting, Inc. dba Cal Valley Trucking, Modesto, CA, and Sun Valley Transport, Inc., Hughson, CA, for a two year Agreement with three one-year extension options, for an estimated annual amount of $150,000 and a total combined amount not to exceed $804,260 over five years; giving the Director of Finance, or her designee, the authority to adjust Agreement totals between vendors based on contractor availability and department needs; and authorizing the City Manager, or his designee, to execute the Agreements.

UTILITIES; Manuel Martinez, 209-342-4592, [email protected] ACTION: (Wright/Bavaro; 7/0) Resolution 2025-185 approving the Award of Bid and Agreements for the Hauling of Non-Hazardous Brine with B & B Harvesting, Inc. dba Cal Valley Trucking, Modesto, CA, and Sun Valley Transport, Inc., Hughson, CA, for a two year Agreement with three one-year extension options, for an estimated annual amount of $150,000 and a total combined amount not to exceed $804,260 over five years; giving the Director of Finance, or her designee, the authority to adjust Agreement totals between vendors based on contractor availability and department needs; and authorizing the City Manager, or his designee, to execute the Agreements.

COUNCIL COMMENTS & REPORTS
Councilmember Wright updated that the Walgreens at Coffee and Sylvan is open 24/7 with a pharmacy drive-through. He reported on local homelessness efforts, including volunteer street teams removing 15,800 pounds of trash, and services provided by Modesto Gospel Mission and Jenny’s Place, which recently opened 53 permanent supportive housing units. He also highlighted the grand opening of Hannah’s House, a new women and children’s shelter by the Gospel Mission with 40-50 beds. Lastly, he mentioned that this week is Graffiti Week with special events planned, including a performance by MacKenzie Phillips.

Vice-Mayor Bavaro responded to a question about small business loans, explaining that Modesto offers a revolving loan fund through Valley First Union, with loans from $2,500 to $75,000, low interest rates, and flexible repayment terms. He also addressed why a business might use a P.O. box for mail. Finally, he noted that the City’s spending on trees amounts to about $70 per tree, which he considers a good value.
#2..
- 20 -
- 11 -
6/3/2025 5:30:00 PM
Councilmember Alvarez highlighted the upcoming American Graffiti classic car parade and encouraged attendance. He addressed concerns about a recent incident involving the Police Department, expressing willingness to be briefed and explore better coordination with Code Enforcement and community groups. Alvarez also noted the lack of an active African American Chamber of Commerce in Modesto, mentioned past efforts to revive it, and offered to connect a local business owner with the Stanislaus Latino Chamber and the African American Chamber in nearby San Joaquin County for support.

Councilmember Ricci addressed Walgreens’ issues, attributing problems mainly to labor shortages and pharmacist retention rather than inventory. He highlighted progress on the Firefighters Park, including a commemorative brick fundraiser. Ricci praised the opening of Jenny’s Place, a housing facility for the homeless, emphasizing the City’s ongoing commitment to tackling homelessness. He criticized Cal Cities for opposing a Bay Area housing bill (SB 79) despite it not affecting Modesto, blaming such opposition for worsening the homelessness crisis.

Lastly, he expressed excitement about the reopening and improvements of Modesto’s Dry Creek Trail and future trail expansions.

Councilmember Escutia-Braaton celebrated attending the 100th birthday of Miss Tilly Villa and presented her with a City certificate. She praised the City’s website for prominently displaying vital air quality and humidity information, especially important for families with respiratory concerns. She also highlighted the City’s summer activity guide, encouraging families to take advantage of free and diverse programs. Lastly, she noted she will miss upcoming Graffiti Week events due to attending a national conference and will participate remotely in the next Council meeting.

Councilmember Williams expressed condolences for fallen Los Angeles officer Samuel Riveros and emphasized support for law enforcement. He praised the opening of Jenny's Place and acknowledged a memorial artwork honoring Jenny Kenoyer. He reminded the community about the upcoming Graffiti Weekend events, urging safety and legal conduct. Williams also gave thanks to Councilmember Ricci for participating in Love Modesto. Regarding local business concerns, he clarified he hadn't received prior details about a vendor issue but shared that the African-American Chamber of Commerce information and stated it is accessible via Facebook.

He concluded with excitement about the weekend’s car show festivities.

Mayor Zwahlen shared highlights from recent events, including a visit to Howard Prep’s "Community Gathering of Heroes," celebrating independence for people with special needs. She attended the Modesto Fire Department's 150th anniversary exhibit at the Modesto Museum and a memorial honoring fallen officer Bobby Volk. She participated in the ribbon-cutting for Jenny’s Place and the unveiling of a new native bird educational plaque on the Virginia Corridor Trail.

The Mayor also spoke at Modesto Adult Education’s graduation, where 412 adults received diplomas, and began Graffiti Week at a street rod event at McHenry Village. #2..
- 21 -
- 12 -
6/3/2025 5:30:00 PM

CITY MANAGER COMMENTS & REPORTS
City Manager Lopez stated he couldn't speak to why Rumble Tree, Inc. uses a P.O. Box on their website but clarified that City bidding requirements mandate a physical address. He noted that Rumble provided a Modesto address on Amy Avenue in their bid packet.

HEARINGS
Published in the Modesto Bee on May 23, 2025.

22. Hearing to consider an Informational Report of vacancies, recruitment, and retention efforts to comply with Assembly Bill 2561. (Funding Source: Not Applicable)  Motion accepting the Informational Report on vacancy rates, recruitment, and retention efforts to comply with Assembly Bill 2561.

HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Williams/Escutia-Braaton; 7/0) Motion accepting the Informational Report on vacancy rates, recruitment, and retention efforts to comply with Assembly Bill 2561.

Published in the Modesto Bee on May 23, 2025.

23. Hearing to consider and approve the Final Proposed Fiscal Year 2025-26 Operating and Multi-Year Non-Capital Budgets and Capital Improvement Program for the City and related Resolutions. (Funding Source: All City Funds)  Resolution approving the adoption of the Fiscal Year 2025-26 Annual and Multi-Year Non-Capital Operating Budgets and the 2025-26 Capital Improvement Program for the City of Modesto and the related Inter-Fund Transfers.
 Resolution approving the Budget Principles, and the Operating Budget Policy as Outlined in the Fiscal Year 2025-26 Final Proposed Budget.  Resolution amending the Position Classification Plan for the City of Modesto to create new classifications and amend existing classifications.  Resolution amending the Position Allocation for Fiscal Year 2025-26 as adopted in the Operating Budget.

BUDGET; Kaceey Culbertson, 209-571-5855, [email protected] ACTION: (Escutia-Braaton/Bavaro; 7/0) Resolution 2025-186 approving the adoption of the Fiscal Year 2025-26 Annual and Multi-Year Non-Capital Operating Budgets and the 2025-26 Capital Improvement Program for the City of Modesto and the related Inter-Fund Transfers.

ACTION: (Escutia-Braaton/Bavaro; 7/0) Resolution 2025-187 approving the Budget Principles, and the Operating Budget Policy as Outlined in the Fiscal Year 2025-26 Final Proposed Budget.
#2..
- 22 -
- 13 -
6/3/2025 5:30:00 PM
ACTION: (Escutia-Braaton/Bavaro; 7/0) Resolution 2025-188 amending the Position Classification Plan for the City of Modesto to create new classifications and amend existing classifications.

ACTION: (Escutia-Braaton/Bavaro; 7/0) Resolution 2025-189 amending the Position Allocation for Fiscal Year 2025-26 as adopted in the Operating Budget.

MATTERS TOO LATE FOR THE AGENDA
None.

ADJOURNMENT
This meeting adjourned at 7:45 P.M.

Attest:____________________________
Diane Nayares-Perez, City Clerk
#2..
- 23 -
- 14 -
6/3/2025 5:30:00 PM
All Closed Session Matters heard prior to the meeting.

CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Brittoni Estrella, et al. v. City of Modesto et al.

United States Eastern District
Case No.: 1:22-cv-00921
CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
(Pursuant to Section 54956.8 of the Government Code)
Property: 601 Neece Dr., Modesto, CA 95351; APN: 102-012-001 and 102-012-004 Property Owners: City of Modesto
Negotiating Parties:

For City: Joseph P. Lopez, City Manager
For Lessee: Michael Shapiro, President – Pioneer Baseball League Under Negotiation: Price and Terms of Lease
#2..
- 24 -
DATE OF MEETING:

June 10, 2025
Date: May 21, 2025
TO: Mayor & Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Allison Van Guilder, Deputy City Manager
SUBJECT: 2025-2027 Blight Abatement Strategy
CONTACT: Simerdip Bhangoo, Management Analyst, 209-571-5571 DESCRIPTION:

Consider the update on the 2020-2025 Blight Abatement Strategy and approving the 2025- 2027 Blight Abatement Strategy. (Funding Source: Not Applicable)

STRATEGIC PLAN ELEMENT
The recommended action supports the City’s 2025-2026 Strategic Plan Initiatives: Invest in Beautification Efforts by increasing pride in Modesto’s diverse neighborhoods and business districts and investing in community assets and amenities.

BACKGROUND:

In a 2019 Citywide community survey, blight was identified as one of the most pressing concerns among Modesto residents. Since then, the City has been diligently working to address concerns raised in the community survey through the goals and strategies outlined in the 2020-2025 Blight Abatement Strategy.

Achieving the progress made over the past five years has required the collaboration of various departments and divisions, including the Solid Waste Division, Parks, Recreation & Neighborhood Department (PRN), Modesto Police Department (MPD), Fire Department, as well as partnerships with the California Department of Fish & Wildlife, Natural Resource Volunteer Program, Operation 9-2-99, and the Dry Creek Trails Coalition. While the past five years have brought significant challenges, particularly with the pandemic, they also created new opportunities, such as the passage of Measure H, which has further supported our blight abatement efforts.

DISCUSSION:

The Blight Abatement Strategy is designed to consistently evaluate the City programs to mitigate blight, identify immediate opportunities for efficiency and improvement, determine potential partnerships while strengthening others, and create an initiative that is practical and fiscally sustainable. To do this successfully, in October 2020, the City officially established the Blight Abatement Advisory Committee with the goal of providing

CITY OF MODESTO

COUNCIL AGENDA REPORT
#3..
- 25 -
City Council, June 10, 2025
2025-2027 Blight Abatement Strategy

recommendations for program improvements, identifying funding opportunities, and developing strategies to increase volunteer participation. This facilitates the progress of the of the Blight Abatement Strategy through efforts to keep the community engaged, through consistent promotional and educational campaign(s) that ensures clear communication with residents and business owners about the importance of blight abatement, while also encouraging their involvement.

The COVID-19 pandemic created substantial challenges for the City’s blight prevention and abatement efforts. Staggered work schedules and the need for safety gear, including personal protective suits, masks, gloves, and goggles, were necessary to protect staff from both the virus and field hazards. Despite these concerns, the Blight Abatement team continued their regular duties, such as park cleaning and addressing illegal encampments.

The quieter environment, due to fewer people in parks, allowed the team to focus on projects and repairs.

The passage of Measure H in November 2022 significantly strengthened the City’s Blight Abatement efforts by adding staff and abatement teams within the Parks Department, Solid Waste Division, and Police Department. This additional support has alleviated pressure on Parks staff, enabling them to focus more on maintaining parks. As a result, response times have improved, and parks are now being cleaned more efficiently and regularly. Going forward, increased resources for equipment upgrades and enhanced collaboration with other departments will further improve response times and overall efficiency.

The updated, two-year strategy, points to various community events and programs such as the Mattress Recycling Center, Multi-Family Bulky Item Program, and Drive Up Drop Off Events—recently launched or expanded—providing residents with no-cost disposal options to reduce illegal dumping. Our goal is to use this strategy to not only educate the public about all the ways they can play a role in abating blight but also shed light on our roles, responsibilities, goals and strategies as a City to combat blight. This is an important opportunity to gather and examine meaningful data, identify trends, and evaluate future opportunities to leverage technology and help eliminate blight throughout Modesto. The intent moving forward is to update the strategy every two years to coincide with the budget process.

For purposes of this strategy blight shall be defined as trash, debris, and other items that have been discarded improperly along roadsides, waterways, and other areas that are uncontained or unkempt. Illegal dumping shall be defined as bulky items/garbage piles on public or private property, which is considered to be an extreme litter or violation of a litterrelated crime. Litter and illegal dumping both contribute to the overall definition of blight, and they are a complex social phenomenon with different meanings based on the effects of larger social dynamics such as poverty, and other social norms.

Over the next two years, several key goals and strategies will guide our blight abatement efforts. These include reducing tagging and the frequency of camp cleanups, while increasing public use and enjoyment of parks. We also aim to refine relevant ordinances to improve enforcement capabilities and mitigate urban blight more effectively. A critical priority is to bolster staffing and resources, ensuring quicker response times to illegal dumping incidents. Collaboration remains a driving force—both through partnerships with other cities and organizations, and through strong interdepartmental coordination. Looking ahead, we plan to enhance the engagement and impact of the Blight Abatement Advisory #3..
- 26 -
City Council, June 10, 2025
2025-2027 Blight Abatement Strategy

Committee by filling vacancies, holding regular bi-monthly meetings, and broadening service opportunities.

In 2025, we proudly launched the Modesto Mo’Beautiful Campaign, a community-driven initiative designed to unite residents and city departments in the shared mission to reduce blight and promote beautification. This campaign represents the core foundation of our blight abatement strategy. To learn more about this campaign we have set up a webpage on the city website at www.modestogov.com/3180/MoBeautiful which provides the community information on the initiative, clean ups, partnerships, and related city programs.

COMMITTEE RECOMMENDATION:

This item was presented to the Safety and Communities Committee on May 12, 2025, and the committee recommended forwarding to Council for approval.

FISCAL IMPACT:

While the adoption of the strategy itself will not have a fiscal impact, future implementation of components of the strategy may have fiscal impacts. Implementation of those strategies will be brought forward to Council through future Agenda Item actions or through the budget process.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the 2025-2027 Blight Abatement Strategy.

Approved by:

Allison Van Guilder, Deputy City Manager
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. 2025-2027 Blight Abatement Strategy
#3..
- 27 -
1 Meeting Date/Dept/Contact/Item # 2025-xxx

MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX
RESOLUTION APPROVING THE 2025-2027 BLIGHT ABATEMENT

STRATEGY
WHEREAS, in a 2019 Citywide community survey, blight was identified as one of the most pressing concerns among Modesto residents. Since then, the City has been diligently working to address concerns raised in the community survey through the goals and strategies outlined in the 2020-2025 Blight Abatement Strategy; and WHEREAS, while the past five years have brought significant challenges, particularly with the pandemic, they also created new opportunities, such as the passage of Measure H, which has further supported our blight abatement efforts; and WHEREAS, the City of Modesto is ready to adopt an update strategy reflecting on the past five years and new opportunities ahead.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the 2025-2027 Blight Abatement Strategy.

The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 10th day of June 2024, by Councilmember ________, who moved its adoption, which motion being duly seconded by Councilmember ______, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST: _____________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
#3..
- 28 -
2 Meeting Date/Dept/Contact/Item # 2025-xxx
APPROVED AS TO FORM:

BY: _______________________________________
JOSE M. SANCHEZ, City Attorney
#3..
- 29 -
#3..
30 Table of

CONTENTS
Introduction/Background
Our Story
Partnerships
03 04
05 09 Blight Abatement Advisory Committee
10 Events & Community Engagement Programs
Department Roles & Responsibilities
Fines Procedures
Abatement Data
12 16
17 27 Illegal Dumping Information
Future Goals & Strategy
Conclusion
28 30
32 Glossary
#3..
31 CITY OF MODESTO BLIGHT ABATEMENT STRATEGY
FY 25/26 - 26/27
Introduction
The Blight Abatement Strategy is designed to consistently evaluate the City programs to mitigate blight, identify immediate opportunities for efficiency and improvement, determine potential partnerships while strengthening others, and create an initiative that is practical and fiscally sustainable.

Purpose
This is an important opportunity to gather and examine meaningful data, identify trends, and evaluate future opportunities to leverage technology and help eliminate blight throughout Modesto. For purposes of this strategy blight shall be defined as trash, debris, and other items that have been discarded improperly along roadsides, waterways, and other areas that are uncontained or unkempt. Illegal dumping shall be defined as bulky items/garbage piles on public or private property, which is considered to be an extreme litter or violation of a litter-related crime. Litter and illegal dumping both contribute to the overall definition of blight, and they are a complex social phenomenon with different meanings based on the effects of larger social dynamics such as poverty, and other social norms.

Background
In a 2019 Citywide community survey, blight was identified as one of the most pressing concerns among Modesto residents. Since then, the City has been diligently working to address concerns raised in the community survey through the goals and strategies outlined in the 2020-2025 Blight Abatement Strategy. Achieving the progress made over the past five years has required the collaboration of various departments and divisions, including the Solid Waste Division, Parks, Recreation & Neighborhood Department (PRN), Modesto Police Department (MPD), Fire Department, as well as partnerships with the California Department of Fish & Wildlife, Natural Resource Volunteer Program, Operation 9-2-99, and the Dry Creek Trails Coalition. While the past five years have brought significant challenges, particularly with the pandemic, they also created new opportunities, such as the passage of Measure H, which has further supported our blight abatement efforts.

#3..
32 Our Story thus far...

In October 2020, the City officially established the Blight Abatement Advisory Committee with the goal of providing recommendations for program improvements, identifying funding opportunities, and developing strategies to increase volunteer participation. Additionally, City staff delivers quarterly updates to the Safety and Communities Committee to inform them regarding the progress of the Blight Abatement Strategy. To keep the community engaged, the City employs a consistent promotional and educational campaign that ensures clear communication with residents and business owners about the importance of blight abatement, while also encouraging their involvement.

The COVID-19 pandemic created substantial challenges for the City’s blight prevention and abatement efforts. Staggered work schedules and the need for safety gear, including personal protective suits, masks, gloves, and goggles, were necessary to protect staff from both the virus and field hazards. Despite these concerns, the Blight Abatement team continued their regular duties, such as park cleaning and camp removal. The quieter environment, due to fewer people in parks, allowed the team to focus on projects and repairs. However, the pandemic also resulted in increased illegal dumping, staffing shortages, and delays in forming the Blight Abatement Advisory Committee. Virtual meetings further hindered the Committee's ability to maintain active participation.

The passage of Measure H in November 2022 significantly strengthened the City’s Blight Abatement efforts by adding staff and abatement teams within the Parks Department, Solid Waste Division, and Police Department. This additional support has alleviated pressure on Parks staff, enabling them to focus more on maintaining parks. As a result, response times have improved, and parks are now being cleared more efficiently and regularly. Going forward, increased resources for equipment upgrades and enhanced collaboration with other departments will further improve response times and overall efficiency.

To address these ongoing challenges, the City plans to continue hosting Drive Up Drop Off events, funded through the legislative priority budget and CalTrans, while also updating the municipal code to implement stricter penalties for violations. The Public Works Blight Abatement Teams will expand by converting

CITY OF MODESTO BLIGHT ABATEMENT STRATEGY
FY 25/26 - 26/27

#3..
33 By working together, programs will have an opportunity to thrive instead of just surviving. Engaging our community, schools and internal partners to become more efficient and coordinated to enhance our City. Listed ahead are partnerships or affiliations that the City is a part of to help further our efforts to combat blight.

Partnerships

CITY OF MODESTO BLIGHT ABATEMENT STRATEGY
FY 25/26 - 26/27
part-time positions to full-time roles and enhancing weed abatement efforts, with support from Measure H funding. Programs such as the Mattress Recycling Center, Multi-Family Bulky Item Program, and Drive Up Drop Off Events— recently launched or expanded—provide residents with no-cost disposal options to reduce illegal dumping. The Blight Abatement Teams, funded by ARPA and Measure H, will persist in clearing illegal dumping sites while remaining focused on offering convenient disposal options and swiftly addressing violations through code enforcement.

Our Story continued...
#3..
34 Love Modesto, a program within loveourcities.org, leads community wide volunteerism and initiatives among neighborhoods, schools and kids. At these community-wide volunteer days, volunteers engage in a variety of projects, including appreciating public servants, visiting convalescent homes, donating blood, building a house with Habitat for Humanity, and working in City parks and schools, among other opportunities. Love Modesto primarily leads a community clean up initiative along with other associated activities annually on held on the last Saturday of April.

The Dry Creek Trails Coalition is a community group
comprised of volunteers who use and enjoy the
park, and the five miles of trail located along Dry
Creek in Modesto. They meet regularly to perform
cleanups and partner with Love Modesto each year.

The mission of the group is to preserve and
advocate for the Dry Creek Regional Park trails for
all trail users to enjoy. The focus of the group’s
projects is to clean up the creek and the
surrounding riparian habitat. The group works
closely with their public and private partners to
ensure that the park and trails system is clean,
crime free, and family friendly.

DRY CREEK TRAILS COALITION
“Don’t PASS it up,
PICK it up!”

DOWNTOWN MODESTO PARTNERSHIP (DOMO)
The mission of the Downtown Modesto (DOMO)
Partnership is to create a vibrant community
through activities and partnerships designed to
improve the quantity and quality of experiences in
downtown Modesto. The work of DOMO also aims
to eliminate blight in the downtown region using
their downtown experience engineers that are
regularly picking up litter and removing tagging
from the downtown region. Page 6
#3..
35 The Downtown Streets Team (DST) volunteer
program invites individuals experiencing
homelessness to join DST to work collaboratively
on beautification projects in the downtown and
other targeted areas in Modesto. The volunteer
model aims to provide a daily meaningful
activity, personal and professional growth, work
experience, and a sense of belonging in the
larger community. By raising their hand and
saying, “I want to make a change,” team
members have access to case management and
employment services to reach their self-defined
goals.

DOWNTOWN STREETS TEAM
Operation 9-2-99 seeks to reclaim, rehabilitate, and restore the area along the Tuolumne River in Modesto, from the 9th Street Bridge to Highway 99. The initiative focuses on removing trash, tires, shopping carts, and abandoned camps to transform this blighted area into a public space and riparian river habitat that the community can take pride in and safely enjoy. Operation 9-2-99 works to achieve these objectives by organizing volunteers to conduct regular clean- ups of the Tuolumne River area.

OPERATION 9-2-99
Dry Creek Trails Coalition and Operation 9-2-99 are projects that are supported and organized by members of the Modesto Outdoor Recreation Alliance www.modestooutdoor.org

#3..
36 Every Effort Counts in Making...
"Modesto Mo’Beautiful" is a rallying cry for residents to unite, take pride in their City, and tackle blight issues through community empowerment and collective action. In response to increasing illegal dumping and persistent blight across the City, Modesto brought together internal departments, community members, partner agencies, and other stakeholders to create the Blight Abatement Strategy, which ultimately led to the launch of the Modesto Mo’Beautiful campaign. The initiative strives to make Modesto cleaner, safer, and more beautiful by encouraging collaboration and instilling pride among its residents.

The goal is to revitalize community engagement and encourage a shared responsibility for improving Modesto and its neighborhoods. The campaign brings together groups with a common mission to inspire collaboration, build civic pride, and promote lasting care for the city's appearance and well-being.

The campaign is made up of three phases:

Phase I: Campaign Launch and Awareness
Introduce the "Modesto Mo’Beautiful" campaign to residents and begin raising awareness about blight issues and the importance of community involvement.

Phase II: Community Education and Engagement
Educate residents about blight prevention and mitigation strategies, while encouraging them to participate in clean-up efforts across the community.

Phase III: Sustained Action and Impact
Maintain the momentum of the campaign by reaffirming positive behavior changes. Track data and measure progress against objectives to showing the community the real impact that these efforts have had on reducing blight.

Modesto Mo’Beautiful is a community-driven campaign aimed at celebrating the beauty of Modesto while inspiring residents to take action against blight.

The campaign encourages civic pride and community engagement, urging individuals to unite in making their City more beautiful together toward preserving the beauty of Modesto. Page 8
#3..
37 Blight Abatement Advisory Committee
In 2019, with the creation of the 2020-2025 Blight Abatement Strategy, it was recommended that a new committee be formed that will advise the partnerships and initiatives. This new committee will also facilitate interdepartmental partnerships within the City as well as revitalize public-private and public agency partnerships. Funding challenges will always face various programs; therefore, it is necessary to constantly measure the programs for success through evaluation of key performance indicators. To ensure program resiliency in the future, it will be necessary to invoke a method of tracking and reporting, in addition to providing a space for collaboration and future planning.

Formulate and recommend
programs relating to blight
abatement, fundraising efforts,
and promoting volunteerism to
promote a more beautiful City
through blight abatement efforts.

MISSION
The mission of the Blight Abatement
Advisory Committee shall be to promote
public engagement concerning blight
abatement in the community and to
make recommendations to the City
regarding program improvements,
potential funding opportunities, and
support with increasing volunteerism.

VISION
A City that takes pride in
its parks and
neighborhoods and
promotes opportunities
for all residents to make
Modesto more beautiful.

Act in an advisory capacity to the
City Council and the City Manager in
all matters pertaining to blight and
blight abatement efforts. Blight
includes abandoned vehicles,
nuisance properties, litter, garbage,
tagging, or other debris that is
discarded improperly.

Promote engagement from
nonprofits, neighborhood
associations, and other groups to
perform community clean ups; and
support engaging private
stakeholders to raise funds for
programmatic efforts for this
committee.

Receive reports from City staff on
ongoing efforts and strategies
that have been established by the
City to abate blight and offer
recommendations for
improvements to these strategies.

POWER & DUTIES:

#3..
38 This is a grant funded program that
allows residents to make an
appointment for their used batteries
to be picked up from their homes
and recycled. Accepted battery types
include alkaline, button cell, and NiCadmium batteries.

The Residential Collection Program is
a free service for used oil and is
available to all residents who have
96-gallon garbage cans. Residents
can make an appointment and the
used oil and oil filters will be picked
up on the scheduled appointment
day by their garbage company.

HOUSEHOLD

BATTERY RECYCLING

USED OIL RECYCLING
Modesto residents can dispose of up
to nine tires free of charge with a
coupon during each event. The
coupon can be requested by
contacting the Public Works
Department.

This is a partnership with the
Mattress Recycling Council's Bye-Bye
Mattress program to provide easy
and free recycling of used
mattresses, box springs, and futon
mattresses at the Mattress Recycling
Trailer located at 610 S. Conejo Ave.

MATTRESS

RECYCLING CENTER
Grant funding is used to collect and
properly dispose of illegally dumped
tires throughout Modesto. The City
collects an average of 2,000 tires per
year from public right of ways.

TIRE ENFORCEMENT
This is an annual event hosted by the
City created to celebrate
sustainability and environmentalism.

The event, held in April, is a familyfriendly, fun, and educational event to engage with the community.

EARTH DAY IN

THE PARK
Events & Community
Engagement Programs

CITY OF MODESTO BLIGHT ABATEMENT STRATEGY
FY 25/26 - 26/27

FREE TIRE

AMNESTRY EVENTS
#3..
39 Modesto Mo' Beautiful Drive-Up
Drop-Off events provide Modesto
residents with a convenient way to
dispose of unwanted items like
appliances, tires, trash, furniture, and
mattresses at no cost. These free
disposal events are funded by grants,
Measure H, and through
partnerships with Clean CA, Caltrans,
Bye-Bye Mattress, and CalRecycle.

DRIVE UP DROP OFF
EVENTS
Each year, residents have the
opportunity to come together with
family, friends, or neighbors to
beautify and clean up their
community. The City can provides
litter grabbers, gloves, safety vests,
and trash bags to any group that
wants to participate in this initiative.

NATIONAL

CLEANUP DAY
Free recycling trailers for cardboard
and CRV plastic, cans, and bottles are
available for official events. Staff will
deliver and pick up the trailer or
recycling bins, ensuring the
materials are properly processed.

This service was designed to meet
the recycling needs of festivals,
concerts, sporting events, school
events, parades, and more, helping
event producers save costs while
diverting recyclables from landfills.

The 2nd Chance Week Event is a
nationwide event that promotes the
reuse of old items. Each year, the City
hosts a special collection event of
useful items for non-profit agencies
to highlight existing reuse
opportunities.

RECYCLING

TRAILERS

SECOND CHANCE
WEEK
All residents (and small businesses)
of Stanislaus County and its nine
cities can recycle the following
products at the Hazardous Waste
Facility for free:

Antifreeze, Batteries
Motor Oil & Oil Filters
Brake Fluid, Transmission Oil
Gasoline
Paints, Solvents
Computers, Monitors, &
Televisions

HOUSEHOLD

HAZARDOUS WASTE

FACILITY
The gleaning program is designed to
eliminate food waste and encourage
food recovery in Modesto. Gleaning is
the practice of collecting leftover or
excessive food from crops or trees.

The City partners with volunteers
from the East Stanislaus
Conservation District to provide
gleaning by request and deliver food
to local food banks and charities.

GLEANING

CITY OF MODESTO BLIGHT ABATEMENT STRATEGY
FY 25/26 - 26/27

#3..
40 Residential customers (single-family dwellings) are entitled to two annual bulky item pickups with service provided by their contracted hauler. The City has a pilot program for multi-family dwellings which currently has no limit. Pickups must be scheduled in advance, and staff will confirm acceptable items. Bulky items include furniture, appliances, and mattresses, but exclude small household trash, construction debris, or items requiring special disposal. To prevent scavenging and illegal dumping, bulky items should be placed in the street no earlier than 6:00 PM the evening before the scheduled pickup.

Department Roles &
Responsibilities
Bulky Item Pickup
Green Waste
Green waste, including brush and trimmings less than six feet long, six inches in diameter, and weighing less than 50 pounds, is collected from City streets and alleys once a month. In 2023, 14,398 tons of green waste were collected from January through November, with an additional 3,909 tons of leaves collected during the leaf season in November and December. Four green waste crews operate in each City quadrant on a set schedule, with extra crews added during leaf season. No appointment is necessary, but residents must place green waste out no more than three days before and no later than the Sunday of their designated pickup week.

There are various departments and
divisions within the City of Modesto who
are an integral part of the initiative of
blight abatement. Each playing a key
role with respect to various programs,
services, enforcement, and abatement.

PUBLIC WORKS DEPARTMENT:

SOLID WASTE SERVICES DIVISION

#3..
41 The Street Sweeping Program includes five sweepers that follow green waste crews to clear small debris and dirt, covering about 4,000 lane miles each month.

Crews are also dispatched as needed to clean nonhazardous spills and accident debris. Green waste goes to the City’s Composting Facility and Gilton Solid Waste, while street debris is taken to the Fink Road County Landfill.

The street sweeping program is funded by the Storm Water Fund and the budget is approximately $2 million for fiscal year 24/25. The City also consistently receives $18,000 from the California Department of Transportation on an annual basis for street sweeping services on state right of ways in Modesto.

City of Modesto streets are swept once per month, within 48 hours after large yard trimmings are collected. The street sweeping schedule is as follows:

Area A (pink) - Streets in this area are swept the 1st Full week of each month.

Area B (yellow) - Streets in this area are swept the 2nd Full week of each month.

Area C (green) - Streets in this area are swept the 3rd Full week of each month.

Area D (blue) - Streets in this area are swept the 4th Full week of each month.

Street Sweeping Program
Street Sweeping Map

#3..
42 CITY OF MODESTO
The Code Enforcement Unit (CEU) ensures private properties follow City Codes and Ordinances to help keep neighborhoods safe and vibrant. Blight includes issues like abandoned shopping carts, junk or debris in public view, graffiti, overgrown weeds, and neglected vacant lots. When illegal dumping happens on private property, the CEU follows these steps:

1. Complaint is received via GoModesto, CEU phone line, email or walk in.

2. The assigned CEU officer makes the initial inspection within 72 hrs.

3. Upon verification of a Modesto Municipal Code (MMC) violation, the assigned officer generates a Notice of violation which requires the property owner to make corrections within fourteen (14) calendar days of the date of the notice.

4. After fourteen (14) calendar days, the assigned CEU officer re-inspects the property to verify the required corrections have been made. If the required corrections have been made, the case is closed. If the required corrections have not been made, the CEU officer issues an Administrative Citation to the property owner of record as shown on the Stanislaus County Recorders Assessment Roll.

5. Ten (10) calendar days after the mailing of an Administrative Citation the assigned CEU officer makes an inspection to determine if the required corrections have been made. This may occur up to three (3) times with the Administrative Citation amount increasing each time from $100, to $200 and up to $500.00 for the 3rd Administrative Citation.
*At any point after the initial inspection, if the CEU officer sees little progress or finds conditions that require stronger action, they may issue a Notice and Order (N&O) to enforce compliance.

When issued, a Notice and Order (N&O) requires the property owner to fix violations within 20 calendar days. Unlike Administrative Citations, it carries a daily civil penalty of $100 to $1,000 and allows Code Enforcement to monitor the property for a year. Staff can also abate violations and recover City costs related to staff time and cleanup efforts.

Modesto Police Department:

Code Enforcement Unit (CEU)
Code Enforcement: Complaint Process
BLIGHT ABATEMENT STRATEGY FY 25/26 -
26/27 CITY OF MODESTO BLIGHT ABATEMENT STRATEGY
FY 25/26 - 26/27

#3..
43 The MMC provides regulations for signs. The purposes of these sign regulations are to:

Encourage well-designed, aesthetically pleasing signs, while allowing flexibility for variety, good design, proper spacing, and thoughtful placement.

Provide a reasonable and comprehensive system of controls of signs.

Encourage a clean urban character with minimal overhead clutter.

Attract and direct persons to various activities and enterprises in order to provide for commerce and the maximum public convenience; Enhance the economic value of the community and each area of it through the regulation of size, location, design and illumination of signs; Protect and enhance the character of residential neighborhoods and property values by prohibiting obtrusive and incompatible signs; and Promote and preserve healthy commercial centers and property values by ensuring clear communication of goods and services while preventing wasteful, unattractive, and excessive signage competition.

The signs are approved through the City and upon approval they are enforced by CEU. Enforcement is handled on a complaint bases.

Abandoned shopping carts are a nuisance, create health and safety risks, and block pedestrian and vehicle traffic. When the CEU receives a complaint through GoModesto, the CEU hotline, or email, the case may proceed as follows:

If the reporting party identifies the store, CEU checks the list and contacts the registered retrieval company. After three days, CEU verifies if the cart has been removed. If not, CEU can follow up, impound the cart, or return it to the store. If the store is unidentified, CEU determines ownership and the retrieval company, notifies them, and allows three days for pickup. After this period, CEU verifies removal and can follow up, impound, or return the cart.

If after verifying a cart does not have any identification or is badly damaged, CEU takes the cart to the corporation yard for disposal.

Any shopping cart not retrieved within 30 days of a notice of violation may be sold or disposed of by the City. The City may also impose an administrative Signs Regulations
Abandoned Shopping Carts Process
CITY OF MODESTO BLIGHT ABATEMENT STRATEGY FY 25/26 -
26/27 CITY OF MODESTO BLIGHT ABATEMENT STRATEGY
FY 25/26 - 26/27

#3..
44 Education First: The current philosophy of CEU is to work with property owners to abate blight. Often, property owners are unaware of their property’s violations and how they affect their neighborhood. For example, many property owners are unaware that overgrown vegetation such as private trees that hang too low can impede garbage trucks from accessing trash bins in alleys or interfere with the clear vision triangle.

Case by Case Basis: Code Enforcement Officers are given the discretion to determine the best enforcement strategy depending on various factors such as visibility and hazard level. Many times, a phone call or site visit may be all that is required for a violation to be abated.

Administrative Remedies Process: Begins with an issue of a Notice of Violation to the property owner. This serves the purpose of identifying the violation and providing a timeline for the owner to abate it. If the violation is not abated, the Code Enforcement Officer may issue an administrative citation. If the violation continues to exist or is of a severe enough nature, a Code Enforcement Officer may issue a (N&O) which includes civil penalties.

Once the time given for compliance has lapsed, City staff may abate the nuisance conditions or hire private contractors to abate the nuisance.

Appeal process: Any person served with an Administrative Citation may file an appeal within 20 days from the service of the document. It is important to note that A Notice of Violation from the CEU cannot be appealed.

Confirmation of costs hearing: When the City, directly or indirectly through a contractor, abates a nuisance condition an itemized accounting of the costs incurred are presented to a Hearing Officer at a confirmation of costs hearing.

All administrative and actual costs may be recovered from the responsible party.

Post-Fine Procedure
Pre-Fine Procedure
Fines Procedures
penalty of up to $50 for each instance exceeding three occurrences within a 6- month period. An occurrence includes all carts impounded in a single day. The City is authorized to recover all costs associated with impounding the carts.

Abandoned Shopping Carts Process continued...

#3..
45 Code Enforcement Unit Cita…
2020 2021 2022 2023 2024
0 100
200
300
400
500
273 301
490
277 254
The spike observed in 2022
can be attributed to the
addition of an employee.

Important Note: Code
enforcement was under
Community Economic
Development (CED) at City
Hall and became part of
the Police Department in
July 2023.

Administrative penalty hearing: A hearing officer affirms whether the civil penalties assessed through a (N&O), or administrative citation were appropriate and whether the responsible party caused or maintained the violation.

Post-Fine Procedure continued
Modesto Police Department: Alternative
Response Unit Abatement Data
The Modesto Police Department:

Code Enforcement Unit Citations Fees Charged vs Outstanding Fees Fees Charged
Fees Unpaid
2020 2021 2022 2023 2024
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
Fees are based on Administrative
Citations and hearing enforcements.

In 2022, fees were higher due to a
backlog of cases from the pandemic
when hearings were delayed. These
fees ranged from $1,000 to $100,000
and could result in liens, which may
explain unpaid fees. For 2023 and
2024, fees have stabilized as the
caseload has returned to normal.

However, fees still fluctuate
depending on the number of
hearings held each year, which can
cause them to be higher in some
years and lower in others. Page 17
#3..
46 Go Apps Completed
2020 2021 2022 2023 2024
0 500
1,000
1,500
2,000
1,133 1,176
1,329
1,534 1,558
Connect with the City through
the GoModesto! App
A faster, easier way to connect with your City in English and Spanish. Report anything from overgrown trees to illegal dumping with just a few clicks.

GoModesto! is an intuitive, multi-lingual, on-the-go reporting tool allowing residents of Modesto to report issues like street flooding, light outages, illegal dumping, tagging, vandalism, broken playground equipment, or more, along with progress notifications until the job is done!
Town hall meetings and active collaboration with City council members have played a key role in promoting the Go App process, resulting in increased participation.

GoModesto!
As shown above, these are the number of
GoModesto requests completed on an annual basis.

CITY OF MODESTO BLIGHT ABATEMENT STRATEGY FY 25/26 -
26/27 CITY OF MODESTO BLIGHT ABATEMENT STRATEGY FY 25/26 - 26/27

#3..
47 Park Clean Ups
2020 2021 2022 2023 2024
0 100
200
300
400
500
88 110
145
404
293
Camps Cleaned Up
2020 2021 2022 2023 2024
0 200
400
600
800
1,000
1,200
1,400
532
689 705
528
1,224
Routine Quality of Life (QOL) overtime
shifts, specifically aimed at addressing
blight, contributed to a more robust 7-
day-a-week effort to reduce vagrancy
and clean up camps. With more
enforcement units patrolling the streets,
there were fewer camps in parks, which
in turn reduced the need for park cleanups.

While speculative, the decline in park
clean-ups may also be attributed to
increased engagement from the
Community Health Assistance Team
(CHAT) team, which has led to more
unhoused individuals accepting shelter.

Stats from 2020 to 2023 only reflected data
from the Homeless Engagement and
Response Team (HEART). In 2024, with the
expansion of the Area Command Division,
"camps cleaned up" now includes efforts
from the entire division, including Park
Rangers.

Furthermore, in Q1 of 2024, Park Rangers
reached more robust staffing and
transitioned to a 7-day-a-week deployment
model, leading to an increase in camp
clean up.

Parks Cleaned Up
Camps Cleaned Up

#3..
48 Abandoned Vehicle Complaints
2020 2021 2022 2023 2024
0 1,000
2,000
3,000
4,000
5,000
6,000
4,364
5,031
3,651
3,137 3,125
The City of Modesto has a policy and procedure for managing abandoned vehicles, with the assigned officer responsible for the following actions:

Check Vehicle Information:

Verify the vehicle's license and VIN through California Law Enforcement Systems (CLETS) to obtain the registered owner's details.

Place an abandoned vehicle warning sticker in a visible location on the vehicle.

Mark the tires to track the vehicle's position.

Complete Required Documentation:

Obtain a case number and fill out a Vehicle Report form.

Do not submit the report until after the 72-hour or 10-day waiting period.

During this period, attempt to contact the registered owner via registered letter and document these attempts in the report.

If the vehicle is moved during the waiting period, ensure this is recorded in the report before submitting.

Issuance of Citations and Towing:

Parking citations for the 72-hour ordinance are not issued if the vehicle is stored Abandoned Vehicle Complaints
It's difficult to pinpoint why
complaints fluctuate; fewer vehicles
or fewer people noticing them could
be factors. During the COVID
pandemic, with more people
working from home, reporting may
have increased. Regardless, fewer
complaints are a positive trend.

Recently, we added a second
Abandoned Vehicle Abatement
Officer to help address these issues,
and with increased efforts, we may
see a rise in enforcement next year. As shown above, these are the annual complaints the City receives regarding
abandoned vehicles.

#3..
49 Trash & Debris Tagging Miscellaneous*
Vegetation Parking Surface
2022 2023 2024
0 200
400
600
800
1000
351 370
170
376
194
322
409
285
488
199
357
258
155
945
232
CITY OF MODESTO BLIGHT ABATEMENT STRATEGY FY 25/26 -
26/27 CITY OF MODESTO BLIGHT ABATEMENT STRATEGY
FY 25/26 - 26/27
TOP 5 MOST FREQUENT TYPE OF VIOLATIONS
*Misc-represent things like green pools, basketball hoops, rodents, etc.

These violations are complaint-driven, as the CEU has not yet become a fully proactive unit. Determining what causes complainants to report violations year to year is challenging. However, vegetation complaints are among the most common reoccurring violations, as simply failing to mow grass after a rainy season can lead to issues.

A quick search shows 2023 was the 8th wettest year in a century, while 2024 was about average, so it's unclear whether an unusual rainy season contributed to more vegetation growth in 2024.

Issuance of Citations and Towing continued
for a parking violation.

If the vehicle is missing essential parts (such as the engine, transmission, or wheels), it may be towed immediately under Vehicle Code § 22669(d), bypassing the waiting period.

#3..
50 Abatement Weight (lbs)
2020 2021 2022 2023 2024
0 100,000
200,000
300,000
400,000
500,000
600,000
700,000
283,220
328,590
361,070
607,659
548,879
Before 2023, MPD had an abatement
truck staffed by part-time employees. In
2023, MPD expanded the team to
include one full-time abatement worker
and three part-time staff, allowing for
more time in the field to address trash.

This trend continued with the addition
of another full-time employee in 2024.

Additionally, this timeline aligns with
the previously mentioned increase in
Park Rangers and their 7-day-a-week
schedule. In 2024, MPD also partnered
with the solid waste department on
larger abatement and code
enforcement projects to support cleanup efforts.

Abatement Weight
Due to a change in the tracking system,
data for 2020 and 2021 is unavailable,
with records beginning in mid-August
2021.

Tagging Abatement

PARKS, RECREATION &

NEIGHBORHOODS
“Tag We’re On It” brings together public and private partners through five coordinated components, each playing a unique role in the shared mission to eliminate tagging in Modesto.

COMPONENT DEPARTMENT
Abatement Modesto Police Department (Code Enforcement Unit) Program
Administration
Modesto Police Department (Code Enforcement Unit),
Park and Recreation and Neighborhoods (Tagging
Crew)
Volunteer/Outreach Park and Recreation and Neighborhoods Code
Administration
Modesto Police Department, Planning, City Attorney’s
Office
Deterrence Modesto Police Department (Code Enforcement Unit), City Attorney’s Office

#3..
51 Program Administration
CEU and their support staff provides needed coordination and data entry for this program. All complaints that come into the City regarding tagging are entered into a database for distribution. If the report is on public property, the case is retrieved by the tagging removal crew and placed in their daily work routine. If the incident is on private property, the case is queued for a Code Enforcement Officer to investigate the next day.

Volunteer/Outreach
The first step to provide awareness to the anti-tagging team was to develop a slogan for the campaign. With donated time from Never Boring, Inc. the slogan, “Tag. We’re On It!” was created to help the community know that the City is actively and aggressively combating tagging. Dual use of the word “Tag.” gives the visual of the child’s game “Tag, you’re it!” as well as describes what the team is removing. The use of the word “We’re” denotes that eliminating tagging in the City is not only the responsibility of City staff but also of the entire community. It takes City staff, volunteer groups, and every citizen of Modesto getting involved to make a difference.

Code Administration
Tagging on private property must be handled differently since due process is required. The owner must be properly notified and given seventy-two hours (72) to remove or paint over the tagging. If the owner does not comply with the City’s request, CEU can remove or paint over the tagging with the use of a private contractor or the City’s abatement crew and invoice the owner for this cost. A confirmation of cost hearing is eventually required to verify the City followed due process in assessing this cost. If the owner does not pay the invoice, the City can lien the property. Much of the time, the owner removes or paints over the tagging; therefore, this step is often not necessary.

CEU staff works hard to partner with owners in removal. Staff recognizes that it can be difficult for some owners to constantly remove tagging on private fences or buildings that are in high-risk areas. In these cases, the owner will be asked to sign a waiver, and the property will be placed on the abatement crew’s hot spot route. In other cases, CEU staff will work with the Volunteer component to find groups that may be able to help an owner that is finding it difficult to remove or paint over the tagging.

CITY OF MODESTO BLIGHT ABATEMENT STRATEGY FY 25/26 -
26/27 CITY OF MODESTO BLIGHT ABATEMENT STRATEGY FY 25/26 - 26/27

#3..
52 The MMC allows us to administer an effective anti-tagging program through aggressive fines and penalties, clarified roles and tools for enforcement staff to remove and or paint over tagging. The MMC sends a message that the City is serious about this type of vandalism, which not only impacts the City economically but also detracts from our citizens’ quality of life. The term “tagging” was added to the definition of Graffiti in Section 4-12.401. Modesto is unique in that the term “Graffiti” has a special meaning to the community. Even though most communities use this term to describe vandalism, the City will not be using it in enforcement mechanisms. In addition to these amendments in this section, refinements are being proposed in the “Responsible Party” definition and two new definitions were added: “Property Owner” and “Abatement” to help clarify the City’s enforcement actions.

Section 4-12.405 Punishment Provisions includes proposed increases in the number of administrative fines that can be imposed for tagging violations, as follows:

1. For first violation: two hundred dollars ($200)

2. Second violation: five hundred dollars ($500)

3. Third violation within one year: one thousand dollars ($1,000) The proposed language clarifies that the City may petition a sentencing court to impose additional penalties or conditions for individuals criminally charged with violating the City’s tagging regulations, including community service and suspension or delay of issuance of a driver’s license. The Program Administration component has a “moniker” field in the database to track taggers monikers. If the Police Department is able to apprehend a tagger, staff will be able to search the database for all the incidents in which their moniker appeared. This will allow prosecution to add all the violations that have occurred for a substantial fine.

Deterrence

#3..
53 *We do not have data for 2020 or 2021 as the tracking system was different and unfortunately the records begin at the middle of August 2021. To allow a clear calendar year perspective of tagging abatement we are showing data beginning 2022.

Tagging Cases
2022 2023 2024
0 500
1000
1500
2000
2500
3000
2257
2790 2638
Tagging Data
Looking at the data you can see that
the abatement crew completes 14-20
abatements per day. The tagging
numbers below are both on private
and public property. On average we
can gain compliance within 72 hours
74% of the time.

Generally, once tagging is reported in
a public area, the abatement crew
can remove it or paint over it in 24 to
48 hours.

Abatement Teams
The Modesto Police Department Abatement Teams focuses on addressing homeless encampment remnants and enhancing efforts to abate illegal dumping throughout the City. The team operates proactively while also responding to requests submitted through the GoModesto app. The current staffing and resources are the following:

Staffing: 1 full-time and 4 part-time team members, with the capacity to expand to 2 full-time and 6 part-time members.

Equipment: 2 trucks and 2 trailers.

Work Hours: The team collectively works approximately 64 hours per week.

The Solid Waste Division Blight Abatement Team focuses on illegal dumping and blight in the public right of way, especially in cases where a responsible party cannot be located. The Blight Abatement Team is comprised of 4 full time staff and 2 part time staff. They operate trucks and trailers or a grapple truck to efficiently collect material from streets and alleys.

In some cases where there is significant blight or where either team cannot fully clean Page 25
#3..
54 The Solid Waste Division Blight Abatement Team continued... the area, MPD and SW will work together (often with the assistance of other City staff) to complete large projects. While both teams have specialized tools and skills that best address their individual blight needs, the combined effort of these teams demonstrates ways that the City is using its resources for interdepartmental success.

The Tagging Abatement crew consists of two full-time teams that work 5-7 days a week, primarily focusing on removing tagging from public or City-owned properties. In some cases, the City obtains permission from private property owners, through a waiver, to remove tagging from highly visible areas such as fences or sound walls along busy thoroughfares. Each day, the crew follows a designated "hot spot" route, actively searching for and removing tagging as it occurs.

CITY OF MODESTO BLIGHT ABATEMENT STRATEGY FY 25/26 -
26/27 CITY OF MODESTO BLIGHT ABATEMENT STRATEGY FY 25/26 - 26/27

#3..
55 *If the CEU officer determines progress is insufficient or that a more aggressive approach is needed, they may issue a (N&O) at any point after the initial inspection. A (N&O) requires corrections within 20 days and imposes daily Civil Penalties of $100 to $1,000. It allows for 12 months of monitoring, with penalties for continued non-compliance, and enables the City to recover costs for abatement and staff time.

The CEU ensures private properties comply with City Codes to maintain safe, vibrant neighborhoods. Blight includes abandoned shopping carts, junk, debris, tagging, tall grass, weeds, and unmaintained vacant properties. When illegal dumping occurs on private property, the CEU follows these steps:

1. Complaint is received via GoModesto, CEU phone line, email or walk in

2. The assigned CEU officer makes the initial inspection within 72 hrs.

3. Upon verification of a MMC Violation, the assigned officer generates a Notice of violation which requires the property owner to make corrections within fourteen (14) calendar days of the date of the notice.

4. After 14 calendar days, the assigned CEU officer re-inspects the property to confirm corrections have been made. If corrected, the case is closed. If not, an Administrative Citation is issued to the property owner of record.

5. Ten (10) calendar days after mailing an Administrative Citation, the CEU officer inspects the property to check if corrections were made. This process may repeat up to three (3) times, with fines increasing from $100 to $200, and up to $500 for the third citation.

The Solid Waste Division investigates illegal dumping in public areas as a violation of the MMC. Some residents are unaware of proper disposal methods, while others dump to avoid fees. The following steps are taken to address reported incidents:

1. Complaints are reported by citizens, City employees, and Solid Waste staff through phone, email, and GoModesto, with staff also identifying potential illegal dumping during routine work.

2. Code Enforcement investigation—A code enforcement officer is assigned based on the report's order, conducts field investigations, and contacts the reporting party if needed.

3. If the responsible party is identified, a Notice of Violation is issued, giving them five business days to remove the dumping. If not addressed, an Administrative Citation is
Illegal Dumping on Private Property
Illegal Dumping on Public Right-of-Ways

#3..
56 Future Goals & Strategies
Tagging Abatement Goals:

Maintain the current pace of
addressing and removing tagging
within 48 hours, with a goal of
responding within 24 hours.

Ensure team remains familiar with
"hot spots" to efficiently address
tagging issues.

Camp Cleanup & Collaboration Goals:

Reduce camp cleanup tonnage
collected by Park Ops staff by
utilizing support from MPD and
Solid Waste abatement teams.

Share the workload across
departments to respond more
quickly and reduce tonnage
collected by Parks staff, enabling
them to focus on park maintenance.

Park Usage Goals:

Support positive use of parks and
reduce negative use where possible.

Continue collaboration with MPD,
Park Rangers, CHAT, SW, and CARE
teams to enhance park operations
and abatement efforts.

PARKS, RECREATION
& NEIGHBORHOODS Ordinances & Enforcement:

Finalize and implement massage
parlor and vacant building
ordinances.

Designate code enforcement
officers to oversee enforcement
of these ordinances.

Staffing & Resources:

Hire 2 full-time and 4 part-time
positions for blight abatement.

Acquire new trucks and trailers to
replace aging equipment.

Blight Abatement Improvements:

Enhance community outreach to
prevent blight.

Streamline tracking and
coordination of abatement
efforts.

Meetings & Collaboration:

Continue heading county-wide
blight abatement meeting
(Turlock, Ceres, CHP, Cal Trans,
etc.).

Participate in City of Modesto
department head meeting to
coordinate abatement efforts.

MPD/CEU
issued, and the waste is removed within three days. For dumping that blocks sidewalks or bike lanes, removal occurs immediately, and the responsible party is charged.

1.If no responsible party is found— the pile is referred to Blight Abatement Team or the haulers for pickup within three business days.

As of 2024, the City refers all illegal dumping reports to the Blight Abatement Team for collection, using haulers only in cases of delays or large amounts of material. This streamlines the process, ensuring prompt and efficient removal from public areas.

Illegal Dumping on Public Right-of-Ways continued...

#3..
57 PW: Solid Waste/Streets
Increase Engagement for the Blight
Abatement Advisory Committee
(BAAC):

Revitalize the BAAC by supporting
members in community projects
to reduce vacancies, boost
attendance, and expand service
opportunities.

Launch the "Mo Beautiful"
Campaign/Designation as Clean
California City:

In 2025, the City will launch a
campaign to unite departments
and engage residents, businesses,
and stakeholders in reducing
blight and enhancing community
beautification."
The goal of the Clean California
campaign is to address the state’s
litter problem through public
education and strategic
partnerships.

Develop Software for Enforcement
Efficiency:

Partner with a software contractor
to create a case management
system to improve tracking and
managing blight-related issues,
boosting enforcement speed and
efficiency.

Reduce Illegal Dumping Response
Time:

Aim to decrease the response time
for illegal dumping from 8 days to
72 hours, building on past
improvements and increased staff.

Weed Abatement Team (Streets
Division):

Track progress in managing
overgrown vegetation and blight
in public spaces. Public Works will
monitor the effectiveness of the
Weed Abatement Team.

CITY OF MODESTO BLIGHT ABATEMENT STRATEGY FY 25/26 -
26/27 CITY OF MODESTO BLIGHT ABATEMENT STRATEGY FY 25/26 - 26/27

#3..
58 CITY OF MODESTO BLIGHT ABATEMENT STRATEGY FY 25/26 - 26/27 CITY OF MODESTO BLIGHT ABATEMENT STRATEGY FY 25/26 - 26/27
Conclusion
The City’s efforts to address blight and boost community engagement are driven by targeted initiatives with clear, measurable outcomes. The revitalization of the Blight Abatement Advisory Committee (BAAC) aims to reduce vacancies, increase attendance, and create more community events and volunteer opportunities.

The "Modesto Mo Beautiful" campaign will unite City departments, residents, businesses, and stakeholders to beautify the area, with success measured by campaign reach, events, and stakeholder involvement.

The Weed Abatement Team tackles overgrown vegetation and blight in public spaces, with progress tracked by reports, resolution times, and completed projects. A new case management software system will streamline blight enforcement, aiming for faster case resolution. Additionally, the goal to reduce the response time for illegal dumping from 8 days to 72 hours will be tracked by quicker removal times.

The City is taking strong steps to
fight blight and involve the
community by setting clear goals
and boosting resources. With
new ordinances, more trained
staff, and better equipment, we’re
stepping up enforcement and
cleanup efforts.

We’re also making it easier to
track issues and hear from
residents. By working closely with
nearby cities and our own
departments, we’re building a
united front against blight—
working together for a cleaner,
stronger, and more connected
community.

These combined efforts are designed to
create a cleaner, safer, and more engaged
community with measurable progress.

#3..
59 The City has established clear performance metrics to meet its goals for tagging abatement, camp cleanups, and park usage. In terms of tagging removal, the focus is on quick responses and regular monitoring of high activity "hot spots" to ensure tagging is addressed promptly.

In camp cleanups, the City aims to reduce waste collected by Park Operations by sharing responsibilities with the MPD and Solid Waste teams, ensuring cleanups are efficient and timely.

To boost park usage, the City is promoting positive activities while reducing negative incidents. This includes launching joint initiatives each month and improving response times to park-related concerns.

These goals and performance metrics are designed to keep public spaces clean, safe, and welcoming for everyone.

CITY OF MODESTO BLIGHT ABATEMENT STRATEGY FY 25/26 -
26/27 CITY OF MODESTO BLIGHT ABATEMENT STRATEGY FY 25/26 - 26/27

#3..
60 GLOSSARY
A one-cent sales tax to fund general City services passed by Modesto voters in November 2022.

Measure H
A large-scale economic stimulus package designed to address the economic and public health impacts of the COVID-19 pandemic.

American Rescue Plan Act (ARPA)
The mission of HEART is to address vagrancy issues by building partnerships and collaborations between the Criminal Justice System and Social/Medical Services.

Home Engagement And Response Team (HEART)
Created to help address the unhoused population and individuals experiencing mental health / substance abuse crisis.

Community Health and Assistance Team (CHAT)
Manages enforcement and compliance efforts for the vacant building ordinance, neighborhood blight and municipal code compliance, sidewalk vending, banner posting, and other administrative citation processes.

Code Enforcement Unit (CEU)
Blight Abatement Team
Operates two large pickup trucks with trailers to abate unsightly trash and debris related to quality of life and criminal activity. They operate at the direction of the area commanders and work in close conjunction with the other units in the division.

A municipal code is a set of laws that are enacted and enforced by a village, town, city or county government.

Modesto Municipal Code (MMC)
A document used in abatement actions and assessment of civil penalties involving serious code violations which provide notice of municipal code, uniform code or applicable State Code violations and orders a responsible party to take certain steps to correct the violations within a definitive period of time. Civil penalties may also be imposed in conjunction with this notice.

Notice and Order (N&O)
CITY OF MODESTO BLIGHT ABATEMENT STRATEGY FY 25/26 -
26/27 CITY OF MODESTO BLIGHT ABATEMENT STRATEGY FY 25/26 - 26/27

#3..
61 209-577-5223
[email protected]
1010 10th Street Modesto, CA 95354
Phone:

Email:

Address:

The development and update of the Blight
Abatement Strategy Fiscal Year 25/26 - 26/27 was
made possible through the collaborative efforts
of staff from multiple departments, including
Public Works: Solid Waste Division, Parks,
Recreation & Neighborhoods, the Modesto Police
Department, and the Code Enforcement Unit.

Their ongoing commitment to preserving the
beauty of Modesto is invaluable.

Website: www.modestogov.com
Contact Details:
#3..
62 CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

June 10, 2025
Date: April 11, 2025
TO: Mayor and Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Agreement with the Downtown Streets Team for Job Training and Rapid Rehousing Services
CONTACT: Edgar R. Garcia, Community Development Manager [email protected], 209-571-5101
DESCRIPTION:

Consider approving an Agreement with Downtown Streets Team (DST) for an annual amount of $500,000 and a total amount not to exceed $1,000,000 for job training and rapid rehousing services for a two (2) year term. (Funding Source: Litter Abatement Fund, State Funds) STRATEGIC PLAN ELEMENT:

This item supports the City of Modesto’s 2025-2026 Strategic Plan Quality of Life Goal C:

Develop a Homelessness and Housing Plan.

BACKGROUND:

On December 11, 2018, by Resolution 2018-565, a Memorandum of Understanding (MOU) was entered into by the City of Modesto, County of Stanislaus, Stanislaus Community Foundation, and the United Way to bring the Downtown Streets Team program to Stanislaus County. Since their launch in Modesto, the Downtown Streets Team has supported 172 individuals in obtaining housing and 127 individuals with obtaining employment. In addition, DST has played an integral role in shifting the narrative on homelessness and the community has rallied behind the organization to support DST members with financial support, housing, and employment opportunities. The initial multi-partner Memorandum of Understanding expired in 2021.

On August 9, 2022, through Resolution 2022-340, the City, the County of Stanislaus Community Services Agency and the Downtown Streets Inc. entered into another MOU in an amount not to exceed $2,100,000 for the three (3) year term. The City committed a total of $700,000 annually and the County contributing $200,000 annually to continue supporting the Downtown Streets team. With the expiration of the MOU approaching, June 30, 2025, the City and County have been in active negotiations for a new MOU to help with the continuation of the DST program.

The DST organization has been exceptional in supporting individuals experiencing homelessness by providing daily meaningful activities, building camaraderie, and supporting #4..
- 63 -
City Council, June 10, 2025
Agreement with the Downtown Streets Inc. for Job Training and Rapid Rehousing Services

members in the following areas: securing employment, increasing engagement in mental health treatment, removing barriers to housing and employment, and assisting with vital documents.

The daily meaningful activity for members includes outreach and engagement of individuals experiencing homelessness and litter abatement on public right of ways such as parks, sidewalks, and other city owned property. The team may also support with park cleaning, weed abatement, and receive other duties as assigned by the City.

DISCUSSION:

The City currently holds three agreements with the Downtown Streets Inc. including: $350,000 for litter abatement in the Parks, $400,000 for rapid rehousing of individuals experiencing homelessness, and the MOU with the County in the amount of $900,000, of which $700,000 is contributed from the City of Modesto for a standing team of 50 members for litter abatement across the city.

The new Agreement will be for $500,000 annually and a total allocation for the two-year period of $1,000,000 and will capture all elements of the scope of work from prior agreements. This agreement will include the Parks and Citywide teams for a total of 70 individuals and will also include rapid rehousing for individuals who are ready for placement. This funding for the Downtown Streets Team was made available through the 2023-2024 California Budget Bill1 (Assembly Bill 102) that awarded $1,000,000 from the State General Fund for the City of Modesto to support the Downtown Streets Team. This funding requires that the City encumber the funds by June 30, 2025, and fully expend by June 30, 2027. To help support the sustainability of the program the DST will be responsible for 60% of the total budget for a 70- member team.

To maintain their full capacity, Downtown Streets Inc. will be negotiating an agreement with Stanislaus County Behavioral Health and Recovery Services (BHRS) which will fund their Modesto program in the amount of $160,000 annually and $320,000 for the two-year term – which is broken down in further detail below. Furthermore, DST will be responsible for funding 60% of their agreement which is in the amount of $750,000 annually beginning on July 1, 2025, and $1,500,000 for the two-year period ending June 30, 2027. The City has partnered with the Downtown Streets Team to identify potential revenues such as County sources, Medi-Cal reimbursement, philanthropic sources, and other fundraising opportunities that can meet or exceed this requirement to help DST become a self-sufficient organization. The goal for the Modesto program is to help ensure that DST is self-sustainable beyond the agreement term for continuous support of the community experiencing homelessness.

The funding breakdown is as follows:

Partner Annual Allocation Two-Year Allocation
Downtown Streets Team $750,000 $1,500,000
City Funds (Litter
Abatement Fund, State
General Funds)
$500,000 1,000,000
Stanislaus County BHRS $160,000 $320,000
Total $1,410,000 $2,820,000
1 2023-2024 Budget Bill: leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB102 #4..
- 64 -
City Council, June 10, 2025
Agreement with the Downtown Streets Inc. for Job Training and Rapid Rehousing Services

FISCAL IMPACT:

The total agreement with DST is $500,000 on an annual basis, and $1,000,000 for the two-year period. The City will fund this Agreement through a grant received from the State of California General Fund, and the Litter Abatement fund for a grand total of $1,000,000. The DST will be responsible for self-funding the remainder of the program costs beyond this allocation, and has identified anticipated revenue from Stanislaus County BHRS, and Medi-Cal reimbursement options.

COMMITTEE RECOMMENDATION:

This item was presented to the Citizens’ Housing and Community Development Committee on April 10, 2025, and was recommended to forward to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an Agreement with Downtown Streets Inc. (DST) for job training and rapid re-housing services for an annual amount of $500,000 and a total amount not to exceed $1,000,000 for a two (2) year term, and authorizing the City Manager, or his designee, to execute the Agreement.

Resolution amending the fiscal year 2024-25 annual operating fund budgets and creating a multi-year project in the amount of $1,100,000 to appropriate the funds for the agreement with Downtown Streets Inc. for job training and rapid-rehousing services and city activity delivery in the amount of $100,000 for a total amount not to exceed $1,100,000 and authorizing the City Manager, or his designee, to take the necessary steps to implement the provisions of this Resolution.

Approved by:

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

1. Resolution – Agreement with Downtown Streets Team

2. Resolution - Budget

3. Agreement with Downtown Streets Team

4. Levine Act Statement
#4..
- 65 -
06/10/2025/CED/EGarcia/Item X 1 2025-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2025-

RESOLUTION APPROVING AN AGREEMENT WITH DOWNTOWN
STREETS, INC. (DST) FOR JOB TRAINING AND RAPID RE-HOUSING SERVICES FOR AN ANNUAL AMOUNT OF $500,000 AND A TOTAL AMOUNT NOT TO EXCEED $1,000,000 FOR A TWO (2) YEAR TERM, AND

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE

THE AGREEMENT
WHEREAS, on December 11, 2018, by Resolution 2018-565, a Memorandum of Understanding (MOU) was entered into by the City of Modesto, County of Stanislaus, Stanislaus Community Foundation, and the United Way to bring the Downtown Streets Inc. program to Stanislaus County; and WHEREAS, the initial multi-partner Memorandum of Understanding expired on December 11, 2021; and
WHEREAS, on August 9, 2022, through Resolution 2022-340, the City, the County of Stanislaus Community Services Agency and the Downtown Streets Inc. entered into another MOU in an amount not to exceed $2,100,000 for the three (3) year term; and
WHEREAS, the City committed a total of $700,000 annually and the County contributed $200,000 annually to continue supporting the Downtown Streets Inc.; and WHEREAS, with the expiration of the MOU approaching, June 30, 2025, the City and County have been in active negotiations for a renewed MOU to help with the continuation of the DST program; and
WHEREAS, the DST organization has been exceptional in supporting individuals experiencing homelessness by providing daily meaningful activities, building camaraderie, and supporting members in the following areas: securing employment, #4..
- 66 -
06/10/2025/CED/EGarcia/Item X 2 2025-XX
increasing engagement in mental health treatment, removing barriers to housing and employment, and assisting with vital documents; and
WHEREAS, DST will continue to require team members to perform a daily meaningful activity and the scope of work will continue to include case management, outreach and engagement of individuals experiencing homelessness and litter abatement on public right of ways such as parks, sidewalks, and other city owned property; and WHEREAS, DST will be responsible for funding 60% of their total budget, which equals $1,500,000, for this agreement to support ongoing operations of the program for the 2-year term; and
WHEREAS, the City has partnered with the Downtown Streets, Inc. to identify potential revenues such as Medi-Cal reimbursement, philanthropic sources, and other fundraising opportunities that can meet or exceed the 60% requirement to help DST become a self-sufficient organization; and
WHEREAS, the total allocation from the City will be in the amount of $500,000 and a total allocation for the two-year period in the amount of $1,000,000 in aggregate for all services provided by Downtown Streets, Inc.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an Agreement with Downtown Streets, Inc. (DST) for job training and rental assistance services for an annual amount of $500,000 and a total amount not to exceed $1,000,000 for a two (2) year term.

BE IT FURTHER RESOLVED, that the City Manager, or his designee, is hereby authorized to execute the Agreement, in a form approved by the City Attorney. #4..
- 67 -
06/10/2025/CED/EGarcia/Item X 3 2025-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 10th day of June, 2025 by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:

AYES: Councilmembers: ?
NOES: Councilmembers: ?
ABSENT: Councilmembers: ?
ATTEST: ____________________________

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

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney

#4..
- 68 -
06/10/2025/CED/EGarcia/Item X 1 2025-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2025-
RESOLUTION AMENDING THE FISCAL YEAR 2024-25 ANNUAL OPERATING

FUND BUDGETS AND CREATING A MULTI YEAR PROJECT IN THE AMOUNT OF $1,100,000 TO APPROPRIATE THE FUNDS FOR THE AGREEMENT WITH DOWNTOWN STREETS, INC. FOR JOB TRAINING AND RAPID REHOUSING SERVICES AND CITY ACTIVITY DELIVERY IN THE AMOUNT OF $100,000 FOR A TOTAL AMOUNT NOT TO EXCEED $1,100,000 AND AUTHORIZING THE CITY

MANAGER, OR HIS DESIGNEE, TO TAKE THE NECESSARY STEPS TO

IMPLEMENT THE PROVISIONS OF THIS RESOLUTION
WHEREAS, the initial multi-partner Memorandum of Understanding expired on December 11, 2021; and
WHEREAS, on August 9, 2022, through Resolution 2022-340, the City, the County of Stanislaus Community Services Agency and the Downtown Streets, Inc. entered into another MOU in an amount not to exceed $2,100,000 for the three (3) year term; and WHEREAS, with the expiration of the MOU approaching, June 30, 2025, the City and County have been in active negotiations for a new MOU to help with the continuation of the DST program; and
WHEREAS, the DST organization has been exceptional in supporting individuals experiencing homelessness by providing daily meaningful activities, building camaraderie, and supporting members in the following areas: securing employment, increasing engagement in mental health treatment, removing barriers to housing and employment, and assisting with vital documents; and
WHEREAS, DST will continue to require team members to perform a daily meaningful activity and the scope of work will continue to include case management, outreach and engagement of individuals experiencing homelessness and litter abatement on public right of ways such as parks, sidewalks, and other city owned property; and #4..
- 69 -
06/10/2025/CED/EGarcia/Item X 2 2025-XX
WHEREAS, DST will be responsible for funding 60% of their total budget, which equals $1,500,000, for this agreement to support ongoing operations of the program for the 2- year term; and
WHEREAS, the City has partnered with the Downtown Streets, Inc.to identify potential revenues such as Medi-Cal reimbursement, philanthropic sources, and other fundraising opportunities that can meet or exceed the 60% requirement to help DST become a self-sufficient organization; and
WHEREAS, the total allocation from the City will be in the amount of $500,000 and a total allocation for the two-year period in the amount of $1,000,000 in aggregate for all services provided by Downtown Streets, Inc.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the amendment of the fiscal year 2024-25 annual operating fund budgets and creation of a multi-year project in the amount of $1,100,000 to appropriate the funds for the agreement with Downtown Streets, Inc. for job training and rapid rehousing services and activity delivery in the amount of $100,000 for a total amount not to exceed $1,100,000.

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

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 10th day of June, 2025 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: ?
#4..
- 70 -
06/10/2025/CED/EGarcia/Item X 3 2025-XX
ABSENT: Councilmembers: ?
ATTEST: ____________________________
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney

#4..
- 71 -
Funding Contribution Agreement – Downtown Streets Team

GRANT AGREEMENT
Downtown Streets Team
This Agreement (“Agreement”) is entered into in the City of Modesto, State of California, this ____ day of _______________ 2025 (“Effective Date”) by and between the City of Modesto, a California municipal corporation (“City”), and the Downtown Streets, Inc., a California nonprofit corporation (“Recipient”). The City and Downtown Streets, Inc. shall be collectively referred to hereinafter as the “Parties”.

This Agreement is made with regard to the following recitals:

WHEREAS, CITY desires to engage Downtown Streets, Inc. to render certain services, programs, or assistance in connection with such undertaking of the Grant as described in Appendices A, and B; and
WHEREAS, on June 10, 2025, City Council adopted Resolution No. 2025-_____, approving an allocation of One Million Dollars ($1,000,000) to Recipient for the purposes set out in Exhibit A, subject to the terms and conditions set out in this agreement.

NOW THEREFORE, the City and Recipient agree as follows:

1. Term
The term of this Agreement (the “Term”) shall be for two (2) years commencing on the effective date of this Agreement and expiring on June 30, 2027. The Agreement shall commence upon full execution of the Agreement.

2. Grant Award
A. The City shall provide Recipient with a grant of City of One Million Dollars ($1,000,000) (the “Grant”) for the purposes and activities further specified in Exhibit A, attached here to and incorporated by referenced (the “Activities”). Disbursement shall be on a reimbursement basis of approved invoices and is dependent upon Recipient providing all records and documentation reasonably required by the City.

B. Recipient shall expend the Grant solely on the Activities, as specified in Exhibit A, and within the approved budget. Recipient shall not use the Grant for any other purpose or activity without the prior written consent of the City.

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

3. Recipient’s Obligations
#4..
- 72 -
Funding Contribution Agreement – Downtown Streets Team
A. Throughout the Term of this Agreement, the Recipient shall obtain and maintain all licenses, permits, qualifications and approvals legally required to conduct business.

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

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

4. Reporting Requirements
Recipient shall submit reporting, in accordance with the requirements set forth in Exhibit A, attached hereto and incorporated herein, to the City within 180 days of the end of the Recipient’s fiscal year in a form approved by the City. The annual report shall be in addition to the reporting required by Section 4, and shall include:

A. Summary of activities and accomplishments, mandate and/or mission of the organization;
B. List of Board Directors with title, contact information and mandate term of each Director;
C. Organizational Chart;
D. Project/Program Expenditures-to-date (including receipts); E. Any other information reasonably requested by the City.

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

B. Recipient agrees to keep all necessary books and records required by this Agreement for five (5) years following the end of this Agreement, and shall document all transactions so that all expenditures may be properly audited.

C. Recipient agrees that City or any authorized representative has access to and the right to examine all records, books, papers, or documents related to the project.

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

6. Preservation of Assets
#4..
- 73 -
Funding Contribution Agreement – Downtown Streets Team
Any assets purchased with the Grant, the cost of which exceed $5,000, shall be preserved by the Recipient and shall not be sold, leased, given away or otherwise disposed of prior to the end of the useful life of the asset without prior written consent of the City.

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

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

D. The Recipient uses the Grant for a purpose or activity other than those specified in Exhibit A.

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

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

9. Non-Assignment
#4..
- 74 -
Funding Contribution Agreement – Downtown Streets Team
The Recipient shall not assign this Agreement, the Grant, or any part thereof, without the Prior written consent of the City. Any assignment in violation of this section shall require an immediate repayment of the Grant to City by the Recipient.

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

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

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

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Recipient shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days’ notice of the cancellation on the policies of insurance required hereunder (10 days’ notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice.

The Recipient shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled. (a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000.
#4..
- 75 -
Funding Contribution Agreement – Downtown Streets Team
(b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent The Recipients and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

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

THE RECIPIENT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, THE RECIPIENT shall provide CITY with a Workers #4..
- 76 -
Funding Contribution Agreement – Downtown Streets Team
Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.

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

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

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

To City:

City of Modesto
Attn: Edgar Garcia, Community Development Manager
1010 10th Street
Modesto, CA 95353
To Recipient:

Downtown Streets Team
Attn: Julie Gardner, Chief Executive Officer
1671 The Alameda #301
San Jose, CA 95126

14. SEVERABILITY
If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in #4..
- 77 -
Funding Contribution Agreement – Downtown Streets Team
contravention of any federal, state or City statute, ordinance or regulation; the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.

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

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

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

Whether or not City and the Recipient may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.
#4..
- 78 -
Funding Contribution Agreement – Downtown Streets Team
The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail.

The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.

Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.

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

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

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

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

18. GENERAL PROVISIONS
#4..
- 79 -
Funding Contribution Agreement – Downtown Streets Team
A. Binding Agreement. This agreement shall be binding on and inure to the benefit of the City, the Recipient and their respective successors and assigns. Nothing contained in this Agreement is intended to or shall be deemed to confer upon any person, other than the Parties and their respective successors and assigns, any rights or remedies hereunder.

B. Severability. Any provision of this agreement, which is or becomes prohibited or unenforceable in any jurisdiction, shall not invalidate or impair the remaining provisions of this agreement which shall be deemed severable from the prohibited or unenforceable provision and any prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable that provision in any other jurisdiction.

C. Waiver. The fact that the City refrains from exercising a remedy it is entitled to exercise under this agreement shall not be considered to be a waiver of such right and, furthermore, partial or limited exercise of a right conferred upon the City shall not prevent the City in any way from later exercising any other right or remedy under this agreement or other applicable law. No waiver of any breach of any covenant or provision of this Agreement shall be deemed a waiver of any other covenant or provision hereof, and no waiver shall be valid unless in writing and executed by the waiving Party
D. Business License. Recipient will have a valid City of Modesto Business License.

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

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

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

IN WITNESS WHEREOF, the Parties have executed this MOU as of the effective date set forth above.
#4..
- 80 -
Funding Contribution Agreement – Downtown Streets Team

EXHIBIT A

SCOPE OF WORK
Fund Development and Team Size
The Downtown Streets Team shall be responsible for raising funds throughout the term of this agreement and shall provide monthly reports on the status of funds raised to the City and County.

The Downtown Streets Team shall be required to sustain sixty percent (60%) of their combined operating budget which equals $750,000 annually and $1,500,000 for the term of the agreement.

The team size shall be maintained at no less than 68 individuals on the DST supporting Citywide and Parks litter abatement (18 individuals dedicated to Parks, and 50 individuals dedicated to Citywide litter abatement).

Housing
A. The Downtown Streets Team will measure, and provide outcome reports as scheduled by the City on the following:

I. Collect unique information regarding client barriers to achieve housing II. Collect the number of barriers (vital documents, legal, medical, etc.) removed per client
III. Number of clients placed into housing
IV. Number of unduplicated clients who receive housing stabilization support (landlord mediation, utility assistance, rental assistance, housing relocation, etc.) V. Number of unduplicated clients receiving aftercare case management, and engaged in DST’s alumni program
VI. Duration of program enrollment and exit destinations DST will utilize HMIS to collect data and for reporting including program enrollments, services and living situations, and exit destinations.

I. Percentage of Team Members with positive outcomes regarding health, mental health, substance abuse treatment, and criminal justice system interactions.

II. Team Member satisfaction
Housing Placement
I. DST will provide short- and/or medium-term rental assistance to individuals who meet the homeless criteria with Rapid Re-Housing. Assistance may include, security deposit, utility arrears, utility deposits, utility payments, rental assistance, renters insurance, and landlord incentives.

II. DST will assist clients in obtaining vital documents required for housing eligibility.

III. DST shall communicate with property managers and private landlords about program and process.

IV. DST will utilize HMIS to collect data and for reporting including program enrollments, services and living situations, and exit destinations.
#4..
- 81 -
Funding Contribution Agreement – Downtown Streets Team
V. DST shall complete accurate RRH case files, and enter enrollments and housing status into HMIS.

VI. DST shall complete unit inspections to ensure habitability standards are met. DST will submit verification of inspection with invoices.

Housing Stabilization
I. DST will provide short- and/or medium-term rental assistance, not exceeding 12 months, necessary to prevent an individual or family from moving into an emergency shelter or another place described in paragraph (1) of the “homeless” definition in §576.2.

II. Homeless prevention may be provided to individuals and families who meet the criteria under the “at risk of homelessness” definition, or who meet the criteria in paragraph (2), (3), or (4) of the “homeless” definition in §576.2.

III. Temporary financial assistance and housing stabilization services may be provided to maintain current housing, or provide assistance in securing new housing to avoid becoming homeless and entering the emergency shelter system.

IV. Financial assistance may include security deposit, rental arrears, rental assistance, utility deposit, utility assistance, utility payments, utility arrears, and renters insurance.

V. DST shall serve as liaison between client and landlord to address concerns and work towards a resolution.

VI. DST will utilize HMIS to collect data and for reporting including program enrollments, services and living situations, and exit destinations.

VII. DST shall engage with program alumni to provide continued case management support to maintain self-sufficiency, in an effort to prevent recidivism to homelessness.

VIII. DST shall develop curriculum for monthly alumni meeting to address client needs and build community.

IX. DST shall host workshops and events for alumni to support housing retention and stabilization.

X. DST will engage in monthly home visits to address any client needs, focused on housing retention and stabilization. These areas may include financial literacy and budgeting, lease compliance, utility and rental payments and management, property maintenance and basic needs.

Parks – Litter Abatement
The Downtown Streets Team (DST) shall work with each client to obtain employment and housing. With appropriate safety, confidentiality, and general training on the required responsibilities from the City, the DST shall be responsible for transportation to the work site, when transportation is required, and shall be responsible for performing the following duties.

City shall provide a monthly work schedule seven (7) days in advance of the first of each month. #4..
- 82 -
Funding Contribution Agreement – Downtown Streets Team
Outreach and Engagement

1. DST will reach out to and directly engage unsheltered individuals in parks, on streets, and along waterways to provide information and available resources for people experiencing homelessness.

2. DST members will provide information and other resources based on a variety of resources that are made available by the City of Modesto, nonprofits, and other stakeholders that may help address a disability, mental health, substance abuse, housing, shelter, or related issue.

Litter Abatement

1. DST shall beautify the streets, parks and public spaces throughout the City of Modesto.

2. DST shall manually gather trash and debris in areas as assigned by City, bag and pile litter and place the bags in areas as assigned by City.

3. DST may be required to maintain and water the planters in Downtown area, as assigned by City staff.

4. DST will provide bags for the containment of litter and additional equipment for projects in areas as assigned by City.

5. With the appropriate equipment provided by DST, DST shall gather and load green waste and related debris for abatement into a loader, and it also may require dragging green waste, wood, brush, and tree limbs, and stacking it in a uniform pile for abatement. This work may also require raking, shoveling, and sweeping.

6. With appropriate equipment from DST, DST may be required to remove weeds as assigned by City.

7. DST will provide bags for the containment of litter and additional equipment for projects in Parks.

Data Collection

1. The Downtown Streets Team will measure, and provide outcome reports as scheduled by the City on the following:
a. Collect unique information regarding client barriers to achieve housing and employment
b. Collect the number of barriers (vital documents, legal, medical, etc) removed per client
c. Number of clients placed into permanent employment
d. Number of clients placed into housing
e. Duration of program enrollment and reasons for not graduating from program f. Average wage upon job placement of clients
g. Amount of debris (measured in pounds) and number of needles removed h. Percentage of Team Members with positive outcomes regarding health, mental health, substance abuse treatment, and criminal justice system interactions
i. Team Member satisfaction
#4..
- 83 -
Funding Contribution Agreement – Downtown Streets Team
Homeless Service Providers shall participate in the local Continuum of Care’s Homeless Information Management Systems (HMIS) and shall comply with the HMIS Data Quality Standards as adopted by the local Continuum of Care. These standards include, but are not limited to timely inputting of client-level data, utilization of standardized forms, attending required trainings, adoption of specific workflows, etc. While safe havens are exempt from these requirements, these types of organizations are still required to operate a data management system with data standards that meet or exceed HMIS data standards. #4..
- 84 -
Funding Contribution Agreement – Downtown Streets Team
Citywide Litter Abatement

1. Homeless and low-income people (Team Members) volunteer and work collaboratively on beautification projects around the community. Team Members will pick up litter, needles, trash, and encampment debris and other such garbage items in the Program area (as identified by the City) while outreaching to the current residents.

2. Team Members will receive a non-cash basic needs stipend, while receiving case management and employment services that provides a meaningful daily activity, personal and professional growth, and work experience for Team Members. The stipend cards cover everything from bus passes, phone service, and food, to medication and enrollment fees for employment training courses. This needed support of case management and stipend cards helps someone go from survival mode to goal-setting mode.

3. Downtown Streets Team will host a weekly success meeting to serve as a consistent check-in point for existing Team Members, an entry point for people interested in joining the Team and offer a venue to provide housing resources and job leads.

4. The Downtown Streets Team will work with existing housing and shelter providers, other service providers (medical, legal, etc.), employers and local government agencies to remove barriers to self-sufficiency for every Team Member.

5. The Program operates in four-hour shifts and assumes five-day work weeks. The Program operates 50 weeks out of the year.

6. The Program will beautify the streets, parks and public spaces throughout the City of Modesto.

7. The Program shall have a standing Team of a minimum of 50 volunteers cleaning highly blighted areas as directed by the City.

8. The Downtown Streets Team will measure, and provide outcome reports on, the following:
a. Number placed into permanent employment
b. Average wage upon placement
c. Number placed into permanent housing
d. Amount of debris (measured in pounds) and number of needles removed e. Percentage of Team Members with positive outcomes regarding health, mental health, substance abuse treatment, and criminal justice system interactions
f. Team Member satisfaction
#4..
- 85 -
California Levine Act Disclosure
California Government Code Sec2on 84308, also known as the "Levine Act", prohibits City “officers” from par2cipa2ng in any ac2on related to a license, permit, or other en2tlement for use (a “proceeding”) if such member accepts, solicits, or directs poli2cal contribu2ons from a party to the proceeding or their agent totaling more than $500 while the proceeding is pending before the agency, and for twelve (12) months following the date a decision concerning the proceeding has been made. The Levine Act also requires disclosure of such contribu2on by a party to the proceeding.

Sec2on 84308(a)(4) of the Levine Act defines an "officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elec2ve office in an agency. The term “officer” is further defined 2 Cal. Code Regs. Sec2on 18438.1, which states:

An officer of an agency includes only those persons who make, par2cipate in making, or in any way aTempt to use their official posi2on to influence a decision in the license, permit, or en2tlement for use proceeding, or who exercise authority or budgetary control over the agency of officers who may do so, and:
(1) Serve in an elected posi3on, including an official appointed to an elected posi3on due to an interim vacancy or an elec3on otherwise canceled because the official was the sole candidate for the posi3on; (2) Serve as a member of a board or commission;
(3) Serve as the chief execu3ve of a state agency, or county, city or district of any kind; or (4)Have decision making authority with respect to the proceeding involving a license, permit, or other en3tlement for use and is also a candidate for elected office or has been a candidate for elec3ve office in the 12 months prior to the proceeding.

A list of Modesto City Council Board Members can be found online at: Modesto City Council hTps://modestogov.com/706/Council-Members (modestogov.com). The party making this cer2fica2on is responsible for determining whether a recipient of a poli2cal contribu2on is a City officer prior to answering the following ques2ons:

1. Have you, your company, or any agent on behalf of you or your company, made any poli2cal contribu2ons of more than $500 to any City officer, in the twelve (12) months preceding the date of the submission of your proposals or the an2cipated date of any Council ac2on related to this contract?
___ YES If yes, please iden2fy the Councilmember(s):
_X__ NO

2. Do you, or your company, or any agent on behalf of you or your company, an2cipate or plan to make any poli2cal contribu2on of more than $500 to any City officer in the twelve (12) months following any Council ac2on related to this contract?
___ YES If yes, please iden2fy the Councilmember(s):
__X_ NO
#4..
- 86 -
Answering YES to either of the ques2ons above does not preclude the City of Modesto from awarding a contract to your firm or taking any subsequent ac2on related to the contract. It may, however, preclude the iden2fied City officer from par2cipa2ng in any ac2ons related to such contract.

HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
_________________ _____________________________
Date Signature of authorized individual
_____________________________
Company/Applicant Name
#4..
- 87 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

June 10, 2025
Date: May 14, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Accepting Award for Encampment Resolution Funding (ERF) CONTACT: Edgar Garcia, Community Development Manager
[email protected], 209-577-5211
DESCRIPTION:

Consider approving an Agreement with the State of California Department of Housing and Community Development for the acceptance of Encampment Resolution Funding Program in the amount of $5,757,847 and approving sub-awards to Modesto Gospel Mission for $1,491,967 and Salvation Army for $669,167. (Funding Source: Encampment Resolution Funding) STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s 2025-2026 Strategic Plan, Goal C: Develop a Homelessness and Housing Plan
BACKGROUND:

The Encampment Resolution Funding (ERF) Program was created to fund actionable, personcentered local proposals that resolve the experience of unsheltered homelessness for people residing in encampments. The funding will focus on the safety and wellness of people within encampments, resolve critical encampment concerns, and transition individuals into interim shelter with clear pathways to permanent housing or directly into permanent housing, using data informed, non-punitive, low-barrier, person-centered, Housing First, and coordinated approaches.

The ERF Program was initially authorized in 2021 through Assembly Bill 140, which allocated $50 million for what would become the first round of funding. Senate Bill 197 amended the program and AB 178 allocated an additional $300 million for Round 2 of ERF funding. ERF-3 was authorized in 2022 through Senate Bill 197 (Chapter 70, Statutes of 2022)1, enacted under Chapter 7 of Part 1 of Division 31 of the California Health and Safety Code (HSC) (sections 50250 et seq.) through which $400 million for this third round was appropriated by SB 101 (Chapter 12, Statute of 2023)2.
1 Senate Bill 197 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB197 2 Senate Bill 101 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB101 #5..
- 88 -
City Council, June 10, 2025
Accepting Award for Encampment Resolution Funding (ERF)

ERF was established to increase collaboration between Cal ICH, Local Jurisdictions, and Continuums of Care (CoCs) to:
 Assist Local Jurisdictions in ensuring the safety and wellness of people experiencing homelessness in encampments.
 Provide grants to Local Jurisdictions and CoCs to resolve critical encampment concerns and transition individuals into safe and stable housing.  Encourage a data-informed, coordinated approach to address encampment concerns.

The Notice of Funding Availability (NOFA) that the City applied for included the remaining $298,747,574 of ERF funds for the State. Applications were accepted by the California Department of Housing and Community Development (HCD) on a rolling basis, or until all funds were exhausted, whichever comes first for the purpose of resolving critical encampment concerns.

DISCUSSION:

The City identified the ERF funding program as an opportunity to address concerns caused by the encampments to transition unhoused individuals into safe and stable housing. By Resolution 2024-009, the City applied for ERF in January 2024 and resubmitted a revised application in June 2024 for funding to support to the encampment population that is residing along Yosemite Blvd. and the surrounding area.

In December 2024, the City was notified that the City was awarded $5,757,847 to support the City’s Camp2Home initiative in tackling homelessness with the focus of outreach, bridge housing, shelter, and housing as described below:

Street Outreach at Targeted Encampments - Partnership with CHAT The Community Health and Assistance Team (CHAT) housed within the Modesto Police Department (MPD) engages individuals regularly with the focus on the following priority locations (which are also State Right of Ways): Yosemite Avenue (State Route 132), nearby areas, and potential other key state right of ways. The CHAT team will continue to engage and provide referral support to the encampment population. The goal will be focused on moving individuals further along in their journey to obtain housing by ensuring set-aside beds and set-aside units are available through a partnership with the Modesto Gospel Mission, and the Salvation Army. The allocation in the amount of $1,981,490 will support personnel and equipment expenses for the performance of the targeted outreach on Yosemite Blvd. and nearby areas.

Bridge Housing - Partnership with Modesto Gospel Mission The ERF award will support the operations of the 1530 Owens Drive project and will include meal services, access to bathrooms, showers and laundry services, storage, access to supportive services/linkages, and security services. The non-congregate shelter units will be tiny, manufactured homes for individuals with communal restrooms available. The grant will fund case management personnel that will serve the population within walking distance to 1530 Owens Drive at the Modesto Gospel Mission campus. The amount included in the grant to support this element of the proposal is $1,491,967.

Shelter - Partnership with Salvation Army
#5..
- 89 -
City Council, June 10, 2025
Accepting Award for Encampment Resolution Funding (ERF)

The proposed funding will support ongoing operations of the Berberian Shelter and will improve service delivery, outcomes and exits to permanent housing and will support individuals experiencing homelessness with their housing journey. The allocation for the Salvation Army is in the amount of $669,167 over the two-year term.

Permanent Housing Support
The proposal also includes a rental subsidy program intended to assist in removing barriers to accessing permanent housing. Participants served in this program will have access to housing navigation, rental and utility assistance, move-in assistance, landlord incentives, case management, and additional services to facilitate the household’s path to permanent housing.

The allocation for permanent housing includes $1,341,040 which includes subsidies for up to 60 individuals for a 12-month period over the grant period. This task will be brought back to Council once a provider is identified to assist with execution.

The funding is broken down in further detail in the table below:

Activity FY 2025-2027
Modesto Gospel Mission $1,491,967
The Salvation Army
$669,167
Modesto Police DepartmentCommunity Health and Assistance Team

$1,981,490
Permanent Housing
$1,341,040
City of Modesto (Admin) $274,183
TOTAL ALLOCATION $5,757,847
FISCAL IMPACT:

The grant award is for a total of $5,757,847 to further the City’s Camp2Home initiative. The grant will fund the Community Health and Assistance Team, Modesto Gospel Mission, and Salvation Army, permanent housing subsidies, and staff time for oversight of the program. Sufficient funds are available in the grant budget to fund the program improvements and there will be no impact to the General Fund.

COMMITTEE RECOMMENDATION:

This item was presented to the Citizen Housing and Community Development Committee (CHCDC) on January 11, 2024 and was previously presented to the City Council on January 23, 2024. This item is returning directly to the City Council for the acceptance of the grant award and for authorization to enter into agreements to implement the grant.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving an Agreement with the State of California Department of Housing and Community Development for the acceptance of Encampment Resolution Funding Program in the amount of $5,757,847, and authorizing the City Manager to execute Agreements and submit #5..
- 90 -
City Council, June 10, 2025
Accepting Award for Encampment Resolution Funding (ERF)

applicable documents as required by the State, and authorizing the City Manager to negotiate and execute Agreements for the allocation of sub-awards to Modesto Gospel Mission for $1,491,967 and Salvation Army for $699,167 to carry out the provisions of this Resolution.

Resolution amending the Fiscal Year 2024-25 Annual Operating and Non-Capital Project fund budgets to establish the revenue, expenditures, and transfers for Project #101663 in the amount of $5,757,847 to appropriate funds for the Encampment Resolution Funding Program and authorizing the City Manager, to take the necessary steps to implement the provisions of this Resolution.

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

1. Attachment 1 – Resolution

2. Attachment 2 – Resolution – Budget

3. Attachment 3 – Standard Agreement with the State of California

4. Attachment 4 – Memorandum of Understanding with Modesto Gospel Mission

5. Attachment 5 – Agreement with Salvation Army

6. Attachment 6- Levine Act Form Modesto Gospel Mission

7. Attachment 7- Levine Act Form The Salvation Army
#5..
- 91 -
06/10/2025/CED/EGarcia/Item X 1 2025-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2025-

RESOLUTION APPROVING AN AGREEMENT WITH THE STATE OF

CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY

DEVELOPMENT FOR THE ACCEPTANCE OF ENCAMPMENT RESOLUTION FUNDING PROGRAM IN THE AMOUNT OF $5,757,847, AND AUTHORIZING

THE CITY MANAGER TO EXECUTE AGREEMENTS AND SUBMIT

APPLICABLE DOCUMENTS AS REQUIRED BY THE STATE, AND

AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE

AGREEMENTS FOR THE ALLOCATION OF SUB-AWARDS TO MODESTO
GOSPEL MISSION FOR $1,491,967 AND SALVATION ARMY FOR $669,167 TO

CARRY OUT THE PROVISIONS OF THIS RESOLUTION
WHEREAS, in 2021, Assembly Bill 140 allocated $50 million for local proposals to resolve the experience of unsheltered homelessness for people residing in encampments in a first round of funding; and
WHEREAS, Senate Bill 197 amended the program and Assembly Bill 178 allocated an additional $300 million for round two of funding; and WHEREAS, the Notice of Funding Availability (NOFA) administered through the State accepted applications through the California Interagency Council on Homelessness (Cal-ICH) for the remaining $298,747,574 of ERF-3 funds until June 30, 2024 or until funds were exhausted; and
WHEREAS, the City’s proposal for ERF funding submitted in June 2024 was approved to be awarded and will support the City’s Camp2Home initiative in tackling homelessness with the focus of non-congregate shelter, congregate shelter, and permanent housing in a grant amount of $5,757,847; and
WHERAS, the City has identified the ERF-3-R funding program as an opportunity to address concerns caused by the encampments to transition unhoused individuals into safe and stable housing; and
#5..
- 92 -
06/10/2025/CED/EGarcia/Item X 2 2025-XX
WHEREAS, this proposal includes financial support for personnel and equipment for the City’s Modesto Police Department through the Community Health and Assistance Team (CHAT) to perform street outreach and associated services on State Route 132, nearby areas, and other key State Right of Ways; and
WHEREAS, the City will partner with the Modesto Gospel Mission to support the operations of bridge housing, meal services, and wrap-around support services for clients; and
WHEREAS, the City will also partner with The Salvation Army for critical case management services and referral services to the program participants to help improve exits to housing; and
WHEREAS, ERF will also support permanent housing subsidies to help support individuals with their transition from bridge housing and shelter to housing; and WHEREAS, ERF also includes funds for City staff to provide oversight of the program; and
WHEREAS, the grant award is for a total of $5,757,847 to further the City’s Camp2Home initiative through key partnerships and critical services with the Modesto Gospel Mission, The Salvation Army, and the provision of permanent housing subsidies; and
WHEREAS, $1,491,967 of the grant will be provided to the Modesto Gospel Mission to support the operations of non-congregate shelter units at the 1530 Owens Drive project, including meal services, access to bathrooms, showers and laundry services, storage, access to supportive services/linkages, and security services. #5..
- 93 -
06/10/2025/CED/EGarcia/Item X 3 2025-XX
WHEREAS, of $669,167 of the grant will be provided to the Salvation Army to support ongoing operations of the Berberian Shelter.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Agreement with the State of California Department of Housing and Community Development for the acceptance of Encampment Resolution Funding in the amount of $5,757,847.

BE IT FURTHER RESOLVED, that the City Manager is authorized to execute agreements and submit applicable documents as required by the State.

BE IT FURTHER RESOLVED, that the City Manager is authorized to negotiate and execute agreements for the allocation of subawards to Modesto Gospel Mission for $1,491,967 and Salvation Army for $669,167 to carry out the provisions of this Resolution.
#5..
- 94 -
06/10/2025/CED/EGarcia/Item X 4 2025-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 10th day of June, 2025 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..
- 95 -
06/10/2025/CED/EGarcia/Item X 1 2025-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2025-
RESOLUTION AMENDING THE FISCAL YEAR 2024-25 ANNUAL

OPERATING AND NON-CAPITAL PROJECT FUND BUDGETS TO

ESTABLISH THE REVENUE, EXPENDITURES, AND TRANSFERS
FOR PROJECT #101663 IN THE AMOUNT OF $5,757,847 TO

APPROPRIATE THE FUNDS FOR THE ENCAMPMENT RESOLUTION

FUNDING PROGRAM AND AUTHORIZING THE CITY MANAGER,

TO TAKE THE NECESSARY STEPS TO IMPLEMENT THE

PROVISIONS OF THIS RESOLUTION
WHEREAS, the Encampment Resolution Funding (ERF) Program was created to fund actionable, person-centered local proposals that resolve the experience of unsheltered homelessness for people residing in encampments; and WHEREAS, the City applied for ERF in June 2024 funding to support the encampment population; and
WHEREAS, in December 2024, the City was notified that the City was awarded $5,757,847 to support the City’s Camp2Home initiative in tackling homelessness with focus of outreach, bridge housing, and shelter; and
WHEREAS, the funding is broken down for the following activities: Modesto Gospel Mission, The Salvation Army, Community Health and Assistance Team, Permanent Housing, and City of Modesto Administration; and WHEREAS, a financial analysis has been completed and it has been determined that a budget adjustment is required to the Annual Operating Fund Budgets to establish the revenue, expenditures, and transfers for Project #101663 – Encampment Resolution Funding (ERF) in the amount of $5,757,847 to appropriate funds.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves amending the Fiscal Year 2024-25 Annual Operating and Non- #5..
- 96 -
06/10/2025/CED/EGarcia/Item X 2 2025-XX
Capital Project budgets to establish the revenue, expenditures, and transfers for the encampment resolution funding program.

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. #5..
- 97 -
06/10/2025/CED/EGarcia/Item X 3 2025-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 10th day of June 2025, 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
#5..
- 98 -

2. The term of this Agreement is:
#5..
- 99 -
#5..
- 100 -
City of Modesto
24-ERF-4-L-10016

EXHIBIT A
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 11/19/2024
Prep. Date: 01/27/2025

AUTHORITY, PURPOSE, AND SCOPE OF WORK

1. Authority
The State of California has established the Encampment Resolution Funding Program (“ERF” or “Program”) pursuant to Chapter 7 (commencing with Section 50250) of Part 1 of Division 31 of the Health and Safety Code. ERF was amended by AB 166 (Statutes of 2024, Chapter 48, Sec.14-15, effective July 2, 2024).

The Program is administered by the California Department of Housing and Community Development (“HCD”) in the Business, Consumer Services and Housing Agency (“Agency”). ERF provides one-time, competitive grant funds to Continuums of Care and / or Local Jurisdictions as defined below. To date, there have been three previous rounds of the Encampment Resolution Funding Program. This Standard Agreement governs the Lookback Disbursement in Round 4 of the ERF Program (“ERF-4-L”). For this Standard Agreement, ERF-4-L is synonymous with “ERF” or “Program” and refers to programs and grantees under Health and Safety Code 50252.1(b).

This Standard Agreement along with all its exhibits (“Agreement”) is entered into by HCD and a Continuum of Care or a Local Jurisdiction (“Grantee”) under the authority of, and in furtherance of, the purpose of the Program. In signing this Agreement and thereby accepting this award of funds, the Grantee agrees to comply with the terms and conditions of this Agreement, the Notice of Funding Availability (“NOFA”) dated November 27, 2023, under which the Grantee applied, the representations contained in the Grantee’s application, HCD guidance or directives, and the requirements appearing in the statutory authority for the Program cited above.

2. Purpose
As stated in the NOFA, the Program’s objective is to fund actionable, person-centered local proposals that resolve the experience of unsheltered homelessness for people residing in encampments. Resolving these experiences of homelessness will necessarily address the safety and wellness of people within encampments, resolve critical encampment concerns, and transition individuals into interim shelter with clear pathways to permanent housing or directly into permanent housing, using data informed, non-punitive, low-barrier, person-centered, Housing First, and coordinated approaches. These projects must comply with the principles of Housing First as defined in Welfare and Institutions Code section 8255. Proposals may bolster existing, successful models and/or support new approaches that provide safe stable, and ultimately permanent housing for people experiencing homelessness in encampments.

Expenditures shall be consistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments. #5..
- 101 -
City of Modesto
24-ERF-4-L-10016

EXHIBIT A
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 11/19/2024
Prep. Date: 01/27/2025

3. Definitions
The following Encampment Resolution Funding Program terms are defined in accordance with Health and Safety Code section 50250, Subdivisions (a) – (m); (a) “Additional funding round moneys” means moneys appropriated for the program in or after fiscal year 2022–23.
(b) “Agency” means the Business, Consumer Services, and Housing Agency. (c) “Applicant” means a continuum of care or local jurisdiction. (d) “Continuum of Care” has the same meaning as in Section 578.3 of Title 24 of the Code of Federal Regulations.
(e) (1) Subject to paragraph (2), ”council,” unless context requires otherwise, means the California Interagency Council on Homelessness, previously known as the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code.
(2) Unless context requires otherwise, “council,” with respect to the administration of this chapter on or after the effective date of the act adding this paragraph, means the department.
(f) “County” includes, but is not limited to, a city and county. (g) “Department” means the California Department of Housing and Community Development.
(h) “Funding round 1 moneys” means moneys appropriated for the program in fiscal year 2021–22.
(i) “Homeless” has the same meaning as in Section 578.3 of Title 24 of the Code of Federal Regulations.
(j) “Local Jurisdiction” means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county. (k) “Program” means the Encampment Resolution Funding program established pursuant to this chapter.
(l) “Recipient” means an applicant that receives grant funds from HCD for the purposes of the program.
#5..
- 102 -
City of Modesto
24-ERF-4-L-10016

EXHIBIT A
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 11/19/2024
Prep. Date: 01/27/2025
(m)“State right-of-way” means real property held in title by the State of California.

Additional definitions for the purposes of ERF program:
“Grantee” is a Continuum of Care or a Local Jurisdiction that receives grant funds from HCD for the purposes of the program. Grantee is synonymous with “Recipient.” “Subrecipients” or “Subgrantees” are entities that receive subawards from “Recipients” or “Grantees” to carry out part of the Program.
“Expended” means all ERF funds obligated under contract or subcontract that have been fully paid and receipted, and no invoices remain outstanding. “Obligate” means that the Grantee has placed orders, awarded contracts, received services, or entered into similar transactions that require payment using ERF funding.

Grantees must expend and obligate the funds by the statutory deadlines set forth in this Exhibit A.

4. Scope of Work
This Scope of Work identifies the terms and conditions necessary to accomplish the Program’s intended objectives.

As detailed in Exhibit A.2, the Program’s objective is to fund grantees to implement actionable, person-centered local proposals that resolve the experience of unsheltered homelessness for people residing in encampments.

Grantees will implement their ERF funded local proposals in compliance with the terms and conditions of this Agreement, the NOFA under which the Grantee applied, the representations contained in the Grantee’s application, HCD guidance and directives, and the requirements per the authorizing statute.

Expenditures shall be consistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments.

Permissible eligible uses and activities are detailed below in Exhibit B, Budget Details and Payment Provisions.

Grantees are expected to be close partners with HCD. This means timely and accurate reporting, candid communication of successes and challenges, and availability of persons, information, or materials.
#5..
- 103 -
City of Modesto
24-ERF-4-L-10016

EXHIBIT A
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 11/19/2024
Prep. Date: 01/27/2025
Quarterly reporting requirements are detailed below in Exhibit D.4, Reporting, Evaluation, and Audits.

Fiscal deadlines are detailed below in Exhibit A.6, Effective Date, Term of Agreement, and Deadlines.

Grantees shall complete a Final Work Product (as detailed below in Exhibit A.6.D) and participate in a program evaluation regarding their implementation of ERF awards. To support this effort, HCD will make Technical Assistance available.

HCD maintains sole authority to determine if a Grantee is acting in compliance with the program objectives and may direct Grantees to take specified actions or risk breach of this Agreement. Grantees will be provided reasonable notice and HCD’s discretion in making these determinations are absolute and final.

5. HCD Contract Coordinator
HCD’s Contract Coordinator for this Agreement is HCD’s Grant Program Design Section Chief or the Grant Program Design Section Chief’s designee. Unless otherwise instructed, any communication shall be conducted through email to the HCD Contract Coordinator or their designee. If documents require an original signature, the strongly preferred form is an e-Signature in accordance with the Uniform Electronic Transactions Act (UETA). If an Awardee is unwilling or unable to sign a document electronically, HCD shall accept wet or original signed documents. These documents containing wet signatures should be both mailed to HCD and scanned and emailed as instructed. State law or policy may require the use of wet signatures for specific documents. The Representatives during the term of this Agreement will be:

PROGRAM GRANTEE
ENTITY: California Department of Housing
and Community Development City of Modesto
SECTION/UNIT: Policy and Program Support
ADDRESS: 651 Bannon Street, Suite 400
Sacramento, CA, 95811
PO Box 642, Modesto, CA
95354

CONTRACT
COORDINATOR Sarah Poss Edgar Garcia
#5..
- 104 -
City of Modesto
24-ERF-4-L-10016

EXHIBIT A
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 11/19/2024
Prep. Date: 01/27/2025
PHONE
NUMBER: (916) 890-8970 (209) 571-5101
EMAIL
ADDRESSES:

[email protected].
gov
[email protected]
[email protected]
The Department reserves the right to change their HCD Contract Coordinator, designee, contract administering entity, and / or contact information at any time with reasonable notice to the Grantee.

All requests to update the Grantee information listed within this Agreement shall be emailed to the HCD grant’s general email box at
[email protected].

Notice to either party may be given by email. Such notice shall be effective when received as indicated on email. Changes to the HCD Contract Coordinator, designee, and / or contact information or grantee information can be made without a formal amendment.

6. Effective Date, Term of Agreement, and Deadlines
A. This Agreement is effective upon execution by HCD, which includes signature from the Grantee and HCD. This is indicated by the HCD provided signature and date on the second page of the accompanying STD 213, Standard Agreement.

B. Performance shall start no later than 30 days, or on the express date set by HCD and the Grantees, after all approvals have been obtained and the Grant Agreement is fully executed. Should the Grantee fail to commence work at the agreed upon time, HCD, upon five (5) days written notice to the grantee, reserves the right to terminate the Agreement.

C. Grantees will continue to perform until the Agreement is terminated, including data reporting and participation in program evaluation activities, as needed.

D. This Agreement will terminate on April 15, 2029.

Grantees shall submit a Final Work Product by April 1, 2028. The Final Work Product will include programmatic and fiscal data and a narrative on the outputs and outcomes of the program on a reporting template to be provided by HCD.

#5..
- 105 -
City of Modesto
24-ERF-4-L-10016

EXHIBIT A
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 11/19/2024
Prep. Date: 01/27/2025
HCD will review submitted Final Work Products and collaborate with Grantees to cure any deficiencies by April 15, 2029.

Grantees are expected to continue performing until April 15, 2029. This means timely and accurate reporting, candid communication of success or shortcomings, and availability of persons, information, or materials.

E. Expenditure and Obligation Deadlines:
1) Grantees shall expend no less than 50 percent and obligate 100 percent of Program funds by June 30, 2026.
2) Grantees that have not obligated 100 percent of their Program funds by June 30, 2026, shall submit an alternative disbursement plan to HCD for approval no later than July 30, 2026. This alternative disbursement plan should detail the explanation for the delay and plans for all future obligations and expenditures.
3) Grantees not meeting the requirements outlined in paragraph (2) above may be subject to additional corrective action, as determined by HCD. 4) All Program funds (100 percent) shall be expended by June 30, 2027.

Any funds not expended by this date shall revert to the fund of origin pursuant to HSC Section 50253(d)(5).

#5..
- 106 -
City of Modesto
24-ERF-4-L-10016

EXHIBIT B
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 11/19/2024
Prep. Date: 01/27/2025

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Payee
Name: City of Modesto Amount: $ 5,757,847.00

2. General Conditions Prior to Disbursement
All Grantees must submit the following completed forms prior to ERF being released:

A. Request for Funds Form (“RFF”)
B. STD 213 Standard Agreement form and Exhibits A, B, D and E C. STD 204 Payee Data Record or Government Agency Taxpayer ID Form

3. Disbursement of Funds
ERF will be disbursed to the Grantee in one allocation upon receipt, review and approval of the completed Standard Agreement and RFF by HCD.

The RFF must include the proposed eligible uses and the amount of funds proposed to be expended.

4. Budget Details and Expenditure of Funds
The Grantee shall expend Program funds on eligible uses and activities as detailed in the submitted, approved budget. HCD reserves the right to direct specific line-item changes in the originally submitted Application budget or subsequently submitted budgets.

A. Budget Changes
1) Process:

Budget modification requests should be made as part of the quarterly report process. These requests will be reviewed in the first week after quarterly reports are received. HCD may consider budget change requests outside of this process, through email as needed due to documented, exigent circumstances. Grantees carry the burden to anticipate foreseeable budget change requests and should plan accordingly.
#5..
- 107 -
City of Modesto
24-ERF-4-L-10016

EXHIBIT B
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 11/19/2024
Prep. Date: 01/27/2025
HCD reserves the right to amend or adjust this process as necessary. 2) Conditions requiring a budget modification request:

Changes may be made to the timing (e.g., fiscal year) of eligible use expenditures without prior approval by HCD so long as the total expenditures (actual and projected) for each eligible use category remain the same as approved in the standardized budget and align with the expenditure deadlines expressed in statute.

Any decrease or increase to the total expenditures for any eligible use category must be approved by HCD’s Grant Program Design Section Chief or their designee, in writing, before the Grantee may expend Program funds according to an alternative standardized
budget. The Grants Program Design Section Chief will respond to Grantee with approval or denial of request. Failure to obtain written approval from HCD before implementation of a programmatic or fiscal change as required by this section may be considered a breach of this Agreement. A breach of this agreement may result in remedies listed below in Exhibit D.6, Breach and Remedies.

Regardless of an increase or decrease of an expenditure amount, any significant or material programmatic or fiscal change shall be submitted to HCD for prior approval.

B. Eligible Uses
Eligible uses and activities must be consistent with HSC Sections 50250 – 50254.5, other applicable laws, the terms and conditions of this Agreement, HCD guidance or directives, the NOFA under which the Grantee applied, representations contained in the Grantee’s application, and the Purpose of the Program as detailed in Exhibit A.2, Purpose.

Eligible uses and activities include, but are not limited to, the following:

Rapid Rehousing: Rapid rehousing, including housing identification services, rental subsidies, security deposits, incentives to landlords, and holding fees for eligible persons, housing search assistance, case management and facilitate access to other community-based services.

Operating Subsidies: Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, and navigation centers. Operating subsidies may include operating reserves.
#5..
- 108 -
City of Modesto
24-ERF-4-L-10016

EXHIBIT B
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 11/19/2024
Prep. Date: 01/27/2025
Street Outreach: Street outreach to assist eligible persons to access crisis services, interim housing options, and permanent housing and services.

Services Coordination: Services coordination, which may include access to workforce, education, and training programs, or other services needed to improve and promote housing stability for eligible persons, as well as direct case management services being provided to persons.

Systems Support: Systems support for activities that improve, strengthen, augment, complement, and/or are necessary to create regional partnerships and a homeless services and housing delivery system that resolves persons’ experiences of unsheltered homelessness.

Delivery of Permanent Housing: Delivery of permanent housing and innovative housing solutions, such as unit conversions that are well suited for eligible persons.

Prevention and Shelter Diversion: Prevention and shelter diversion to permanent housing, including flexible forms of financial assistance, problem solving assistance, and other services to prevent people that have been placed into permanent housing from losing their housing and falling back into unsheltered homelessness. This category is only available to serve people who were formerly residing in the prioritized ERF encampment site.

Interim Sheltering: Interim sheltering, limited to newly developed clinically enhanced congregate shelters, new or existing non-congregate shelters, and operations of existing navigation centers and shelters based on demonstrated need that are well suited for eligible persons.

Improvements to Existing Emergency Shelters: Improvements to existing emergency shelters to lower barriers, increase privacy, better address the needs of eligible persons, and improve outcomes and exits to permanent housing.

Administration: up to 5% of awarded Program funds may be applied to administrative costs.

Program funds shall not be expended on Site Restoration or other Ineligible Costs as detailed immediately below.
#5..
- 109 -
City of Modesto
24-ERF-4-L-10016

EXHIBIT B
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 11/19/2024
Prep. Date: 01/27/2025

5. Ineligible Costs
ERF shall not be used for costs associated with activities in violation, conflict, or inconsistent with Health and Safety Code sections 50250 – 50254.5, other applicable laws, the terms and conditions of this Agreement, HCD guidance or directives, the NOFA under which the Grantee applied, representations contained in the Grantee’s application, and the Purpose of the Program as detailed in Exhibit A.2, Purpose.

Moreover, no parties to this contract nor their agents shall directly or indirectly use ERF awards for any use or activity that is in violation, conflict, or inconsistent with the legislative intent of the authorizing statute to ensure the safety and wellness of people experiencing homelessness in encampments. ERF funded activities that cause a traumatic effect are inconsistent with ensuring the safety and wellness of people experiencing homelessness in encampments.

HCD, at its sole and absolute discretion, shall make the final determination regarding the allowability of ERF expenditures.

HCD reserves the right to request additional clarifying information to determine the reasonableness and eligibility of all uses of the funds made available by this Agreement. If the Grantee or its funded subrecipients use ERF funds to pay for ineligible activities, the Grantee shall be required to reimburse these funds to HCD at an amount and timeframe determined by HCD.

An expenditure which is not authorized by this Agreement, or by written approval of HCD, or which cannot be adequately documented, shall be disallowed, and must be reimbursed to HCD by the Grantee at an amount and timeframe determined by HCD.

Program funds shall not be used to supplant existing local funds for homeless housing, assistance, prevention, or encampment resolution.

Unless expressly approved by HCD in writing reimbursements are not permitted for any Program expenditures prior to this Agreement’s date of execution. #5..
- 110 -
City of Modesto
24-ERF-4-L-10016

EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 11/19/2024
Prep. Date: 01/27/2025

ERF GENERAL TERMS AND CONDITIONS

1. Termination and Sufficiency of Funds
A. Termination of Agreement
HCD may terminate this Agreement at any time for cause by giving a minimum of 14 days’ notice of termination, in writing, to the Grantee. Cause shall consist of violations of any conditions of this Agreement, violation of any federal or state laws; or withdrawal of HCD’s expenditure authority as described in Exhibit D, Breach and Remedies. Upon termination of this Agreement, unless otherwise approved in writing by HCD, any unexpended funds received by the Grantee shall be returned to HCD within 30 days of HCD’s specified date of termination.

B. Sufficiency of Funds
This Agreement is valid and enforceable only if sufficient funds are made available to HCD by legislative appropriation. In addition, this Agreement is subject to any additional restrictions, limitations or conditions, or statutes, regulations, or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or State of California governments, which may affect the provisions, terms or funding of this Agreement in any manner.

2. Transfers
Grantee may not transfer or assign by subcontract or novation, or by any other means, the rights, duties, or performance of this Agreement or any part thereof, except as allowed within Exhibit D.12, Special Conditions – Grantees/Subgrantee or with the prior written approval of HCD and a formal amendment to this Agreement to affect such subcontract or novation.

3. Grantee’s Application for Funds
Grantee submitted a standardized budget to HCD as part of their application for the Program.

Grantee warrants that all information, facts, assertions and representations contained in the application and approved modifications and additions thereto are true, correct, and complete to the best of the Grantee’s knowledge. In the event that any part of the application, or any approved modification or addition thereto is untrue, incorrect, incomplete, or misleading in such a manner that would substantially affect HCD approval, disbursement, or monitoring of the funding and the grants or activities #5..
- 111 -
City of Modesto
24-ERF-4-L-10016

EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 11/19/2024
Prep. Date: 01/27/2025
governed by this Agreement, then HCD may declare a breach of this Agreement and take such action or pursue such remedies as are legally available.

4. Reporting, Evaluation, and Audits
A. Reporting Requirements
1) Timing and Format of Reports.

Grantee is required to provide HCD or its agents with all data and outcomes that may inform an assessment of the funded proposal.

Grantees shall report quarterly, annually, and have one Final Work Product submitted prior to this Agreement’s termination.

The quarterly, annual, and Final Work Product reports shall be submitted on a template to be provided by HCD at least 90 days prior to the first reporting deadline. HCD may request interim reports as needed and will provide no less than 30 days’ notice to Grantees.
2) Required Data
Grantees will be required to provide, at minimum:
a) Outreach and service path data at the anonymized, individual level. b) Current housing status of persons served in the aggregate. c) Status of funding as presented in the HCD approved, standardized budget.
d) Continued confirmation that projects receiving ERF funds are populated timely into HMIS and use HCD supplied funding codes.

HCD’s discretion in identifying which information shall be included in these reports is final. Grantees shall also report information in the form and manner required by HCD. Failure to comply will be considered a breach.

Pursuant to HSC Section 50254.5, grantees shall provide data elements, including, but not limited to, health information, in a manner consistent with state and federal law, to their local Homeless Management Information System for tracking in the statewide Homeless Data Integration System.

Pursuant to HSC Section 50254.5(b)(2)(C), Grantees shall report individual, client-level data for persons served by grant funding to HCD, in addition to any data reported through local Homeless Management #5..
- 112 -
City of Modesto
24-ERF-4-L-10016

EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 11/19/2024
Prep. Date: 01/27/2025
Information System, as required by HCD for the purposes of research and evaluation of grant performance, service pathways, and outcomes for people served.

Grantees shall comply with the data entry requirements of AB 977, located at Welfare and Institutions Code section 8256(d).
3) HCD usage of Reports
Pursuant to HSC Section 50254.5(b)(2)(D), HCD may use information reported directly from grantees and through statewide Homeless Data Integration System for the purposes of research and evaluation of grant performance, service pathways, and outcomes for people served. 4) Failure to Report
If the Grantee fails to provide any such report, HCD may recapture any portion of the amount authorized by this Agreement with a 14-day written notification.

B. Evaluation
1) At HCD’s discretion, Grantees shall participate in a program evaluation regarding their implementation of ERF awards. To support this effort, HCD will contract a third party to complete the evaluation. 2) Grantees are expected to be close partners with HCD for this program evaluation and for all evaluative aspects of this Program. This means timely and accurate reporting, candid communication of successes or challenges, and availability of persons, information, or materials. More specifically, Grantees must cooperate with HCD, or its designee as reasonably required to implement an evaluation plan. This includes providing or facilitating the collection of data and materials as reasonably requested by HCD or its designee.
3) For the purpose of evaluation, HCD or its designee may visit sites related to the project and film, tape, photograph, interview, and otherwise document Grantee’s operations during normal business hours and with reasonable advance notice.
4) Grantees should maintain active data, documents, and filings in anticipation of this evaluation. Special care should be taken to organize #5..
- 113 -
City of Modesto
24-ERF-4-L-10016

EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 11/19/2024
Prep. Date: 01/27/2025
and preserve internal work products that guided implementation by the Grantee or subgrantee.
5) Grantees shall notify HCD and provide copies of any reports or findings if Grantee conducts or commissions any third-party research or evaluation regarding their funded project.
6) All terms and conditions that apply to reporting similarly apply to evaluation.

C. Auditing
HCD reserves the right to perform or cause to be performed a financial audit. At HCD request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. Should an audit be required, the Grantee shall adhere to the following conditions:
1) The audit shall be performed by an independent certified public accountant.

2) The Grantee shall notify HCD of the auditor’s name and address immediately after the selection has been made. The contract for the audit shall allow access by HCD to the independent auditor’s working papers. 3) The Grantee is responsible for the completion of audits and all costs of preparing audits.
4) If there are audit findings, the Grantee must submit a detailed response acceptable to HCD for each audit finding within 90 days from the date of the audit finding report.

5. Inspection and Retention of Records
A. Record Inspection
HCD or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance under this Agreement.

The Grantee agrees to provide HCD, or its designee, with any relevant information requested within 30 days of a written request.

The Grantee agrees to give HCD or its designee access to its premises, upon reasonable notice and during normal business hours, for the purpose of interviewing employees who might reasonably have information related to such #5..
- 114 -
City of Modesto
24-ERF-4-L-10016

EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 11/19/2024
Prep. Date: 01/27/2025
records, and of inspecting and copying such books, records, accounts, and other materials that may be relevant to an investigation of compliance with the ERF laws, HCD guidance or directives, and this Agreement.

B. Record Retention
The Grantee further agrees to retain all records described in subparagraph A for a minimum period of five (5) years after the termination of this Agreement.

If any litigation, claim, negotiation, audit, monitoring, inspection, or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it.

C. Public Records Act
The grantees’ final ERF-4-L application, this contract, and other documents related to the grant are considered public records, which are available for public viewing pursuant to the California Public Records Act Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code.

6. Breach and Remedies
A. Breach of Agreement
Breach of this Agreement includes, but is not limited to, the following events:
1) Grantee’s failure to comply with the terms or conditions of this Agreement.
2) Use of, or permitting the use of, Program funds provided under this Agreement for any ineligible activities.
3) Any failure to comply with the deadlines set forth in this Agreement.

B. Remedies for Breach of Agreement
In addition to any other remedies that may be available to HCD in law or equity for breach of this Agreement, HCD may:
1) Conduct program monitoring which will include a Corrective Action Plan (CAP) with findings, remedies, and timelines for resolving the findings. #5..
- 115 -
City of Modesto
24-ERF-4-L-10016

EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 11/19/2024
Prep. Date: 01/27/2025
2) Bar the Grantee from applying for future ERF funds.
3) Revoke any other existing ERF award(s) to the Grantee. 4) Require the return of any unexpended ERF funds disbursed under this Agreement.
5) Require repayment of ERF funds disbursed and expended under this Agreement.
6) Require the immediate return to HCD of all funds derived from the use of ERF.
7) Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or participation in the technical assistance in accordance with ERF requirements.

C. All remedies available to HCD are cumulative and not exclusive.

D. HCD may give written notice to the Grantee to cure the breach or violation within a period of not less than 14 days.

7. Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of HCD to enforce at any time the provisions of this Agreement, or to require at any time performance by the Grantee of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of HCD to enforce these provisions.

8. Nondiscrimination
During the performance of this Agreement, Grantee and its subrecipients shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital status, military and veteran status, denial of medical and family care leave or pregnancy disability leave, or any other characteristic protected by state or federal law.

Grantees and Sub grantees shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subrecipients shall comply with the provisions #5..
- 116 -
City of Modesto
24-ERF-4-L-10016

EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 11/19/2024
Prep. Date: 01/27/2025
of California’s laws against discriminatory practices relating to specific groups: the California Fair Employment and Housing Act (FEHA) (Gov. Code, Section 12900 et seq.); the regulations promulgated thereunder (Cal. Code Regs., tit. 2, Section 11000 et seq.); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, Section 11135 - 11139.5). Grantee and its subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

9. Conflict of Interest
All Grantees are subject to state and federal conflict of interest laws. Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Additional applicable statutes include, but are not limited to, Government Code Section 1090 and Public Contract Code Sections 10410 and 10411.

A. Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent Grantee with any State agency to provide goods or services.

B. Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelvemonth period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service.

C. Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the Political Reform Act of 1974 (Gov. Code, Section 81000 et seq.).

D. Representatives of a County: A representative of a County serving on a board, committee, or body with the primary purpose of administering funds or making #5..
- 117 -
City of Modesto
24-ERF-4-L-10016

EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 11/19/2024
Prep. Date: 01/27/2025
funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the County.

10. Drug-Free Workplace Certification
Certification of Compliance: By signing this Agreement, Grantee hereby certifies, under penalty of perjury under the laws of State of California, that it and its subrecipients will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, Section 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions:

Publish a statement notifying employees and subrecipients that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, Grantees, or subrecipients for violations, as required by Government Code Section 8355, subdivision (a)(1).

A. Establish a Drug-Free Awareness Program, as required by Government Code Section 8355, subdivision (a)(2) to inform employees, Grantees, or subrecipients about all of the following:
1) The dangers of drug abuse in the workplace.
2) Grantee’s policy of maintaining a drug-free workplace. 3) Any available counseling, rehabilitation, and employee assistance program.
4) Penalties that may be imposed upon employees, Grantees, and subrecipients for drug abuse violations.

B. Provide, as required by Government Code Section 8355, subdivision (a)(3), that every employee and/or subrecipient that works under this Agreement:
1) Will receive a copy of Grantee’s drug-free policy statement, and 2) Will agree to abide by terms of Grantee’s condition of employment or subcontract.
#5..
- 118 -
City of Modesto
24-ERF-4-L-10016

EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 11/19/2024
Prep. Date: 01/27/2025

11. Child Support Compliance Act
For any Contract Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code 7110, that:

A. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code; and
B. The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

12. Special Conditions – Grantees/Subgrantee
The Grantee agrees to comply with all conditions of this Agreement including the Special Conditions set forth in Exhibit E. These conditions shall be met to the satisfaction of HCD prior to disbursement of funds. The Grantee shall ensure that all Subgrantees are made aware of and agree to comply with all the conditions of this Agreement and the applicable State requirements governing the use of ERF. Failure to comply with these conditions may result in termination of this Agreement.

A. The Agreement between the Grantee and any Subgrantee shall require the Grantee and its Subgrantees, if any, to:
1) Perform the work in accordance with Federal, State and Local housing and building codes, as applicable.
2) Maintain at least the minimum State-required worker’s compensation for those employees who will perform the work or any part of it. 3) Maintain, as required by law, unemployment insurance, disability insurance, and liability insurance in an amount that is reasonable to compensate any person, firm or corporation who may be injured or damaged by the Grantee or any Subgrantee in performing the Work or any part of it.
4) Agree to include and enforce all the terms of this Agreement in each subcontract.
#5..
- 119 -
City of Modesto
24-ERF-4-L-10016

EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 11/19/2024
Prep. Date: 01/27/2025

13. Compliance with State and Federal Laws, Rules, Guidelines and Regulations The Grantee agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, land use, homelessness, housing element, fair housing, and all other matters applicable and/or related to the ERF program, the Grantee, its subrecipients, and all eligible activities.

Grantee shall also be responsible for obtaining any and all permits, licenses, and approvals required for performing any activities under this Agreement, including those necessary to perform design, construction, or operation and maintenance of the activities. Grantee shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental protection, procurement, and safety laws, rules, regulations, and ordinances. Grantee shall provide copies of permits and approvals to HCD upon request.

14. Inspections
A. Grantee shall inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement.

B. HCD reserves the right to inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement.

C. Grantee agrees to require that all work that is determined based on such inspections not to conform to the applicable requirements be corrected and to withhold payments to the subrecipient until it is corrected.

15. Litigation
A. If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of HCD, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are and shall be deemed severable.

B. The Grantee shall notify HCD immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or HCD, and shall take #5..
- 120 -
City of Modesto
24-ERF-4-L-10016

EXHIBIT D
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 11/19/2024
Prep. Date: 01/27/2025
such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of HCD.
#5..
- 121 -
City of Modesto
24-ERF-4-L-10016

EXHIBIT E
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 11/19/2024
Prep. Date: 01/27/2025

SPECIAL TERMS AND CONDITIONS

1. All proceeds from any interest-bearing account established by the Grantee for the deposit of funds, along with any interest-bearing accounts opened by subrecipients to the Grantee for the deposit of funds, must be used for eligible activities. Grantees must maintain records of all expenditures of the proceeds from these interest-bearing accounts for five (5) years and report on these expenditures as required by HCD. HCD reserves the right to perform or cause to be performed a financial audit on the use of proceeds from interest bearing accounts.

2. Grantee shall utilize its local Homeless Management Information System (HMIS) to track ERF projects, services, and clients served. Grantee will ensure that HMIS data are collected in accordance with applicable laws and in such a way as to identify individual projects, services, and clients that are supported by funding (e.g., by creating appropriate ERF-specific funding sources and project codes in HMIS).

3. Grantee shall participate in and provide data elements, including, but not limited to, health information, in a manner consistent with federal law, to their local Homeless Management Information System for tracking in the statewide Homeless Data Integration System, in accordance with their existing Data Use Agreement entered into with the Council, if any, and as required by Health and Safety Code Section 50254.5.

Any health information provided to, or maintained within, the statewide Homeless Management Information System shall not be subject to public inspection or disclosure under the California Public Records Act. For purposes of this paragraph, “health information” means “protected health information,” as defined in Part 160.103 of Title 45 of the Code of Federal Regulations, and “medical information,” as defined in subdivision (j) of Section 56.05 of the Civil Code. The Council or HCD may, as required by operational necessity, amend or modify required data elements, disclosure formats, or disclosure frequency. Additionally, the Council, at its discretion, may provide Grantee with aggregate reports and analytics of the data Grantee submits to HDIS in support of the Purpose of this Agreement and the existing Data Use Agreement.

4. Grantee agrees to accept technical assistance as directed by HCD or by a contracted technical assistance provider acting on behalf of HCD. Grantee will report to HCD on programmatic changes the Grantee will make as a result of the technical assistance and in support of their grant goals.

5. Grantee should establish a mechanism for people with lived experience of homelessness to have meaningful and purposeful opportunities to inform and shape all levels of planning and implementation, including through opportunities to hire people with lived experience.
#5..
- 122 -
City of Modesto
24-ERF-4-L-10016

EXHIBIT E
Program Name: Encampment Resolution Funding Program “ERF” NOFA Date: November 27, 2023
Approved Date: 11/19/2024
Prep. Date: 01/27/2025

6. HCD maintains sole authority to determine if a Grantee is acting in compliance with the program objectives and may direct Grantees to take specified actions or risk breach of this Agreement. Per HSC Section 50252.1(d), HCD has authority to:

A. Monitor grantee performance.

B. Require a grantee not meeting goals to accept technical assistance from the Department.

C. Limit the allowable uses of program funds for a grantee that is not meeting goals.

7. Grantees will be provided reasonable notice and HCD’s discretion in making these determinations are absolute and final.

8. Non-Bond Funded
The Department represents that the intent of Exhibit D.1.B, Sufficiency of Funds is only to preserve the legislature’s ability to make changes to appropriations and matters that are lawfully subject to change through the Budget Act. The Department represents and warrants that as of the date of this Agreement the non-bond funds referenced in the Encampment Resolution Funding Program, Round 3 Notice of Funding Application dated November 27, 2023, for this Agreement are appropriated to and available for the purposes of this Agreement, and further, that upon execution of this Agreement said funds are deemed allocated to and encumbered for the purposes described in this Agreement and shall not be terminated or reduced as a result of Exhibit D.1.B, Sufficiency of Funds once construction has commenced in compliance with Program requirements and in accordance with the construction commencement requirements within this Agreement. If not continuously appropriated, said funds must still be disbursed prior to any applicable disbursement or expenditure deadline set forth in this Agreement.
#5..
- 123 -
1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MODESTO AND

MODESTO GOSPEL MISSION REGARDING BRIDGE HOUSING PROGRAM This Memorandum of Understanding Regarding Bridge Housing Program (this “MOU” or “Agreement”) is entered into as of ___________, 2025 (the “Effective Date”), between the City of Modesto, a California charter city (“City”) and Modesto Gospel Mission, a California nonprofit religions corporation (“MGM”), each individually referred to as a “Party” and collectively referred to as the “Parties”.

WHEREAS, as part of its efforts to reduce homelessness in the community, the City desires to facilitate the establishing of bridge housing sites throughout the City of Modesto; and WHEREAS, bridge housing, often referred to as non-congregate shelter options, is typically the first level of housing for individuals who are transitioning out of homelessness, and generally consists of small temporary manufactured homes; and
WHEREAS, on November 7, 2023, the City Council approved the allocation of funding for the infrastructure costs of the new bridge housing sites, and the City solicited organizations interested in hosting the bridge housing sites on their property; and WHEREAS, MGM desires to host a 12-unit bridge housing site on its property (the “Bridge Housing Site”), and MGM is experienced in operating other programs for individuals who are homeless or at risk of homelessness; and
WHEREAS, the City will, through contractors or third parties, install the bridge housing units and related infrastructure; and
WHERAS, MGM will operate the bridge housing site and provide services to residents of the site; and
WHEREAS, the Parties desire to enter into this MOU to establish the duties and responsibilities of each Party with regard to the bridge housing sites.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

1. Term of Agreement.

The term of this Agreement shall commence on the Effective Date and shall terminate three (3) years following the commencement of operation of the Bridge Housing Site, as defined in Section 3 below.

2. Bridge Housing Site.
#5..
- 124 -
2 A. Location. MGM shall operate the Bridge Housing Site, as further specified herein, on the vacant lot located at 1530 Owens Drive, Modesto, California 95354 (the “Property”). The Property is owned by MGM.

B. Site Plan. The Bridge Housing Site shall consist of twelve (12) units, and one (1) restroom unit (collectively, the Units), and related improvements. Eleven (11) of the Units will be approximately 70 square feet and will contain one bed, one desk, and one small air conditioning unit. One (1) of the Units will be an accessible unit with an in-unit restroom and shower. The Bridge Housing Site will also include necessary water, sewer, and electricity connections. The site plan for the Bridge Housing Site is attached hereto as Exhibit A and incorporated herein by reference (the “Site Plan”).

C. Unit Ownership. The City shall acquire and transfer ownership of all the Units to MGM at the commencement of this Agreement at no additional cost to either Party, and without the execution of a bill of sale or any other written instrument. At the termination of this Agreement, MGM shall be responsible for the Units and all costs associated with storage, moving, disposing, or any other actions taken for Units.

D. Construction of Improvements. The City, or its designee, shall be responsible for acquiring the Units, as well as installing and constructing the Bridge Housing Site as shown in the Site Plan, with such adjustments as deemed necessary by the City. The City shall construct the Bridge Housing Site in accordance with all applicable laws and regulations, including to the extent applicable, the California Building Codes.

E. Acceptance of Improvements. Upon the City’s completion of the installation and construction of the Bridge Housing Site and related improvements, the City shall notify MGM in writing. MGM shall have ten (10) days to inspect the Bridge Housing Site and identify any defects or errors, and so notify the City in writing. The City shall correct any defects or errors necessary to comply with applicable sections of the California Building Codes or this Agreement, then notify MGM. If no defects or errors exist, or MGM does not so notify the City within ten (10) days, MGM shall be deemed to have accepted the improvements (the “Completion Date”). After the Completion Date, all improvements constructed on the Property shall be the sole responsibility of MGM, including any future necessary maintenance, repair. or replacement (notwithstanding City’s continued ownership of the Units during the term of this Agreement).

F. License to Enter. MGM hereby grants to City, its employees, licensees, subcontractors and agents, (collectively the “Licensee Parties”) a non-exclusive and non-possessive license to enter upon the Property for the purposes of surveying, performing site preparation activities, installing and constructing the Bridge Housing Site and related improvements, as shown in the Site Plan (the “Permitted Activities”). The Permitted Activities shall include all activities reasonably necessary to construct and install the improvements identified in Exhibit A.

G. Authority for Use. MGM warrants and represents that it has the full right, capacity, power and authority to enter into and carry out the terms of this Agreement. MGM explicitly #5..
- 125 -
3 represents and warrants that it has the full right to use the Property for the purposes set forth herein. There are no liens, encumbrances, mortgages, covenants, conditions, reservations, restrictions, easements, or other matters affecting the Property that would prohibit the Property from being used in the manner specified by this Agreement.

3. Operation of Bridge Housing Site
A. Program Details. MGM shall operate the Bridge Housing Site as temporary accommodation for individuals or families experiencing homelessness as they transition to permanent stable housing. The goal is that no individual shall reside in the Bridge Housing Site for longer than six (6) months. MGM shall ensure that the first resident moves into a unit on the Bridge Housing site not later than thirty (30) days after the Completion Date.

The date the first resident moves into a unit shall be the date of commencement of operations for the purposes of Section 1.

B. Resident Selection. Upon opening of Bridge Housing Site, MGM shall provide written procedures for the selection of the qualified individuals to reside at the Bridge Housing Site to the City for its review and approval. MGM will ensure qualified individuals are entered into the Coordinated Entry System. MGM shall make such changes to the proposed procedures as reasonably requested by the City.

C. Case Management. MGM shall provide case management services to residents of the Bridge Housing Site with the goal of reducing barriers for the individuals obtaining and maintaining permanent, stable housing. MGM shall assist individuals in housing navigation, assess residents for housing readiness, and connect them to necessary services such as healthcare, psychiatric care, substance use treatment, income support, in-home support services, intensive case management, and meal support. When necessary, MGM shall provide referrals to other entities and service providers qualified to provide the necessary services.

D. Program Rules. MGM shall develop appropriate community rules for the Bridge Housing Site and shall require all residents to sign a lease or similar agreement prior to commencing residency whereby residents agree to follow such community rules. MGM shall provide a copy of such lease or similar agreement to the City for review and comment no less than thirty (30) days prior to the commencement of operations.

E. De-escalation. MGM shall develop policies and procedures for de-escalation and resolution of conflicts between residents, as well as between MGM and residents. MGM shall ensure all personnel working at the Property are trained in these de-escalation policies and procedures. Before MGM terminates any resident from the Bridge Housing Site program, MGM shall communicate with the City on all steps taken to avoid termination of services prior to program termination.

F. Assignment. MGM may retain or hire a third party to perform all or some of the duties specified in this Section 3, with the prior approval of the City. The City shall not #5..
- 126 -
4 unreasonably withhold its consent as long as such third party is qualified and experienced in providing the assigned duties.

G. Maintenance. MGM shall be responsible for maintaining the Property and all of the improvements located thereon in a clean, safe, and functioning status, free of any trash, debris, or graffiti, and in compliance with the terms of this Agreement and all applicable state, federal and local laws, rules, and regulations.

H. Security. MGM shall have a minimum of one (1) staff member designated as "Guest Services" present at MGM's nearby main campus to make rounds and visit the Property multiple times daily throughout each twenty-four (24) period, seven (7) days a week. MGM may in its discretion hire a third-party security firm or independent contractor(s) to satisfy this requirement at any time during the term of this Agreement.

I. Costs. MGM in partnership with the City, is responsible for the cost and expense of providing the services and performing the duties specified in this Agreement for the first two years of the term through the availability of Encampment Resolution Funding described further in Exhibit C (Budget) and Exhibit D (ERF Program Requirements), attached hereto and incorporated herein. MGM shall be solely responsible for the cost of operating the Bridge Housing Site during the third year of the term. . Nothing in this section limits MGM from obtaining grants or other forms of financial assistance from any other entity.

J. Reporting. MGM shall provide a monthly compliance report to the City as outlined in Exhibit B and C, attached hereto and incorporated herein. MGM agrees to provide other necessary information to the City upon request to evaluate the program as required.

K. Nondiscrimination. During the performance of this Agreement, MGM and its subrecipients shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital status, military and veteran status, denial of medical and family care leave or pregnancy disability leave, or any other characteristic protected by state or federal law. MGM and its subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. MGM and its subcontractors shall comply with the provisions of California’s laws against discriminatory practices relating to specific groups: the California Fair Employment and Housing Act (FEHA) (Gov. Code, Section 12900 et seq.); the regulations promulgated thereunder (Cal. Code Regs., tit. 2, Section 11000 et seq.); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, Section 11135 - 11139.5). MGM and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. #5..
- 127 -
5 4. Insurance
A. Types. MGM shall provide at its own expense and maintain at all times, the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City.

MGM shall submit evidence of insurance electronically via the Pacific Insurance Network Systems (PINS). The policies or certificates thereof shall provide that thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by registered mail, return receipt requested, for all of the following stated insurance policies:
1) Worker’s Compensation in compliance with the statutes of the State of California, plus employer’s liability with a minimum limit of liability of $1,000,000.
2) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall indicate on the certificate of insurance the following coverage and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent contractors and subcontractors; products and completed operations as applicable. 3) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
4) Property. MGM shall maintain property insurance covering all risks of loss caused by or occurring in conjunction with the MGM’s use of the Property and the operation of a business thereon including flood (if required) for 100% of the replacement value of the Property, the Bridge Housing Site, and any improvements, naming the City as loss payee as its interests may appear.

B. Terms. Upon failure of the MGM to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended, or terminated. Failure of the MGM to obtain and/or maintain any required insurance shall not relieve the MGM from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the MGM concerning indemnification. The City and its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Worker’s Compensation.

C. Subrogation. The Worker’s Compensation insurer shall agree to waive all rights of subrogation against the City and its agents, officers, employees and volunteers for losses arising from work performed by MGM.
#5..
- 128 -
6 D. Primary. The MGM’s insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured and shall be placed with insurer(s) with acceptable Best’s rating of A: VII or with approval of the Risk Manager. The MGM must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

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

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

5. Indemnification
MGM shall indemnify, defend (with counsel reasonably acceptable to the City) and hold the City, its officers, officials, employees, and agents (“City Indemnitees”) harmless from and against any and all liabilities, losses, damages, fines, deficiencies, penalties, claims, demands, suits, actions, causes of action, legal or administrative proceedings, judgments, costs and expenses (including without limitation reasonable attorneys’ fees and court costs) (all of the foregoing, collectively “Claims”) arising from or in connection with any of the following: (i) MGM’s operation or management of the Property and Bridge Housing Site, (ii) any work or thing done by MGM on or in the Property, (iii) the condition of the Bridge Housing Site, including improvements initially installed by City but accepted by the MGM, (iv) any breach or default by the MGM in the performance of any covenant or agreement to be performed by the MGM pursuant to the terms of this Agreement, (v) any negligence of the MGM, or any of its agents, contractors, subcontractors, employees, or licensees, (vi) any accident, injury or damage caused by MGM , or any of its agents, contractors, subcontractors, employees, or licensees to any person in or on the Property, and (vii) the furnishing of labor or materials by the MGM or its contractors, subcontractors, employees, or agents.

In the event any such action or proceeding is brought against the City by reason of any such Claim set forth in this Section, the MGM, upon notice from the City, covenants to defend such action or proceeding by counsel reasonably satisfactory to the City. If an insurer under insurance required to be maintained by the MGM hereunder shall undertake to defend the City under a reservation of rights with respect to ultimate coverage and the City shall reasonably deem it necessary to retain independent counsel with respect to such matter, the MGM shall pay the reasonable fees of such counsel.
#5..
- 129 -
7 The obligations of the MGM under this Section shall not apply to any Claim or other matter that arises as a result of the sole negligence or willful misconduct of the City Indemnitees. This Section shall survive the expiration or earlier termination of this Agreement.

6. Assumption of Risk and Waiver.

Except to the extent such matter is attributable to the sole negligence or willful misconduct of City, City shall not be liable to MGM or its officers, employees, departments, officials, representatives, inspectors, contractors, consultants and agents for any damage or Claims arising out of the activities contemplated by this Agreement, including but not limited to the construction and installation of the Bridge Housing Site and related improvements.

7. Termination
This MOU may also be terminated in advance of its expiration date if the parties agree in writing.

The MOU may also be terminated if one Party breaches a term of this Agreement, or otherwise fails to perform its material responsibilities under this Agreement, after receiving notice of such breach or failure from another Party, and the non-performing Party fails to correct the breach within the reasonable cure period stated in the notice (which shall not be less than 14 days).

8. Notices
Any notices required or permitted hereunder shall be in writing and may be personally delivered, or delivered via the U.S. Postal Services, first class postage prepaid, or by a reputable overnight delivery service (such as U.S. Express Mail, Priority Mail, Federal Express, UPS, or DHL), addressed as follows or to such other place as each Party may designate by subsequent written notice to each other:

For the City of Modesto:

Attn: Edgar R. Garcia, Community Development Manager
1010 10th Street
Modesto, CA 95353
For the MGM:

Attn: Jason Conway, Chief Executive Officer
PO Box 1203
Modesto, CA 95353

9. Miscellaneous
A. Further Assurances. The Parties shall cooperate with each other and execute such instruments or documents and take such other actions as may reasonably be requested from time to time in order to carry out, evidence or confirm their rights or obligations under this MOU.
#5..
- 130 -
8 B. Modification. No provision of this Agreement shall be amended, modified, or waived other than by an instrument in writing signed by an authorized representative of each Party.

C. Enforceability. This MOU constitutes the legal, valid and binding obligation of each Party, enforceable against such Party, and its successors and assigns, in accordance with its terms, and, once executed and delivered, cannot be invalidated pursuant to any subsequent action of a Party, as applicable.

D. Waivers. A waiver of any breach of any provision of this MOU shall not constitute or operate as a waiver of any other breach of such provision or of any other provisions, nor shall any failure to enforce any provision operate as a waiver of such provision or of any other provisions. No waiver shall be valid unless in writing and signed by the waiving Party.

E. Governing Law. This MOU shall be governed by, and construed in accordance with, the laws of the State of California, excluding choice of law rules. Venue for any dispute arising out of this Agreement shall be in the Superior Court of Stanislaus County.

F. Independent Parties. The Parties to this Agreement shall be independent parties, and no Party shall be an employee of another Party. Except as may be authorized in writing, no Party shall have any authority, express or implied, to act on behalf of or bind another Party in any capacity whatsoever as an agent.

G. Binding Agreement. This MOU is intended to be, and shall be construed to be, binding upon the Parties and all successors and successors-in-interest of each party, including all officers, agents and employees. Notwithstanding the foregoing, MGM shall not assign its rights or obligations under this MOU without the prior written consent of City.

H. Partial Invalidity. If any one or more of the terms, provisions, covenants or conditions of this MOU is declared invalid, unenforceable, void or voidable, in whole or in part, for any reason by a court of competent jurisdiction and the finding or order or decree of which becomes final, none of the remaining terms, provisions, covenants or conditions of this MOU shall be affected thereby, and each provision of this MOU shall be valid and enforceable to the fullest extent permitted by law.

I. Counterparts. This MOU may be executed in one or more counterparts, each of which shall constitute an original, but all of which together shall constitute one and the same MOU. [Signatures Follow on the Next Page]
#5..
- 131 -
9 MGM: CITY:

Modesto Gospel Mission, Inc. City of Modesto
By: __________________________ By:

Jason Conway, Chief Executive Officer Joseph P. Lopez, City Manger ATTEST:
______________________________
Diane Nayares-Perez, City Clerk

APPROVED AS TO FORM
Jose Sanchez, City Attorney

APPROVED AS TO RISK

MANAGEMENT
Risk Manager
#5..
- 132 -
10 EXHIBIT A

SITE PLAN AND IMPROVEMENTS
#5..
- 133 -
11 EXHIBIT B
Purpose
Bridge Housing, often referred to as a non-congregate shelter option, is typically the first level of housing for individuals who are transitioning out of homelessness. The project includes twelve (12) temporary manufactured homes with a communal restroom available, with meals and case management and housing navigation services available at the Modesto Gospel Mission campus.

The goal is that no individual shall reside in the Bridge Housing Site for longer than six (6) months, while receiving case management services with the end goal of transitioning to permanent housing.

Program Reporting
MGM will provide monthly data reports that include the below and requirements in Exhibit C:

1. Number of individuals served

2. Monthly narrative of services, accomplishments and/or challenges

3. HMIS reports

4. Number of individuals permanently housed to include type of housing, such as permanent or interim

5. Percentage of successful housing exits

6. Exit types for unsuccessful housing exits

7. Number of program termination with reasons
Program Policies and Procedures
MGM will submit program policies to the City for review that include but not limited to the following sections in accordance with Exhibit C attached hereto:

1.1. Bridge Housing Operations

1.2.1. Admissions and Eligibility

1.2.2. Intake and Orientation

1.2.3. Participant's Rights and Responsibilities

1.2.4. Non-Discrimination

1.2.5. Reasonable Accommodations

1.2.6. Service Animals and Support Animals

1.2.7. Communication Accessibility

1.2.8. Participant Feedback

1.2.9. Incident Reporting

1.2.10. Grievances
#5..
- 134 -
12 1.2.11. Program Exits

1.2.12. Storage and Personal Belongings

1.2.13. Safety and Emergency Preparedness

2. Supportive Services

2.1. Case Management Access

2.2. Assessments

2.3. Housing Plans

2.4. Housing Focused Services

2.5. Services, Referrals and Linkages

3. Facility Standards

3.1. Facility Standards for Emergency Shelter

3.2. ADA Facility Standards

3.3. Hygiene Products

3.4. Hazardous Materials

4. Administration

4.1. Policies and Procedures

4.2. Staff Training

4.3. HMIS, HDIS Participation and Documentation

4.4. Coordinated Entry

4.5. Document Storage and Retention

4.6. Quality Assurance

4.7. Program Monitoring

4.8. Reporting

4.9. Waivers
#5..
- 135 -
1 CITY OF MODESTO AGREEMENT

SALVATION ARMY SERVICES AGREEMENT
This Agreement (“Agreement”) is entered into in the City of Modesto, State of California, this ____ day of ____________ 20__ (“Effective Date”) by and between the City of Modesto, a California municipal corporation (“City”), and The Salvation Army, a California corporation (“Recipient”). The City and The Salvation Army shall be collectively referred to hereinafter as the “Parties”.

This Agreement is made with regard to the following recitals:

WHEREAS, the City of Modesto has a long-standing partnership with The Salvation Army Berberian Shelter to provide services to individuals experiencing homelessness, and WHEREAS, The Salvation Army agreed to partner with the City for a grant from the State of California Encampment Resolution Funding program initially authorized by State Assembly Bill 140 (2021), and subsequently authorized by Senate Bill 101 (2023), and WHEREAS, by Resolution 2024-009, the City of Modesto applied for and was awarded Encampment Resolution Funds from the State of California Housing and Community Development Department to support individuals experiencing homelessness, and WHEREAS, The Salvation Army has agreed to carry-out the proposal identified in the grant which includes case management and housing navigation services for individuals experiencing homelessness, including 30 set-aside beds with a target of transitioning individuals within a twelve (12) month period, and
NOW THEREFORE, the City and Recipient agree as follows:

1. Term
A. The term of this Agreement (the “Term”) shall commence on the Effective Date and shall continue until June 30, 2027.

2. Grant Award
A. The City shall provide the Recipient with a grant of (the “Grant”) for the purposes and activities further specified in Exhibit A in accordance with the requirements outlined in Exhibit A and B, attached here to and incorporated by reference (the “Activities”).

B. Recipient shall expend the Grant solely on the Activities, as specified in Exhibit A and Exhibit B, and within the approved budget. The Recipient shall not use the Grant for any other purpose or activity without the prior written consent of the City. #5..
- 136 -
2 C. The Recipient shall operate within the territorial limits of the City of Modesto and the beneficiaries, if any, of the Activities shall be the residents of the City of Modesto.

3. Recipient’s Obligations
A. Throughout the Term of this Agreement, the Recipient shall obtain and maintain all licenses, permits, qualifications and approvals legally required to conduct business, and the specific Activities required by this Agreement. The Recipient warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to perform the Activities specified by this Agreement. Recipient shall perform the Activities required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Recipient is engaged.

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

4. Reporting Requirements
The Recipient shall submit monthly reporting, in accordance with the requirements set forth in Exhibit A and Exhibit B, attached hereto and incorporated herein, to the City within thirty (30) days of the end of each invoice period. The annual report shall be in addition to the reporting required by Section 4, and shall include:

A. Summary of activities and accomplishments, mandate and/or mission of the organization;
B. List of Board Directors with title, contact information and mandate term of each Director;
C. Organizational Chart;
D. Project/Program Expenditures-to-date (including receipts); E. Any other information reasonably requested by the City.

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

B. Recipient agrees to keep all necessary books and records required by this Agreement for five (5) years following the end of this Agreement and shall document all transactions so that all expenditures may be properly audited.

C. The Recipient agrees that City or any authorized representative has access to and the right to examine all records, books, papers, or documents related to the #5..
- 137 -
3 project. The Recipient shall allow the City or any authorized representative access to all records, books, papers, or documents related to the project within forty-eight (48) hours of a request to examine.

6. Preservation of Assets
Any assets purchased with the Grant, the cost of which exceed $5,000, shall be preserved by the Recipient, and shall not be sold, leased, given away or otherwise disposed of prior to the end of the useful life of the asset without prior written consent of the City.

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

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

D. The Recipient uses the Grant for a purpose or activity other than those specified in Exhibit A.

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

8. Compliance with Applicable Laws
Recipient shall carry out, and cause its contractors, consultants, employees and agents to carry out, the Activities, in compliance all applicable federal, state and local laws, rules, ordinances, orders, and regulations, including without limitation and to the extent applicable, the prevailing wage provisions of the federal Davis-Bacon Act and #5..
- 138 -
4 implementing rules and regulations and state prevailing wages pursuant to Labor Code Section 1770 et seq.

9. Non-Assignment
The Recipient shall not assign this Agreement, the Grant, or any part thereof, without the Prior written consent of the City. Any assignment in violation of this section shall require an immediate repayment of the Grant to City by the Recipient.

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

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

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

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Recipient shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days’ notice of the cancellation on the policies of insurance required hereunder (10 days’ notice if the policies are cancelled for non-payment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice.

The Recipient shall, as a further express condition precedent to payment for work #5..
- 139 -
5 performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled. (a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000.
(b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent The Recipients and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Recipient shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Recipient to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated. Failure of the Recipient to obtain and/or maintain any required insurance shall not relieve the Recipient from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Recipient concerning indemnification. The City, its agents, officers, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by The Recipient for the City. The Recipient's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Recipient must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed. #5..
- 140 -
6 The Recipient shall provide City with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, the Recipient shall provide City with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number.

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

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

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

To City:

City of Modesto
Attn: Edgar R. Garcia, Community Development Manger
1010 10th Street
Modesto, CA 95353
To Recipient:

Need to enter address.

14. SEVERABILITY
If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or City statute, ordinance or regulation; the #5..
- 141 -
7 remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.

15. DISPUTE RESOLUTION
All venue for any claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be in the Stanislaus County Superior Court.

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

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

18. GENERAL PROVISIONS
A. Binding Agreement. This agreement shall be binding on and inure to the benefit of the City, the Recipient and their respective successors and assigns. Nothing contained in this Agreement is intended to or shall be deemed to confer upon any person, other than the Parties and their respective successors and assigns, any rights or remedies hereunder.

B. Severability. Any provision of this agreement, which is or becomes prohibited or unenforceable in any jurisdiction, shall not invalidate or impair the remaining provisions of this agreement which shall be deemed severable from the prohibited or unenforceable provision and any prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable that provision in any other jurisdiction.

C. Waiver. The fact that the City refrains from exercising a remedy it is entitled to exercise under this agreement shall not be considered to be a waiver of such right and, furthermore, partial or limited exercise of a right conferred upon the City shall not prevent the City in any way from later exercising any other right or remedy under this agreement or other applicable law. No waiver of any breach #5..
- 142 -
8 of any covenant or provision of this Agreement shall be deemed a waiver of any other covenant or provision hereof, and no waiver shall be valid unless in writing and executed by the waiving Party
D. Business License. The Recipient will have a valid City of Modesto Business License. in
E. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding chose of law rules.

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

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

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the effective date set forth above.
#5..
- 143 -
9 EXHIBIT A
Scope of Work
The proposed funding will help improve service delivery, outcomes and exits to permanent housing.

The funding allocation for the Salvation Army is in the amount of $669,167 over the grant period through June 30, 2027, and The Salvation Army shall adhere to all requirements set forth in Exhibit A and Exhibit B.

The Salvation Army Berberian Shelter is one of the largest emergency shelters in the City of Modesto.

The campus, a 180-bed emergency shelter, is intended to provide services for the basic needs of adult participants experiencing homelessness, aged 18 and older, while providing connection to supportive services that focus primarily on helping residents identify a pathway to housing. The role of the Berberian Shelter in the City of Modesto’s homeless response system is to provide safe shelter to individuals experiencing homelessness, allowing them the opportunity to stabilize as they secure housing.

Shelter services include a 30 emergency shelter beds set-aside as well as:

1. Provide services that are culturally-competent, person-centered, and rooted in evidence based practices.

2. Collaborate and partner with the community in the local planning process of the homeless response system as listed here, and within Exhibit B:

A. Collaborate and work closely with City and County landlords and homeowners to locate appropriate housing options for participants.

B. Collaborate with public and private stakeholders to secure necessary funding to maintain the full operation of the shelter.

C. Collaborate with Stanislaus County Department of Behavioral Health and Recovery Services (BHRS), Stanislaus County Community Services Agency (CSA), Stanislaus County Department of Workforce Development, Stanislaus County Department of Public Health, Stanislaus Community System of Care (CSOC), and City of Modesto staff to ensure all relevant resources are being leveraged for the residents of the shelter.
a. Work with these Departments to facilitate a plan to ensure mainstream benefits are being accessed by eligible participants.

D. Enroll clients in the Homeless Management Information System Software E. Provide case management and housing navigation services and referrals including assistance in obtaining permanent housing, medical health treatment, mental health treatment, counseling, supervision, and other services essential for achieving independent living.
a. Identify potential housing barriers and develop goals with the participant to overcome these housing barriers.

F. For the term of this agreement, the Salvation Army shall maintain operating hours during the day (at minimum from 9 am to 5 pm) 7 days per week to provide case #5..
- 144 -
10 management and meal services to clients from the shelter and to those who are not shelter clients.

G. Provide case management and housing navigation services to each participant with the goal of securing permanent housing which include but are not limited to:
b. Meet with each participant regularly to follow up on housing plan and established goals; and
c. Continue to work on clients housing plan and discussions with other services providers and/or landlords/homeowners to obtain best fit for permanent housing.
d. Salvation Army shall strive to maintain placement for emergency shelter clients within a 12-month period for clients.

H. Utilize community resources and tools for participants who would benefit from life skills training, job training, and skills development which should be identified through case management discussions and housing plan.

I. Refer participants to supportive service providers and Coordinated Entry System (CES), as needed.

3. Homeless Management Information System (HMIS)
A. Enter client information in HMIS in accordance with the terms set forth here and in Exhibit B.

B. All HMIS data needs to be entered into the database to ensure accuracy, security, and collaboration.

4. Data Reporting and Requirements in accordance with the below and Exhibit B.

A. Provide monthly reports detailing the following information, as well as additional information reasonably requested by the City:
a. Number of participants served (duplicated and unduplicated numbers); b. Participant program exit outcomes;
c. Service referrals made by type;
d. Number of participants housed by type;
e. Per day count of number of participants;
f. Narrative on program operations including staff to participant ratios and g. If number of participants has decreased from prior report, include a narrative on the analysis of reduced services provided.

5. Budget
Activity Annual Budget Two-Year Budget
Case Worker $40,560.00 $81,120.00
Shift Leaders (3 FTE) $118,560.00 $237,120.00
Intake Coordinator $39,520.00 $79,040.00
Food $123,443.50 $246,887.00
#5..
- 145 -
11 Utilities and Maintenance $12,500.00 $25,000.00
TOTAL $334,583.50 $669,167
#5..
- 146 -
#5..
- 147 -
#5..
- 148 -
#5..
- 149 -
#5..
- 150 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

June 10, 2025
Date: May 9, 2025
TO: Mayor and Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Motel Voucher Agreement with Turning Point Community Programs CONTACT: Edgar R. Garcia, Community Development Manager [email protected], 209-571-5101
DESCRIPTION:

Consider approving an Agreement with Turning Point Community Programs, Rancho Cordova, California to administer a short-term Motel Voucher Program that assist individuals experiencing homelessness in an amount not to exceed $200,000. (Funding Source: Measure H) STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s 2025-2026 Strategic Plan, Goal C: Develop a Homelessness and Housing Plan.

BACKGROUND:

On November 8, 2022, Modesto voters approved Measure H, a one-cent sales tax for general City services, Through the passage of Measure H, the community identified a desire for an increased level of service such as addressing quality of life issues. The measure identified expenditures that will allow the City to improve City services, including funding to address homelessness.

On June 4, 2024, by Resolution 2024-190, Council approved the adoption of the Fiscal Year 2024-25 Measure H Spending plan allocating $200,000 in Measure H funds toward the implementation of a short-term motel voucher program. With the adoption of the budget for the implementation of a motel voucher program City staff began the development of the program and engaged Turning Point Community Programs (TPCP) to administer and provide oversight for the program.

TPCP is committed to transitioning families and individuals from temporary emergency shelter and motel voucher programs into permanent housing. TPCP has experience implementing this type of program and has the capacity and knowledge to successfully operate and administer a motel voucher program. As evidenced by its management over the past 40 years, TPCP provides essential and supportive services aiding the unhoused community on a path to recovery and stability through outreach, housing programs, and housing stabilization services to #6..
- 151 -
City Council, June 10, 2025
Motel Voucher Agreement with Turning Point Community Programs