Agenda packet — Modesto City Council, June 28, 2022 (part 3 of 3)

Section 22620 et. seq. of the Act requires the legislative body (the Council) to take the following actions prior to August 10th of each year:

2. Adopt a resolution approving the Engineer’s Annual Report as submitted or as modified by the legislative body. This action was taken by the Council on April 12, 2022 by Resolution No. 2022-183.

3. Adopt a resolution of intention to levy and collect assessments within the assessment district for the fiscal year. This action was taken by the Council on April 12, 2022 by Resolution No. 2022-183.

4. Conduct a public hearing.

5. Adopt a resolution confirming the diagram and assessment as originally proposed or as changed by the legislative body.

DISCUSSION:

In June 2000, staff successfully completed a Proposition 218 ballot measure which increased the annual assessment and added an annual inflator based on the Building Cost Index. On June 6, 2000, the Council ordered the hearing scheduled for July 25, 2000 (Resolution 2000- 276). Ballots were then mailed to all LMAD No. 2 property owners asking them to approve an increase in the Fiscal Year 2000-2001 assessment and an annual increase based on the Building Cost Index. On July 25, 2000, the Council oversaw the counting of the ballots; the results of the election were as follows: 127.34 in favor and 98.1 opposed. The Council then ordered the levy and collection of charges within LMAD No. 2 (Resolution 2000-394).

Annual assessments in LMAD No. 2 have risen incrementally since 2001 pursuant to the annual adjustment. The inflator was applied when the LMAD No. 2 had a negative reserve balance, with the exception of FY 14-15 when no increase was applied. The proposed assessment increase for LMAD No. 2 for Fiscal Year 2022-23 results in an assessment of $31,214.06 ($232.64 per acre for commercial properties and $45.78 for each residential property). The annual assessment is to adjusted annually according to the BCI for the San Francisco Bay Area as reported in the Engineering New Record the second week of March. The annual adjustment for fiscal year 2022-2033 is 25.37% The proposed increase in the annual assessment is less than or equal to the change in the annual inflator previously approved by property owners. Staff is utilizing this increase to complete deferred clean-up and maintenance in the district.

The City Clerk gave notice of tonight’s public hearing by publishing the appropriate notice in the Modesto Bee on June 17, 2022. All interested persons will be afforded an opportunity to be heard during the public hearing. Should there be any protests, whether written or oral, the Council may choose to continue the hearing to a later date and/or may change any part of the Engineer’s Annual Report to address the concerns of the property owner(s). #14..
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City Council, June 28, 2022
Fiscal Year 2022-23 Annual Assessment for Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision and Yosemite Meadows Subdivision Units 1 & 2

Page 3 of 3 ends

FISCAL IMPACT:

In Fiscal Year 2021-22, the total assessment levied was $22,992, while its projected expenses are $16,709.

The projected expenses for Fiscal Year 2022-23 are $18,530, while the projected revenue is $31,096. The expenses include contracted maintenance expenses, utility service charges, and City staff time associated with administration and maintenance of LMAD No. 2. Staff is assessing qualifying areas in LMAD No. 2 for additional clean-up and maintenance with the excess revenue that has been deferred in prior years. It is the expectation that all expenses for LMAD No. 2 will be paid by the assessments levied on properties within LMAD No. 2.

The Stanislaus County Auditor-Controller’s Office, Property Taxes and Assessments Division, collects a $0.20 fee per assessment and per parcel. This fee is built into the annual assessment being levied for LMAD No. 2.

COMMITTEE RECOMMENDATION:

This item is an annual report and was not presented to a Council Committee.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Fiscal Year 2022-23 diagram and annual assessment, and ordering the levy and collection of charges within Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision and Yosemite Meadows Subdivision Units 1 & 2.

Approved by:

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

1. Resolution

2. Boundary Map

3. 2022-23 Engineer’s Annual Report
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C&ED/Hill/06-28-2022 1 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION APPROVING THE FISCAL YEAR 2022-23 DIAGRAM AND

ANNUAL ASSESSMENT, AND ORDERING THE LEVY AND COLLECTION

OF CHARGES WITHIN LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICT NO. 2 FOR DRY CREEK MEADOWS SUBDIVISIONS NOS. 7-10,

CREEKWOOD MEADOWS SUBDIVISION AND YOSEMITE MEADOWS
SUBDIVISION UNITS 1 & 2
WHEREAS, on April 12, 2022, by Resolution No. 2022-183, Council declared its intent to levy charges or assessments for the purpose of administering the maintenance of landscaping in the public right-of-way within the street medians and adjacent to the access control walls in Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivisions, and Yosemite Meadows Subdivision Units 1 and 2 under the provisions of California Streets and Highways Code Sections 22500 through 22679, more commonly known as the Landscape and Lighting Act of 1972, and WHEREAS, the charges against the real property are not levied with regard to property values but rather by allocated cost reports prepared by the Engineer of Work, and
WHEREAS, the increase in the annual assessment is less than or equal to the annual inflator previously approved by the property owners within the District, and WHEREAS, the annual assessment is to adjusted annually according to the BCI for the San Francisco Bay Area as reported in the Engineering New Record the second week of March, and
WHEREAS, the annual adjustment for fiscal year 2022-2033 is 25.37%, and WHEREAS, the City of Modesto has determined and certifies that the charges are either exempt from or in compliance with all the provisions of Proposition 218, which was #14..
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C&ED/Hill/06-28-2022 2 2022-
passed by the voters in November 1996, and
WHEREAS, the City of Modesto has further determined the charges are in compliance with all laws pertaining to the levy of such charges, and WHEREAS, on June 28, 2022 a public hearing was held.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby orders the levy and collection of such charges as specified in the approved Engineer’s Report within City of Modesto Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivisions, and Yosemite Meadows Subdivision Units 1 and 2 for Fiscal Year 2022- 23, and in each subsequent fiscal year in which the charges may validly be levied.

BE IT FURTHER RESOLVED that a certified copy of this resolution and attached documentation shall be delivered to the Auditor-Controller of the County of Stanislaus for placement of such charges on the 2022-23 County Tax Roll, and in each subsequent fiscal year in which the charges may validly be levied.

BE IT FURTHER RESOLVED that the diagram of said assessment district, which is attached hereto, and amount of levy thereon is hereby confirmed. #14..
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C&ED/Hill/06-28-2022 3 2022-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 28th day of June, 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following votes:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ATTEST: ______________________________________
DIANE NARARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:

By: _____________________________
JOSE M. SANCHEZ, City Attorney
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C&ED/Hill/06-28-2022 4 2022-
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Assessment District Diagram
Landscape Maintenance Assessment District No. 2
(Dry Creek Meadows Subdivisions No. 7 - 10)
(Creekwood Meadows Subdivision)
(Yosemite Meadows Units No. 1 & 2)
250 125 0 250
Feet Date: 1/6/2022
Document Path: K:\Projects\Maintenance\Mxd\landscape-d2-20220106.mxd #14..
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Landscape Maintenance Assessment District No. 2
2022-2023 Engineer’s Annual Report Page 1

TABLE OF CONTENTS

SECTION TITLE
I. History
II. Annual Assessment Review & Summary
III. Financials – Annual Assessment Revenue & Maintenance Expense Projections
IV. Maintenance & Plan Specifications
V. Annual Assessment District Diagram
VI. Annual Assessment List by Parcel & Property Owner
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Landscape Maintenance Assessment District No. 2
2022-2023 Engineer’s Annual Report Page 2

SECTION I HISTORY
On April 4, 1989, Landscape Maintenance Assessment District No. 2 (“LMAD No. 2”) was formed in accordance with the Landscape and Lighting Act of 1972 (California Streets and Highway Code §22500 through §22679) (“the Act”) to administer the maintenance of landscaping in the public right-of-way within the street medians and adjacent to the access control walls in Dry Creek Meadows Subdivisions Nos. 7 through 10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivision Units 1 and 2. All costs for LMAD No. 2 are funded by the annual assessments levied on each property within the district. The Act requires several courses of action on the part of City staff and City Council prior to August 10th of each year.

The Act initially requires the City Council to order, prepare, and file an Engineer’s Annual Report for the City Council. This report is prepared for the purpose of detailing the plans and specifications for the maintenance of work, the estimates of costs for landscape maintenance performed by the City Contractor, utility service charges, City street tree pruning costs, City staff time to administer the maintenance contract, and additional work to be performed by the City Contractor at the request of the City.

Prompted by negative reserve balances in LMAD No. 2, staff successfully completed a Proposition 218 ballot in June 2000. This ballot added an annual cost of living increase based on the Building Cost Index (“BCI”). As a result of this ballot, the approved “inflator” adjusts each year’s assessment. California Government Code §54954.6(a) and (c) requires that a notice be mailed no less than 45 days in advance of the public hearing to all property owners if costs will increase.

Upon City Council’s approval of the Engineer’s Annual Report, the City Council adopts a resolution declaring its intent to levy and collect assessments within LMAD No. 2 for the following fiscal year and schedules a public hearing. This public hearing and proposed resolution levying the proposed assessments is in accordance with the annual assessment procedures.

Finally, in compliance with the Act, the City Council conducts the public hearing and adopts certain resolutions in accordance with the California Streets and Highways Code §22625 through 22641. The City Clerk is required to give the Modesto Bee notice of the public hearing no less than ten (10) days prior to the scheduled hearing date. All interested persons are afforded the opportunity to be heard during the public hearing. Should there be any protests, whether written or oral, the City Council may choose to continue the hearing to a later date and/or may change any part of the Engineer’s Annual Report to address the concerns of the property owner(s). The adopted resolution is then forwarded to the Auditor-Controller of the County of Stanislaus for placement of such charges on the upcoming year’s County Tax Roll. #14..
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Landscape Maintenance Assessment District No. 2
2022-2023 Engineer’s Annual Report Page 3

SECTION II ANNUAL ASSESSMENT REVIEW AND SUMMARY
A. PARCEL REVIEW
Total Acreage: 135.20 Acres
Total Assessed Acreage: 134.172 Acres

1. Single-Family Residential: 116.087 acres (590 Parcels)

2. Commercial: 18.085 acres (18 Parcels)

3. Publicly-Owned: 1.028 acres (2 Parcels)
a) One (1) parcel owned by the City of Modesto (0.03 acres) which is utilized as a traffic island.
b) One (1) parcel owned by the Empire School District (1.0 acres) which is utilized as its District Offices.

According to the §22663 of the California Streets and Highways Code, public property owned by any public agency and in use in the performance of a public function shall not be subject to assessment.

B. ANNUAL ASSESSMENTS
Each parcel receives equal benefits from LMAD No. 2. The annual assessment levied is calculated by dividing the total cost estimate by the total number of acres.

1. The single-family residential properties are levied on a flat rate, which is calculated by dividing the total cost estimate by the number of residential acres and subsequently by the total number of residential parcels.

2. Commercial properties are levied based on actual acreage.

The annual assessment is to be adjusted annually according to the BCI for the San Francisco Bay Area (SF BCI), as reported in the Engineer News Record the second week of March.

The inflationary adjustment is applied when the district has minimal or negative reserves to offset the total cost estimates for the upcoming fiscal year. The increase for Fiscal Year 2022-2023 is 25.3731838% (The difference between the March 8/15, 2021 SF BCI, 7843.32, and the March 8/15, 2022 SF BCI, 9833.42, divided by the March 8/15, 2021 SF BCI, 7843.32).
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The total annual assessment for LMAD No. 2 for Fiscal Year 2022-2023 is $31,214.06. (Fiscal Year 2021-2022 assessment $24,896.92 x 25.3731838%).

C. PROJECTED ANNUAL ASSESSMENT SUMMARY

1. Single-Family Residential Annual Assessment – 590 Parcels $31,214.06 Annual Assessment for Fiscal Year 2022-2023
÷ 134.172 Total assessed acres
$ 232.64 Annual assessment per acre
$ 232.64 Annual assessment per Acre
x 116.087 Residential acres
$ 27,006.73 Total residential annual assessment
$ 27,006.73 Total residential annual assessment
÷ 590 # Parcels
$ 45.78 Total residential annual assessment/parcel
* For levying purposes, the total annual assessment has been rounded to $45.78 per residential parcel for a total annual residential assessment of $27,010.20 #14..
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2. Commercial Annual Assessment – 18 Parcels
APN Acres $/Acre Fiscal Year 2022-23
Annual Assessment
079-025-005 0.495 $232.64 $115.16
079-025-011 1.36 $232.64 $316.39
079-025-015 0.01 $232.64 $2.33
079-025-017 0.67 $232.64 $155.87
079-025-018 0.49 $232.64 $113.99
079-025-019 0.66 $232.64 $153.54
079-025-020 2.61 $232.64 $607.19
079-026-005 0.59 $232.64 $137.26
079-026-006 0.21 $232.64 $48.85
079-026-007 0.2 $232.64 $46.53
079-026-008 1.54 $232.64 $358.27
079-026-009 0.16 $232.64 $37.22
079-026-010 0.28 $232.64 $65.14
079-026-011 0.3 $232.64 $69.79
079-026-012 0.29 $232.64 $67.47
079-026-013 6.37 $232.64 $1,481.92
079-026-014 1.36 $232.64 $316.39
079-027-097 0.49 $232.64 $113.99
Total Acres 18.085 Total Assessment $4,207.29
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D. COMPARISON TO PREVIOUS FISCAL YEAR
The proposed 2022-2023 annual assessment for single-family residential parcels has increased from $36.52 to $45.78 per parcel. The proposed 2022-2023 annual assessment for commercial parcels has increased from $185.56 to $232.64 per acre. #14..
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SECTION III FINANCIALS – ANNUAL ASSESSMENT REVENUE &

EXPENSE PROJECTIONS

LMAD No. 2 Fund 6490
Estimated
FY 2021-221
Proposed
FY 2022-232
Beginning Fund Balance $ 8,848 $ 15,131
Revenue (Cost Center 80020)
Special Assessments $ 14,877
3 $ 31,096
4 Interest $ 16
Change in Fair Market Value $ (24)
Estimated - Special Assessments $ 8,123
5 Total Revenue $ 22,992 $ 31,096
Expenses (Cost Center 80020) Account
Operating Budget
Postage Expenses 52025 $ -
Water Utility Expenses 53043 $ (1,579) $ (2,500)
Repair and Maintenance Services - Landscape 53165 $ (6,610) $ (10,672) Professional Services 53300 $ - $ (1,000)
Legal Services 53450 $ - $ (500)
Services City Forces - Interfund 54500 $ (1,413) $ (3,858) Estimated - Water Utility Expenses 53043 $ (921)
Estimated - Repair and Maintenance Services 53165 $ (3,980) Estimated - Professional Services 53300 $ (1,000)
Estimated - Legal Services 53450 $ (500)
Estimated - Services City Forces 54500 $ (706)
Total Expenses $ (16,709) $ (18,530)
Ending Fund Balance $ 15,131 $ 27,697
expenses through the end of the fiscal year (June); these are shown as Estimated. 2 The estimated expenditures for FY 2021-22 are based on the revenue that is currently able to be generated within LMAD No. 2.
3 Actual revenue received for FY 2021-22 tax levy.
4 Proposed revenue.
5 Estimated revenues for second installment of FY 2021-22 tax levy. 1 The final amount shows what has been expended as of 2.28.22 for FY21. There will be more #14..
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SECTION IV MAINTENANCE & PLAN SPECIFICATIONS
Plans and specifications are available for review in the Public Works Department, located at 512 Jefferson Street, Modesto, CA. For more information, contact Kelly Gallagher, Parks Operations Manager at (209) 342-2270.
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SECTION V ANNUAL ASSESSMENT DISTRICT DIAGRAM
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SECTION VI ANNUAL ASSESSMENT LIST BY PARCEL & OWNER
Fee Parcel Owner Address City State Zip 2022-23 Ast.
079-016-023-000 MARTINEZ MARIA R LEON 432 CODINGTON WAY Modesto CA 95354 $45.78 079-016-024-000 RENTERIA J JESUS SANTILLAN ET AL 428 CODINGTON WAY Modesto CA 95357 $45.78 079-016-025-000 SWARTZ SHERYL R 424 CODINGTON WAY Modesto CA 95354 $45.78 079-016-026-000 SARHAD WILSON 3921 LOUISBURG AVE Modesto CA 95357 $45.78 079-016-027-000 MADRIGAL XOCHITL 3917 LOUISBURG AVE Modesto CA 95357 $45.78 079-016-028-000 FREDDIE MICHAEL J & BARNES-FREDDIE SCARLETT M 3913 LOUISBURG AVE Modesto CA 95357 $45.78 079-016-029-000 AGUIRRE EDWARD JR & AGUIRRE ANGELICA 3909 LOUISBURG AVE Modesto CA 95357 $45.78 079-016-030-000 LOPEZ GREGORIA HERNANDEZ & MORA MANUEL GUADALUP 3905 LOUISBURG AVE Modesto CA 95357 $45.78 079-016-031-000 MARTINEZ CESAR ARROYO 3901 LOUISBURG AVE Modesto CA 95357 $45.78 079-016-032-000 VILLALOBOS ANGEL SERGIO ET AL 3825 LOUISBURG AVE Modesto CA 95357 $45.78 079-016-033-000 OBERLANDER MARK ET AL 3821 LOUISBURG AVE Modesto CA 95357 $45.78 079-016-034-000 LOPEZ ARNULFO & ANA M 3817 LOUISBURG AVE Modesto CA 95357 $45.78 079-016-035-000 POOLE ROLAND J & POOLE CHERYL S 3813 LOUISBURG AVE Modesto CA 95357 $45.78 079-016-036-000 CHAND VINAL V ET AL 3809 LOUISBURG AVE Modesto CA 95357 $45.78 079-016-037-000 ARNOLD JASON DEAN & ROSE E 3805 LOUISBURG AVE Modesto CA 95357 $45.78 079-016-038-000 MEDRANO JESUS E AYON 3801 LOUISBURG AVE Modesto CA 95357 $45.78 079-016-039-000 SIMMER ALI R & TIFFANY C 3721 LOUISBURG AVE Modesto CA 95357 $45.78 079-016-040-000 FRYE AMBER M ET AL 3717 LOUISBURG AVE Modesto CA 95357 $45.78 079-016-041-000 CHEN RAY CHONG 3713 LOUISBURG AVE Modesto CA 95357 $45.78 079-016-042-000 GONCHAR RONALD S 3709 LOUISBURG AVE Modesto CA 95357 $45.78 079-016-043-000 JOST DAVID L 3705 LOUISBURG AVE Modesto CA 95357 $45.78 079-016-044-000 CHAND VIJAY ET AL 424 WADDELL WAY Modesto CA 95357 $45.78 079-016-045-000 SMTIH OLIVER BERT & SMITH SHERRIE ANN TRS 428 WADDELL WAY Modesto CA 95357 $45.78 079-016-046-000 MENDOZA VERONICA & SALINAS MICHAEL LEE JR 432 WADDELL WAY Modesto CA 95357 $45.78 079-016-047-000 SARMIENTO JORGE 436 WADDELL WAY Modesto CA 95357 $45.78 079-016-048-000 SALEH JOSHUA 445 WADDELL WAY Modesto CA 95357 $45.78 079-016-049-000 ESCOBEDO SARAH 441 WADDELL WAY Modesto CA 95357 $45.78 079-016-050-000 PULIDO OLGA A 437 WADDELL WAY Modesto CA 95357 $45.78 079-016-051-000 SUAREZ FRANCISCO JAVIER TR 433 WADDELL WAY Modesto CA 95357 $45.78 079-017-001-000 MEN CHHADAVY TR 428 N MC CLURE RD Modesto CA 95357 $45.78 079-017-002-000 LEYVA YOVANIA M & RODRIQUEZ ARMANDO LEYVA 432 N MC CLURE RD Modesto CA 95357 $45.78 079-017-003-000 LANDAVERDE JUAN A & YANY M 436 N MC CLURE RD Modesto CA 95357 $45.78 079-017-004-000 KHOSHABA TERESA I TR 440 N MC CLURE RD Modesto CA 95357 $45.78 079-017-005-000 MONACO DONALD F & GLORIA E TRS 444 N MC CLURE RD Modesto CA 95357 $45.78 079-017-006-000 BORGES MARIA NOEMIA ET AL 448 N MC CLURE RD Modesto CA 95357 $45.78 079-017-007-000 DILLON DEBRA L 441 MELBOURNE DR Modesto CA 95357 $45.78 079-017-008-000 CRAWFORD EDWARD A & CRAWFORD SUSAN E 437 MELBOURNE DR Modesto CA 95357 $45.78 079-017-009-000 YOUNG MICHAEL E & YOUNG DOROTHULA M 433 MELBOURNE DR Modesto CA 95357 $45.78 079-017-010-000 NUNES CLIFFORD L & DOROTHY S 429 MELBOURNE DR Modesto CA 95357 $45.78 079-017-011-000 DE LEON MELANIE R 425 MELBOURNE DR Modesto CA 95357 $45.78 079-017-012-000 FOXWORTHY SHERRI NESS TR 421 MELBOURNE DR Modesto CA 95357 $45.78 079-017-013-000 CAMARENA JESUS JR & ESTHER TRS 420 MELBOURNE DR Modesto CA 95357 $45.78 079-017-014-000 JUAREZ GERARDO RAMIREZ & GOMEZ MARITZA 424 MELBOURNE DR Modesto CA 95354 $45.78 079-017-015-000 CHAN CORINA TR 428 MELBOURNE DR Modesto CA 95357 $45.78 079-017-016-000 BERLIN GARY R JR & CHRISTIE 432 MELBOURNE DR Modesto CA 95357 $45.78 079-017-017-000 VALDEZ ARTHUR DAVID TRS & VALDEZ ANGELINE 3512 MECHALYS WAY Modesto CA 95357 $45.78 079-017-018-000 BIRCH HANNAH 3516 MECHALYS WAY Modesto CA 95357 $45.78 079-017-019-000 SOLORZA JUAN M LOPEZ & LOPEZ BRENDA C TRS 3520 MECHALYS WAY Modesto CA 95357 $45.78 079-017-020-000 XAVIER BURT & XAVIER CATHY 3524 MECHALYS WAY Modesto CA 95357 $45.78 079-017-021-000 MANZO CLAUDIA 3528 MECHALYS WAY Modesto CA 95357 $45.78 079-017-022-000 SHERGILL SUKHVIR S & GURBAX K 3532 MECHALYS WAY Modesto CA 95357 $45.78 079-017-023-000 HOLDER SHERRI L & CLARK R 3600 MECHALYS WAY Modesto CA 95357 $45.78 079-017-024-000 MARTINEZ CARLOS M BARAJAS & ORTEGA DIANA PEREZ 3604 MECHALYS WAY Modesto CA 95357 $45.78 #14..
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Fee Parcel Owner Address City State Zip 2022-23 Ast.
079-017-025-000 YOUNAN GILBERT & YOUNAN IMAN 3608 MECHALYS WAY Modesto CA 95357 $45.78 079-017-026-000 NAMMACHANTHY KERK 3612 MECHALYS WAY Modesto CA 95357 $45.78 079-017-027-000 OROZCO LEOBARDO & OROZCO YESSENIA 3616 MECHALYS WAY Modesto CA 95350 $45.78 079-017-028-000 PHAM HOANG KIM 3620 MECHALYS WAY Modesto CA 95357 $45.78 079-017-029-000 JACKSON DAVE P & JACKSON MARIA 3624 MECHALYS WAY Modesto CA 95357 $45.78 079-017-030-000 WONG CHE K 449 ANSONVILLE LN Modesto CA 95354 $45.78 079-017-031-000 BATTH TAJINDER SINGH & SUDHIR KAUR 445 ANSONVILLE LN Modesto CA 95357 $45.78 079-017-032-000 BLAIR JOHNNY B ET AL 441 ANSONVILLE LN Modesto CA 95357 $45.78 079-017-033-000 FRICK WADE L 437 ANSONVILLE LN Modesto CA 95357 $45.78 079-017-034-000 YANG TENG & GUTIERREZ BIANCA CABRERA 3613 ASHEBORO LN Modesto CA 95357 $45.78 079-017-035-000 WILLIAMS JEFFREY & LAURA L 420 SUNBURY CT Modesto CA 95357 $45.78 079-017-036-000 PALLAN LUCAS 424 SUNBURY CT Modesto CA 95357 $45.78 079-017-037-000 COOK ERIC A & JULIE A 428 SUNBURY CT Modesto CA 95357 $45.78 079-017-038-000 BROWN ELIZABETH TR 429 SUNBURY CT Modesto CA 95357 $45.78 079-017-039-000 GIRON MICHAEL ANTHONY 425 SUNBURY CT Modesto CA 95357 $45.78 079-017-040-000 HAMILTON JASON 3541 ASHEBORO LN Modesto CA 95357 $45.78 079-017-041-000 HAMILTON STEVEN D & HAMILTON BRIGITTE 3533 ASHEBORO LN Modesto CA 95357 $45.78 079-017-042-000 MARTINEZ PABLO B & ARROYO MELISSA YVETTE 424 BEUFORT CT Modesto CA 95357 $45.78 079-017-043-000 WEDEL JERRY LOUIS & LINDA LORRAINE TRS 428 BEUFORT CT Modesto CA 95357 $45.78 079-017-044-000 ROCHA JUAN C & SAN JUANA 429 BEUFORT CT Modesto CA 95357 $45.78 079-017-045-000 LUNA SOCORRO A 425 BEUFORT CT Modesto CA 95357 $45.78 079-017-046-000 ARMSTRONG JASON R & JENNIFER L 3521 ASHEBORO LN Modesto CA 95357 $45.78 079-017-047-000 CARREIRO BRUCE R & EDYTHE E TRS 424 ANSONVILLE LN Modesto CA 95357 $45.78 079-017-048-000 MIRANDA OSCAR 428 ANSONVILLE LN Modesto CA 95357 $45.78 079-017-049-000 SINGH BALIHAR TR 432 ANSONVILLE LN Modesto CA 95354 $45.78 079-017-050-000 NGUYEN KHANH NGOC & HIEU 436 ANSONVILLE LN Modesto CA 95357 $45.78 079-017-051-000 NELL JESSE 440 ANSONVILLE LN Modesto CA 95357 $45.78 079-017-052-000 RUIZ MIGUEL A 444 ANSONVILLE LN Modesto CA 95357 $45.78 079-017-053-000 VALENCIA MARIA 448 ANSONVILLE LN Modesto CA 95357 $45.78 079-017-054-000 PAL SALILA TR 452 ANSONVILLE LN Modesto CA 95357 $45.78 079-018-001-000 PALMERIN LUCIO C & LIDIA 424 N MC CLURE RD Modesto CA 95354 $45.78 079-018-002-000 PEREZ FERNANDO H & VILLARRUEL MARIA ALEJANDRA 420 N MC CLURE RD Modesto CA 95357 $45.78 079-018-003-000 WONG FAT SHING & WONG LINDA T 416 N MC CLURE RD Modesto CA 95354 $45.78 079-018-004-000 AU-YEUNG WAI KENNY & AMELA TRS 412 N MC CLURE RD Modesto CA 95354 $45.78 079-018-005-000 AU-YEUNG PIK KWAN 408 N MC CLURE RD Modesto CA 95357 $45.78 079-018-006-000 SAN RESMEY M ET AL 401 MELBOURNE DR Modesto CA 95357 $45.78 079-018-007-000 BARDONNER STEVEN E 405 MELBOURNE DR Modesto CA 95357 $45.78 079-018-008-000 LOPEZ IVAN A 409 MELBOURNE DR Modesto CA 95357 $45.78 079-018-009-000 JACOB AGLANTINA M 413 MELBOURNE DR Modesto CA 95357 $45.78 079-018-010-000 SUAREZ-MILLAN THANIA A 417 MELBOURNE DR Modesto CA 95354 $45.78 079-018-011-000 NIAKAN SIROOS & DEHKORDI ROYA K TRS 3512 ASHEBORO LN Modesto CA 95357 $45.78 079-018-012-000 STEVENS JAKE L & STEVENS GAIL M 3516 ASHEBORO LN Modesto CA 95357 $45.78 079-018-013-000 AZIZI ROBERT 3520 ASHEBORO LN Modesto CA 95357 $45.78 079-018-014-000 HAJI EDMON K & TOUMA HELEN 3524 ASHEBORO LN Modesto CA 95357 $45.78 079-018-015-000 SMITH MILLER VELTRENA 3528 ASHEBORO LN Modesto CA 95357 $45.78 079-018-016-000 TAYLOR RICHARD N & JILL B 3532 ASHEBORO LN Modesto CA 95357 $45.78 079-018-017-000 CUMMINGS ANNIE 3536 ASHEBORO LN Modesto CA 95357 $45.78 079-018-018-000 MAGANA ALMA V CHAVEZ 3540 ASHEBORO LN Modesto CA 95357 $45.78 079-018-019-000 ATTA DAVID Z 3544 ASHEBORO LN Modesto CA 95357 $45.78 079-018-020-000 GOMEZ ALICIA TR 3600 ASHEBORO LN Modesto CA 95357 $45.78 079-018-021-000 DELIMA REANNA L ET AL 3604 ASHEBORO LN Modesto CA 95357 $45.78 079-018-022-000 MURCH PAUL WILLIAM & JENNIFER LYNN 3608 ASHEBORO LN Modesto CA 95357 $45.78 079-018-023-000 RODRIGUEZ ERIK ET AL 3612 ASHEBORO LN Modesto CA 95357 $45.78 079-018-024-000 MADAYAG CATANA TR 3616 ASHEBORO LN Modesto CA 95357 $45.78 079-018-025-000 MENDEZ HECTOR VALADEZ 3620 ASHEBORO LN Modesto CA 95357 $45.78 #14..
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Fee Parcel Owner Address City State Zip 2022-23 Ast.
079-018-026-000 CHILDRESS JANET 420 ANSONVILLE LN Modesto CA 95357 $45.78 079-018-027-000 KEM SOKHOM & VANTHA TRS 416 ANSONVILLE LN Modesto CA 95357 $45.78 079-018-028-000 ROMASANTA CHRISTINE M ET AL 412 ANSONVILLE LN Modesto CA 95357 $45.78 079-018-029-000 COODEY BILLY D ET AL TRS 408 ANSONVILLE LN Modesto CA 95357 $45.78 079-018-030-000 PIERCE VALERIE A 404 ANSONVILLE LN Modesto CA 95357 $45.78 079-018-031-000 PANG SUN KIM & LIEV MENG HU TRS 400 ANSONVILLE LN Modesto CA 95357 $45.78 079-018-032-000 VELA J HELIA 409 ANSONVILLE LN Modesto CA 95354 $45.78 079-018-033-000 GOODWIN BEVERLY 3629 EFFINGHAM LN Modesto CA 95357 $45.78 079-018-034-000 STECKMAN CHRIS D & SHARON A TRS 3625 EFFINGHAM LN Modesto CA 95357 $45.78 079-018-035-000 RODRIGUES PRAMILA & LEWIS BERTRAND PAUL 3621 EFFINGHAM LN Modesto CA 95357 $45.78 079-018-036-000 CASTILLO ROBERT 3617 EFFINGHAM LN Modesto CA 95357 $45.78 079-018-037-000 PARKS EDITH T 3613 EFFINGHAM LN Modesto CA 95357 $45.78 079-018-038-000 BRITT SCOTT ALAN 3609 EFFINGHAM LN Modesto CA 95357 $45.78 079-018-039-000 MALIK MOHAMMAD ZAHOOR & NUSRAT NASIM TRS 3605 EFFINGHAM LN Modesto CA 95357 $45.78 079-018-040-000 NIAKAN SIROOS & DEHKORDI ROYA K TRS 3601 EFFINGHAM LN Modesto CA 95357 $45.78 079-018-041-000 EDENS JOHN L & CARYN E 3537 EFFINGHAM LN Modesto CA 95357 $45.78 079-018-042-000 GILLIS PATRICK L 3533 EFFINGHAM LN Modesto CA 95357 $45.78 079-018-043-000 TORRES GINGER LEE 3529 EFFINGHAM LN Modesto CA 95357 $45.78 079-018-044-000 PEREZ ABEL CUEVAS & CANO KLEDY 3525 EFFINGHAM LN Modesto CA 95357 $45.78 079-018-045-000 PLACINTAR MARINELA 3521 EFFINGHAM LN Modesto CA 95357 $45.78 079-018-046-000 CASTILLO ISMAEL ET AL 3517 EFFINGHAM LN Modesto CA 95357 $45.78 079-018-047-000 FAVILA HORTENCIA Y 3513 EFFINGHAM LN Modesto CA 95357 $45.78 079-019-001-000 BEDOY JAVIER & JUDITH M TRS 425 WADDELL WAY Modesto CA 95357 $45.78 079-019-002-000 FLORES ELIAS C & MARIA 421 WADDELL WAY Modesto CA 95357 $45.78 079-019-003-000 REISDORFF HELEN 417 WADDELL WAY Modesto CA 95357 $45.78 079-019-004-000 MEZQUITA PEREZ WILLIAM TR 413 WADDELL WAY Modesto CA 95357 $45.78 079-019-005-000 COFFEY STEVE R & COFFEY ANNE LEE 409 WADDELL WAY Modesto CA 95357 $45.78 079-019-006-000 LARA SAMUEL A & SALINAS ANAHI 405 WADDELL WAY Modesto CA 95357 $45.78 079-019-007-000 YAU KING PO & SU AI CENG 401 WADDELL WAY Modesto CA 95357 $45.78 079-019-008-000 KHOSHABA BANEEBAL W & LAZAR LIZA 400 WADDELL WAY Modesto CA 95357 $45.78 079-019-009-000 CARRASCO GONZALO C & CARRASCO TERESA V 404 WADDELL WAY Modesto CA 95357 $45.78 079-019-010-000 ACOSTA ANTHONY T & ANDREA 408 WADDELL WAY Modesto CA 95357 $45.78 079-019-011-000 LOPEZ MARGARITA 412 WADDELL WAY Modesto CA 95357 $45.78 079-019-012-000 MORALES RODOLFO TRS ET AL 416 WADDELL WAY Modesto CA 95357 $45.78 079-019-013-000 CASTELLO RICHARD M TR 3712 LOUISBURG AVE Modesto CA 95357 $45.78 079-019-014-000 PRASAD HAROLD ROTESH ET AL 3716 LOUISBURG AVE Modesto CA 95357 $45.78 079-019-015-000 LAMBERT STEVEN T & RENATA W 3720 LOUISBURG AVE Modesto CA 95357 $45.78 079-019-016-000 MEJIA MARIO JR 3800 LOUISBURG AVE Modesto CA 95357 $45.78 079-019-017-000 BOWEN CHRISTOPHER T & ANGELA M 3804 LOUISBURG AVE Modesto CA 95357 $45.78 079-019-018-000 GALVAN SALVADOR R 3808 LOUISBURG AVE Modesto CA 95357 $45.78 079-019-019-000 ENGLEMAN ALEXANDER C ET AL TRS 3812 LOUISBURG AVE Modesto CA 95357 $45.78 079-019-020-000 ZARAGOSA ELIZABETH 3816 LOUISBURG AVE Modesto CA 95357 $45.78 079-019-021-000 KIMBROUGH BRUCE & JOANNE M TRS 3820 LOUISBURG AVE Modesto CA 95357 $45.78 079-019-022-000 MICO RICARDO G & MARIA REGINA L 3824 LOUISBURG AVE Modesto CA 95357 $45.78 079-019-023-000 RAMIREZ STANLEY D ET AL 3900 LOUISBURG AVE Modesto CA 95354 $45.78 079-019-024-000 LOUCKS DAVID GEORGE & JOSEFA M TRS 3904 LOUISBURG AVE Modesto CA 95357 $45.78 079-019-025-000 SENGSOURITH PENG & INTHAVONG CHANPHENG 3908 LOUISBURG AVE Modesto CA 95357 $45.78 079-019-026-000 ZAIA SALAM & SHAMOON GINA 3912 LOUISBURG AVE Modesto CA 95357 $45.78 079-019-027-000 CORTES ALEJANDRA ET AL 3916 LOUISBURG AVE Modesto CA 95357 $45.78 079-019-028-000 ROSAS JUAN JR 3920 LOUISBURG AVE Modesto CA 95357 $45.78 079-019-029-000 TRAWICK VERNON R & CLAUDETTE 420 CODINGTON WAY Modesto CA 95357 $45.78 079-019-030-000 LA PLACA SONDRA ET AL 416 CODINGTON WAY Modesto CA 95357 $45.78 079-019-031-000 GALVAN DIEGO 412 CODINGTON WAY Modesto CA 95357 $45.78 079-019-032-000 TORRES JOHN D 408 CODINGTON WAY Modesto CA 95354 $45.78 079-019-033-000 NGUYEN THANH Q TR 3909 WILMINGTON WAY Modesto CA 95357 $45.78 #14..
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Fee Parcel Owner Address City State Zip 2022-23 Ast.
079-019-034-000 OSHANA SAMIR 3905 WILMINGTON WAY Modesto CA 95357 $45.78 079-019-035-000 ALVIZO LETICIA 3901 WILMINGTON WAY Modesto CA 95357 $45.78 079-019-036-000 PHANOUVONG BROOK 3817 WILMINGTON WAY Modesto CA 95357 $45.78 079-019-037-000 GRIFFITH JACK E & GRIFFITH MELINDA D 3813 WILMINGTON WAY Modesto CA 95357 $45.78 079-019-038-000 LEMUS MOISES & SANCHEZ CELIA 3809 WILMINGTON WAY Modesto CA 95357 $45.78 079-019-039-000 KARRAS CHRISTINA CATHLEEN 3805 WILMINGTON WAY Modesto CA 95357 $45.78 079-019-040-000 APPLEBY DOMINIC M & CANDI C 3801 WILMINGTON WAY Modesto CA 95357 $45.78 079-019-041-000 RODRIGUES SILVINO J ET AL 3729 WILMINGTON WAY Modesto CA 95357 $45.78 079-019-042-000 MIJARES CIDRO & CORNELIA 3725 WILMINGTON WAY Modesto CA 95357 $45.78 079-019-043-000 LEFEVRE PETER A TR 3721 WILMINGTON WAY Modesto CA 95357 $45.78 079-019-044-000 RUTSCHOW JOAN A TR 3717 WILMINGTON WAY Modesto CA 95357 $45.78 079-019-045-000 URIBE IRENE 3713 WILMINGTON WAY Modesto CA 95357 $45.78 079-019-046-000 ENRIQUEZ JOHANNA 3709 WILMINGTON WAY Modesto CA 95357 $45.78 079-019-047-000 FICHTEN HOLZ ZINOVY & KANTOR SOPHIA TRS 3705 WILMINGTON WAY Modesto CA 95357 $45.78 079-020-001-000 GONZALES GABRIEL D & GONZALES SHARON 341 WADDELL WAY Modesto CA 95357 $45.78 079-020-002-000 PRASAD KAMLEEH & PRAVIN LATA 337 WADDELL WAY Modesto CA 95357 $45.78 079-020-003-000 MORONES MICHAEL O 333 WADDELL WAY Modesto CA 95357 $45.78 079-020-004-000 OVERWEG DAVID A & CATHIE M TRS 329 WADDELL WAY Modesto CA 95357 $45.78 079-020-005-000 SEY AGNES A 325 WADDELL WAY Modesto CA 95357 $45.78 079-020-006-000 RODRIGUEZ RUBEN G & RODRIGUEZ ROSEMARY 321 WADDELL WAY Modesto CA 95357 $45.78 079-020-007-000 MONSON STEPHEN DERALD TR 3700 VANCEBORO CT Modesto CA 95357 $45.78 079-020-008-000 JOHNSON JAYNE MARIE & LEONARD TEED 3704 VANCEBORO CT Modesto CA 95357 $45.78 079-020-009-000 BROWER PROPERTIES 2 LLC 3708 VANCEBORO CT Modesto CA 95354 $45.78 079-020-010-000 DIRYAWUSH PETER A & NATALIA 3712 VANCEBORO CT Modesto CA 95357 $45.78 079-020-011-000 RUIZ NEMORIO & LIDUVINA 3716 VANCEBORO CT Modesto CA 95357 $45.78 079-020-012-000 MIRELES LAURO ISAAC 3717 VANCEBORO CT Modesto CA 95357 $45.78 079-020-013-000 LEFEVRE PETER A TR 3713 VANCEBORO CT Modesto CA 95357 $45.78 079-020-014-000 KIM EDDIE & KI HYUN 3709 VANCEBORO CT Modesto CA 95357 $45.78 079-020-015-000 GARCIA ANGEL RAMON 3705 VANCEBORO CT Modesto CA 95357 $45.78 079-020-016-000 BRAVO GONZALO & MARIA DE JESUS TRS 3700 WILMINGTON WAY Modesto CA 95357 $45.78 079-020-017-000 ORTIZ LUCILA MORALES 3704 WILMINGTON WAY Modesto CA 95357 $45.78 079-020-018-000 HORSTMAN DAVID 3708 WILMINGTON WAY Modesto CA 95357 $45.78 079-020-019-000 EGBIKUADJE JOHN & LUCKY 3712 WILMINGTON WAY Modesto CA 95357 $45.78 079-020-020-000 CHAND PREM & CHAND BINDRA MATI 3716 WILMINGTON WAY Modesto CA 95357 $45.78 079-020-021-000 CHAN NORMAN NOM & YEH SHERRY HSIN-JU TRS 329 HIGH POINT CT Modesto CA 95357 $45.78 079-020-022-000 GARCIA JOSE H & MARTHA J 325 HIGH POINT CT Modesto CA 95357 $45.78 079-020-023-000 VAN TREASE ROBERT & VAN TREASE PATRICIA K 321 HIGH POINT CT Modesto CA 95357 $45.78 079-020-024-000 TEIXEIRA PATRICIA ET AL 317 HIGH POINT CT Modesto CA 95357 $45.78 079-020-025-000 MARKS STEVEN R 316 HIGH POINT CT Modesto CA 95357 $45.78 079-020-026-000 RAMOS AARON M JR 320 HIGH POINT CT Modesto CA 95357 $45.78 079-020-027-000 JOHNSON ERMELINDA 324 HIGH POINT CT Modesto CA 95357 $45.78 079-020-028-000 YBARRA KIM D & JOHN 328 HIGH POINT CT Modesto CA 95357 $45.78 079-020-029-000 TERESI GUIDO PETER TR 329 MACON CT Modesto CA 95357 $45.78 079-020-030-000 CHACON RAYMOND & CIARA MONIQUE 325 MACON CT Modesto CA 95357 $45.78 079-020-031-000 RAMIREZ MOISES & ROSINA 321 MACON CT Modesto CA 95355 $45.78 079-020-032-000 GIRARD THOMAS F & GIRARD CATRINA 320 MACON CT Modesto CA 95357 $45.78 079-020-033-000 ESCAMILLA AGUSTIN JR & LISA A 324 MACON CT Modesto CA 95357 $45.78 079-020-034-000 DTS & MNT LLC 328 MACON CT Modesto CA 95357 $45.78 079-020-035-000 IBARRA LUIS JR 3908 WILMINGTON WAY Modesto CA 95357 $45.78 079-020-036-000 CORTEZ JOSE DE JESUS & HIDALGO ESMERALDA 400 CODINGTON WAY Modesto CA 95357 $45.78 079-020-037-000 CASTELLANOS RIGOBERTO & MARIA 404 CODINGTON WAY Modesto CA 95357 $45.78 079-021-001-000 CHEA BORAYUTH C & NHEL SOPHANDARY 404 N MC CLURE RD Modesto CA 95354 $45.78 079-021-002-000 SINGH KRISHAN 400 N MC CLURE RD Modesto CA 95357 $45.78 079-021-003-000 MORALES VANESSA & BENJAMIN R 328 N MC CLURE RD Modesto CA 95357 $45.78 079-021-004-000 GREEN JIM & AMY 324 N MC CLURE RD Modesto CA 95357 $45.78 #14..
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Landscape Maintenance Assessment District No. 2
2022-2023 Engineer’s Annual Report Page 14
Fee Parcel Owner Address City State Zip 2022-23 Ast.
079-021-005-000 RODRIGUEZ GABRIEL C & CARRILLO MIREYA 320 N MC CLURE RD Modesto CA 95357 $45.78 079-021-006-000 DEHART ERIC ALAN 317 MELBOURNE DR Modesto CA 95357 $45.78 079-021-007-000 TACKETT MICHAEL DEON & GWENDOLYN SUE TRS 321 MELBOURNE DR Modesto CA 95357 $45.78 079-021-008-000 LIANG JIN & CEN CHUNYAN 325 MELBOURNE DR Modesto CA 95357 $45.78 079-021-009-000 EBERT MONICA 329 MELBOURNE DR Modesto CA 95357 $45.78 079-021-010-000 YAU KING PO ET AL 333 MELBOURNE DR Modesto CA 95357 $45.78 079-021-011-000 COTTRELL STEPHEN M 3512 EFFINGHAM LN Modesto CA 95357 $45.78 079-021-012-000 GONZALES JOHN V & JEANETTE D 3516 EFFINGHAM LN Modesto CA 95357 $45.78 079-021-013-000 ROYSDON JASON J & ANGELA D 3520 EFFINGHAM LN Modesto CA 95357 $45.78 079-021-014-000 MCGILL RICKEY 3524 EFFINGHAM LN Modesto CA 95355 $45.78 079-021-015-000 PRASAD JAG & LITIA 3528 EFFINGHAM LN Modesto CA 95357 $45.78 079-021-016-000 BECERRA JACINTO & BECERRA MARIA 3532 EFFINGHAM LN Modesto CA 95357 $45.78 079-021-017-000 LEE VICTOR & YUNG HSIEN 3536 EFFINGHAM LN Modesto CA 95357 $45.78 079-021-018-000 GUERRERO ESAUL III & SILVEA ANGELA TRS 3600 EFFINGHAM LN Modesto CA 95357 $45.78 079-021-019-000 CASTRO JESUS R & ESTHER M TRS 3604 EFFINGHAM LN Modesto CA 95357 $45.78 079-021-020-000 HERNANDEZ CARMEN C 3608 EFFINGHAM LN Modesto CA 95357 $45.78 079-021-021-000 JALLOH MAMADU 3612 EFFINGHAM LN Modesto CA 95357 $45.78 079-021-022-000 LIV DANNY ET AL 3616 EFFINGHAM LN Modesto CA 95357 $45.78 079-021-023-000 GARZA EULOGIO III & RITA R 3620 EFFINGHAM LN Modesto CA 95357 $45.78 079-021-024-000 DAVIS BASIL 3624 EFFINGHAM LN Modesto CA 95357 $45.78 079-021-025-000 TONTY TERRY L & ROSENTHAL MARK A 3628 EFFINGHAM LN Modesto CA 95357 $45.78 079-021-026-000 WILLIAMS RENEE E TR 3632 EFFINGHAM LN Modesto CA 95357 $45.78 079-021-027-000 GOMEZ ALICIA TR 336 ANSONVILLE LN Modesto CA 95357 $45.78 079-021-028-000 RATTANANAI KAYTHAWEEP 332 ANSONVILLE LN Modesto CA 95357 $45.78 079-021-029-000 GUERRA IRENE 328 ANSONVILLE LN Modesto CA 95357 $45.78 079-021-030-000 KUMAR AMAR 324 ANSONVILLE LN Modesto CA 95357 $45.78 079-021-031-000 MILLER JOSEPH R ET AL 320 ANSONVILLE LN Modesto CA 95357 $45.78 079-021-032-000 FULGAR JOSEPH J & ALICIA R 3633 DOTHAN DR Modesto CA 95357 $45.78 079-021-033-000 DENDULK CHRISTOPHER B & JENIECE N 3629 DOTHAN DR Modesto CA 95357 $45.78 079-021-034-000 COULIBALY LLC 3625 DOTHAN DR Modesto CA 95357 $45.78 079-021-035-000 MORRELL KATHERINE YVONNE 3621 DOTHAN DR Modesto CA 95357 $45.78 079-021-036-000 LOPEZ-ATAYDE ERIC & BLANCA Y 3617 DOTHAN DR Modesto CA 95357 $45.78 079-021-037-000 LIM SOKHEANG 3613 DOTHAN DR Modesto CA 95357 $45.78 079-021-038-000 BEE TAO-CHING & BEE SUE CHEN 3609 DOTHAN DR Modesto CA 95357 $45.78 079-021-039-000 MANGAL SHIU PRASAD ET AL 3605 DOTHAN DR Modesto CA 95357 $45.78 079-021-040-000 RAM SONAL & DIN SHORNIKA 3601 DOTHAN DR Modesto CA 95357 $45.78 079-021-041-000 WILLIAMS LOUISE G TR 3537 DOTHAN DR Modesto CA 95357 $45.78 079-021-042-000 OLIVAREZ ARNOLD & OLIVAREZ DARLENE 3533 DOTHAN DR Modesto CA 95357 $45.78 079-021-043-000 MUSE MARTIN D & OWENS OLIVIA 3529 DOTHAN DR Modesto CA 95350 $45.78 079-021-044-000 CAPPS FRANKLIN J & SUSANN J TRS 3525 DOTHAN DR Modesto CA 95357 $45.78 079-021-045-000 PARRA CARLA 3521 DOTHAN DR Modesto CA 95357 $45.78 079-021-046-000 AHLSTRAND GARY J SR & PAMELA M TRS 3517 DOTHAN DR Modesto CA 95357 $45.78 079-021-047-000 AHLSTRAND GARY J SR & PAMELA M TRS 3513 DOTHAN DR Modesto CA 95357 $45.78 079-022-001-000 LANGI HENRY 316 N MC CLURE RD Modesto CA 95357 $45.78 079-022-002-000 GUZMAN JUAN 312 N MC CLURE RD Modesto CA 95355 $45.78 079-022-003-000 SINGH KRISHAN & KAUR RANJIT 308 N MC CLURE RD Modesto CA 95354 $45.78 079-022-004-000 ARTEAGA RAUL ARTURO & GRACE 304 N MC CLURE RD Modesto CA 95357 $45.78 079-022-005-000 MORALES MARTHA ALICIA ET AL 301 MELBOURNE DR Modesto CA 95357 $45.78 079-022-006-000 ARROYO MARGARITA 305 MELBOURNE DR Modesto CA 95357 $45.78 079-022-007-000 GORGEES ZAKI ET AL 309 MELBOURNE DR Modesto CA 95357 $45.78 079-022-008-000 CRANE CHARLIE 313 MELBOURNE DR Modesto CA 95357 $45.78 079-022-009-000 OCLIAZO LORALIE & JACK 3512 DOTHAN DR Modesto CA 95357 $45.78 079-022-010-000 TORRES ALFREDO & RAQUEL 3516 DOTHAN DR Modesto CA 95357 $45.78 079-022-011-000 PAL PARBIN & ROSHNI 3520 DOTHAN DR Modesto CA 95357 $45.78 079-022-012-000 JAUREGUI PEDRO A & GUADALUPE V TRS 3524 DOTHAN DR Modesto CA 95357 $45.78 #14..
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Landscape Maintenance Assessment District No. 2
2022-2023 Engineer’s Annual Report Page 15
Fee Parcel Owner Address City State Zip 2022-23 Ast.
079-022-013-000 COVARRUBIAS EDLYN ET AL 3528 DOTHAN DR Modesto CA 95357 $45.78 079-022-014-000 SILVERIA TIMOTHY MANUEL & ANDREA 3532 DOTHAN DR Modesto CA 95357 $45.78 079-022-015-000 LUIZINHO CHALIN TR 3536 DOTHAN DR Modesto CA 95357 $45.78 079-022-016-000 CARMONA JOSE F III & FELITA 3600 DOTHAN DR Modesto CA 95357 $45.78 079-022-017-000 KUMAR AMAR 3604 DOTHAN DR Modesto CA 95357 $45.78 079-022-018-000 CHAND ROVINESH & SURJIT K 3608 DOTHAN DR Modesto CA 95357 $45.78 079-022-019-000 CARLSON JOHN HENRY & GAYLEN TRS 3612 DOTHAN DR Modesto CA 95357 $45.78 079-022-020-000 MANZO TERESA & ENRIQUE 3616 DOTHAN DR Modesto CA 95357 $45.78 079-022-021-000 CANELA FRANCISCO J 3620 DOTHAN DR Modesto CA 95357 $45.78 079-022-022-000 JAUREGUI GRISELDA 3624 DOTHAN DR Modesto CA 95357 $45.78 079-022-023-000 OLAGE IRENE A TR 3628 DOTHAN DR Modesto CA 95357 $45.78 079-022-024-000 HERNANDEZ ARMANDO & ANALIA 3632 DOTHAN DR Modesto CA 95357 $45.78 079-022-025-000 FLORES LORRIE MARIE 312 ANSONVILLE LN Modesto CA 95357 $45.78 079-022-026-000 LOPEZ DAVID & LOPEZ IRMA 316 ANSONVILLE LN Modesto CA 95357 $45.78 079-022-029-000 CABELLO FRANCISCO A & CABELLO KAREN MICHELLE 3629 JARENA DR Modesto CA 95354 $45.78 079-022-030-000 QUACH THUY 3625 JARENA DR Modesto CA 95354 $45.78 079-022-031-000 CAMARENA JESUS & ESTHER TRS 3621 JARENA DR Modesto CA 95357 $45.78 079-022-032-000 LOPEZ JOSE & CLAUDIA 3617 JARENA DR Modesto CA 95357 $45.78 079-022-033-000 SANDOVAL IRMA 3613 JARENA DR Modesto CA 00953 $45.78 079-022-034-000 VILLARREAL JOE & VIRGIE 3609 JARENA DR Modesto CA 95357 $45.78 079-022-035-000 KUMAR AMAR 3605 JARENA DR Modesto CA 95357 $45.78 079-022-036-000 GONZALEZ GUADALUPE & GONZALEZ ESPERANZA 3601 JARENA DR Modesto CA 95357 $45.78 079-022-037-000 BOUNPHENG VIENG 3537 JARENA DR Modesto CA 95357 $45.78 079-022-038-000 YU DENISE E ET AL 3533 JARENA DR Modesto CA 95357 $45.78 079-022-039-000 FLORES DANIEL C & DONNA N 3529 JARENA DR Modesto CA 95357 $45.78 079-022-040-000 HEIEN DUANE S & DIK TAZIA M 3525 JARENA DR Modesto CA 95357 $45.78 079-022-041-000 WANG CHAO SHENG & WANG CHIEN LAN 3521 JARENA DR Modesto CA 95357 $45.78 079-022-042-000 GRAY SHERRIE W 3517 JARENA DR Modesto CA 95357 $45.78 079-022-043-000 CHUM LAURA 3513 JARENA DR Modesto CA 95357 $45.78 079-022-045-000 MARKS WESLEY 3633 JARENA DR Modesto CA 95357 $45.78 079-022-046-000 MARKS WESLEY 0 JARENA DR Modesto CA 95357 $45.78 079-023-001-000 KIRK KAITLIN MARY & COURSON MARKACE ALLEN 248 N MC CLURE RD Modesto CA 95357 $45.78 079-023-002-000 KHAN SHAH NAWAZ & ROBINA TRS 244 N MC CLURE RD Modesto CA 95357 $45.78 079-023-003-000 SANTOS FLORENTINO C & MARIA A 240 N MC CLURE RD Modesto CA 95357 $45.78 079-023-004-000 CAMARENA JOSE R & CAMARENA ISABEL C 236 N MC CLURE RD Modesto CA 95357 $45.78 079-023-005-000 SIGHTS KURT H 232 N MC CLURE RD Modesto CA 95357 $45.78 079-023-006-000 ESPITIA ANGEL VALDEZ ET AL 228 N MC CLURE RD Modesto CA 95354 $45.78 079-023-007-000 PEREZ JUAN ALEJANDRE ET AL 224 N MC CLURE RD Modesto CA 95357 $45.78 079-023-008-000 KITRI ESTATES LLC 220 N MC CLURE RD Modesto CA 95357 $45.78 079-023-009-000 AGHASSI ROSHEL 216 N MC CLURE RD Modesto CA 95357 $45.78 079-023-010-000 CRISP JEFF C & CRISP DORTHY 221 MELBOURNE DR Modesto CA 95357 $45.78 079-023-011-000 CHHOEUM LAIHIENG & DONG SOKHA 225 MELBOURNE DR Modesto CA 95357 $45.78 079-023-012-000 SON DARA & MEN MARLEE TRS 229 MELBOURNE DR Modesto CA 95357 $45.78 079-023-013-000 ALIABADI REBKA SHARLOU 233 MELBOURNE DR Modesto CA 95357 $45.78 079-023-014-000 HERNANDEZ JORGE MURILLO & MURILLO ANA P 237 MELBOURNE DR Modesto CA 95357 $45.78 079-023-015-000 AMINSALEHI KAMI 241 MELBOURNE DR Modesto CA 95357 $45.78 079-023-016-000 ALVARADO J JESUS E & GUTIERREZ MARIA ELVIA GUZMAN 245 MELBOURNE DR Modesto CA 95357 $45.78 079-023-017-000 LEW KERN YUEN 249 MELBOURNE DR Modesto CA 95357 $45.78 079-023-018-000 YU LENA XIAO QING 253 MELBOURNE DR Modesto CA 95357 $45.78 079-023-019-000 BEDOY JAVIER & JUDITH M TRS 3512 JARENA DR Modesto CA 95357 $45.78 079-023-020-000 AGUILAR FELIX ET AL 3516 JARENA DR Modesto CA 95357 $45.78 079-023-021-000 WEDEL JERRY LOUIS & LINDA LORRAINE TRS 3520 JARENA DR Modesto CA 95357 $45.78 079-023-022-000 MONTANEZ MAURILLO RODRIGUEZ 3524 JARENA DR Modesto CA 95357 $45.78 079-023-023-000 BEDOY JAVIER & JUDITH M TRS 3528 JARENA DR Modesto CA 95357 $45.78 079-023-024-000 PARTIDA ERIKA LILIANA GUTIERREZ 3532 JARENA DR Modesto CA 95357 $45.78 #14..
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Landscape Maintenance Assessment District No. 2
2022-2023 Engineer’s Annual Report Page 16
Fee Parcel Owner Address City State Zip 2022-23 Ast.
079-023-025-000 VICTORIA ROBERTO 3600 JARENA DR Modesto CA 95357 $45.78 079-023-026-000 PENDENZA REMO ANTHONY ET AL TRS 3604 JARENA DR Modesto CA 95357 $45.78 079-023-027-000 GALLO SANTOS & GALLO FELIPA 3608 JARENA DR Modesto CA 95357 $45.78 079-023-028-000 MALFATTI ANTHONY & RHIANNON 3612 JARENA DR Modesto CA 95357 $45.78 079-023-029-000 LEMOS DUARTE M TR 245 GELF LN Modesto CA 95357 $45.78 079-023-030-000 NARAYAN UMESH ET AL 241 GELF LN Modesto CA 95357 $45.78 079-023-031-000 BANUELOS MARTHA A TR 237 GELF LN Modesto CA 95357 $45.78 079-023-032-000 SILVA RICHARD A TR 233 GELF LN Modesto CA 95357 $45.78 079-023-033-000 NEWMAN SUSAN ET AL 229 GELF LN Modesto CA 95357 $45.78 079-023-034-000 ALFARO JOSE JR ET AL 225 GELF LN Modesto CA 95357 $45.78 079-023-035-000 ACOSTA GARY SIMON TRS & ACOSTA SYLVIA ANN 221 GELF LN Modesto CA 95357 $45.78 079-023-036-000 ESTRADA RICHARD THOMAS & SBRANTI-ESTRADA JOANNE 217 GELF LN Modesto CA 95357 $45.78 079-023-039-000 AGUAYO ESMERALDA LOPEZ 3529 ANNISTON CT Modesto CA 95357 $45.78 079-023-040-000 ROOT ALICIA 3525 ANNISTON CT Modesto CA 95357 $45.78 079-023-041-000 PONTE JOSEPH JOAQUIN JR & PONTE VIRGINIA RUTH 3521 ANNISTON CT Modesto CA 95357 $45.78 079-023-042-000 TOWNSEND DONALD K & JOYCE A TRS 3517 ANNISTON CT Modesto CA 95357 $45.78 079-023-043-000 FAGUNDES ANTONIO L & HAIR JACQUELINE K TRS 3513 ANNISTON CT Modesto CA 95357 $45.78 079-023-044-000 TOWNSEND DONALD K & JOYCE A TRS 3512 HALLSBORO CT Modesto CA 95357 $45.78 079-023-045-000 CHANEY CHRISTOPHER & ALICIA 3516 HALLSBORO CT Modesto CA 95357 $45.78 079-023-046-000 LOBATO JOSE B & LILIANA GUADALUPE 3520 HALLSBORO CT Modesto CA 95357 $45.78 079-023-047-000 PRASAD CHANDRA SEN & DAYA WATI TRS 3524 HALLSBORO CT Modesto CA 95357 $45.78 079-023-048-000 MARTINE MARTIN D & EMERINA TRS 3528 HALLSBORO CT Modesto CA 95357 $45.78 079-023-049-000 SINGH BALWINDER TR 3532 HALLSBORO CT Modesto CA 95357 $45.78 079-023-055-000 BUCK NICOLE R 3529 HALLSBORO CT Modesto CA 95357 $45.78 079-023-056-000 CHEA VAY & CHHIV SOMALY 3525 HALLSBORO CT Modesto CA 95357 $45.78 079-023-057-000 JOHNSON JEFFREY T & JOHNSON SUZANNE T 3521 HALLSBORO CT Modesto CA 95357 $45.78 079-023-058-000 OLENCHALK MOLLY 3517 HALLSBORO CT Modesto CA 95357 $45.78 079-023-059-000 MARTINEZ MARISSA 3513 HALLSBORO CT Modesto CA 95357 $45.78 079-023-060-000 SELLERS CLYDE WAYNE & SHERRY LYNN TRS 240 GELF LN Modesto CA 95357 $45.78 079-023-061-000 BONALES ERIK & LUZ 236 GELF LN Modesto CA 95357 $45.78 079-023-062-000 MORA DELMA & MIGUEL 232 GELF LN Modesto CA 95357 $45.78 079-023-063-000 VYBORNEY VERNON E & VYBORNEY VIRGINIA C 228 GELF LN Modesto CA 95357 $45.78 079-023-064-000 SAALWAECHTER JENNIFER PATRICIA ET AL 224 GELF LN Modesto CA 95357 $45.78 079-023-065-000 LAL NEALE K & ANURADHA 220 GELF LN Modesto CA 95357 $45.78 079-023-066-000 VANDER HEIDE RALPH PETER JR & VANDER HEIDE KATHRYN 216 GELF LN Modesto CA 95357 $45.78 079-023-067-000 RODRIGUEZ MELCHOR M ET AL 3533 ANNISTON CT Modesto CA 95357 $45.78 079-023-068-000 KNOEPFLE RACHEL R 3537 ANNISTON CT Modesto CA 95357 $45.78 079-023-069-000 RODRIGUEZ EDITH E 3536 HALLSBORO CT Modesto CA 95357 $45.78 079-023-070-000 SIMMALY NICK & AM 3540 HALLSBORO CT Modesto CA 95357 $45.78 079-023-071-000 WORLEY PARTICK THOMAS & MCNAUGHTON TIFFANY 3541 HALLSBORO CT Modesto CA 95357 $45.78 079-023-073-000 BOTELLO ALMA C 3533 HALLSBORO CT Modesto 95357 CA $45.78 079-023-075-000 ENOS EDWARD & JUDY 3537 HALLSBORO CT Modesto 95350 CA $45.78 079-024-001-000 LYEK LYSIRI & DAISY 128 N MC CLURE RD Modesto CA 95354 $45.78 079-024-002-000 YAN CAN LIANG & WU JIN LING 132 N MC CLURE RD Modesto CA 95354 $45.78 079-024-003-000 GARCIA DWAYNE & KRISTI 136 N MC CLURE RD Modesto CA 95357 $45.78 079-024-004-000 SULLEN KATHERINE LOUISE ET AL 200 N MC CLURE RD Modesto CA 95357 $45.78 079-024-005-000 ARMSTRONG CHESTER A TR 204 N MC CLURE RD Modesto CA 95357 $45.78 079-024-006-000 SIDHU BALDEV S & MANMOHAN K TRS 208 N MC CLURE RD Modesto CA 95357 $45.78 079-024-007-000 KHETSAVANH AMY S ET AL 212 N MC CLURE RD Modesto CA 95357 $45.78 079-024-008-000 YOUSSEF KHOSHABA & ODISHO THURAYA 217 MELBOURNE DR Modesto CA 95357 $45.78 079-024-009-000 MEJIA ROSA & VIDAL 213 MELBOURNE DR Modesto CA 95357 $45.78 079-024-010-000 PINA-NINO JOSE A ET AL 209 MELBOURNE DR Modesto CA 95357 $45.78 079-024-011-000 GRANT ERIC A & GRANT KAMERA L 205 MELBOURNE DR Modesto CA 95357 $45.78 079-024-012-000 GALAS VINCE N 201 MELBOURNE DR Modesto CA 95357 $45.78 079-024-013-000 BARBOSA MARCELO BERMILLO & MONICLAIR ROAQUIN 3508 BAYBORO DR Modesto CA 95357 $45.78 #14..
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Landscape Maintenance Assessment District No. 2
2022-2023 Engineer’s Annual Report Page 17
Fee Parcel Owner Address City State Zip 2022-23 Ast.
079-024-014-000 ZAMORA VICTOR & ZAMORA VERONICA 3512 BAYBORO DR Modesto CA 95357 $45.78 079-024-015-000 GONZALEZ ANDRES & ESPERANZA 3516 BAYBORO DR Modesto CA 95357 $45.78 079-024-016-000 JORGENSEN FRANK E & MIRIAM M TRS 3520 BAYBORO DR Modesto CA 95357 $45.78 079-024-017-000 GRANT JEFF 3524 BAYBORO DR Modesto CA 95357 $45.78 079-024-018-000 ESTRADA FRANCISCO & ESTRADA JULIA 3528 BAYBORO DR Modesto CA 95357 $45.78 079-024-019-000 CREE DEBORAH J 3600 BAYBORO DR Modesto CA 95357 $45.78 079-024-020-000 COLWELL DONALD SR & COLWELL JO ANN 3604 BAYBORO DR Modesto CA 95357 $45.78 079-024-021-000 BATES RYAN & BUTLER TIFFANY 3608 BAYBORO DR Modesto CA 95357 $45.78 079-024-022-000 WEISS JULIE GRANT 3612 BAYBORO DR Modesto CA 95357 $45.78 079-024-023-000 CW BROWER INC 3616 BAYBORO DR Modesto CA 95357 $45.78 079-024-024-000 BROOKS TODD 3620 BAYBORO DR Modesto CA 95357 $45.78 079-024-025-000 GUERRERO VICENTE ALVARADO 3624 BAYBORO DR Modesto CA 95357 $45.78 079-024-026-000 HEATH SHERRI 200 GELF LN Modesto CA 95357 $45.78 079-024-027-000 PERNICE ERIC & DESIREE 204 GELF LN Modesto CA 95357 $45.78 079-024-028-000 MARRIOTT ANNE K 208 GELF LN Modesto CA 95357 $45.78 079-024-029-000 KARELIN ZENA M 212 GELF LN Modesto CA 95357 $45.78 079-024-030-000 FLORES CESAR J & MAYRA 213 GELF LN Modesto CA 95357 $45.78 079-024-031-000 HADWEH YOUSSEF & SUHEIR 209 GELF LN Modesto CA 95357 $45.78 079-024-032-000 MOU CHRISTINA 3617 BAYBORO DR Modesto CA 95357 $45.78 079-024-033-000 INDIGO Q PROPERTIES LLC 3613 BAYBORO DR Modesto CA 95357 $45.78 079-024-034-000 ESCATEL ERIK SR & CONNIE 3609 BAYBORO DR Modesto CA 95357 $45.78 079-024-035-000 INDIGO Q PROPPERTIES LLC 3605 BAYBORO DR Modesto CA 95357 $45.78 079-024-036-000 BEE TAO CHING & SUE CHEN 3601 BAYBORO DR Modesto CA 95357 $45.78 079-024-037-000 PAL REENA D 3529 BAYBORO DR Modesto CA 95357 $45.78 079-024-038-000 VALDEZ ARTHUR DAVID TRS & VALDEZ ANGELINE 3525 BAYBORO DR Modesto CA 95357 $45.78 079-024-039-000 ZEIGER MIREYA MICHEL 3521 BAYBORO DR Modesto CA 95357 $45.78 079-024-040-000 CARRANZA JOE A ET AL 3517 BAYBORO DR Modesto CA 95357 $45.78 079-024-041-000 JIMENEZ ESTEVAN 3513 BAYBORO DR Modesto CA 95357 $45.78 079-024-042-000 SAMUEL MICHAEL & NIRONA 3512 ANNISTON CT Modesto CA 95357 $45.78 079-024-043-000 RUIZ ADRIAN 3516 ANNISTON CT Modesto CA 95357 $45.78 079-024-044-000 KUMAR RAKESH R & DOREEN V 3520 ANNISTON CT Modesto CA 95357 $45.78 079-024-045-000 JK VALLEY PROPERTIES LLC 3524 ANNISTON CT Modesto CA 95357 $45.78 079-024-046-000 CORREA FRANCISCO J & MURILLO BLANCA J 3528 ANNISTON CT Modesto CA 95357 $45.78 079-024-049-000 RAMIREZ MICHAEL & MARILU 3532 ANNISTON CT Modesto CA 95357 $45.78 079-024-050-000 KNOEPFLE JEFF LLOYD & JAZMIN RENE TRS 3536 ANNISTON CT Modesto CA 95357 $45.78 079-025-005-000 SINGH SARABJEET & LALLY RENUKA 3501 YOSEMITE BLVD Modesto CA 95357 $115.16 079-025-011-000 YOSEMITE AND CREEKWOOD INC 3621 YOSEMITE BLVD Modesto CA 95357 $316.39 079-025-015-000 CYPRESS EQUITIES GROUP III LP 0 CREEKWOOD DR Modesto CA 95357 $2.33 079-025-017-000 BEARDEN ROBERT G TR 3513 YOSEMITE BLVD Modesto CA 95357 $155.87 079-025-018-000 SANDERS DEVELOPMENT 0 YOSEMITE BLVD Modesto CA 95357 $113.99 079-025-019-000 DJLJ LLC 3601 YOSEMITE BLVD Modesto CA 95357 $153.54 079-025-020-000 CYPRESS EQUITIES GROUP III LP 117 CREEKWOOD DR Modesto CA 95357 $607.19 079-026-005-000 MC DONALDS CORP 3801 YOSEMITE BLVD Modesto CA 95357 $137.26 079-026-006-000 LEONG JICK G TR YOSEMITE BLVD #A Modesto CA 95357 $48.85 079-026-007-000 LEONG JICK G TR YOSEMITE BLVD #B Modesto CA 95357 $46.53 079-026-008-000 CREEKWOOD PLAZA LLC YOSEMITE BLVD Modesto CA 95357 $358.27 079-026-009-000 CREEKWOOD PLAZA LLC YOSEMITE BLVD Modesto CA 95357 $37.22 079-026-010-000 CREEKWOOD PLAZA LLC YOSEMITE BLVD Modesto CA 95357 $65.14 079-026-011-000 CREEKWOOD PLAZA LLC 3801 YOSEMITE BLVD #7 Modesto CA 95357 $69.79 079-026-012-000 CREEKWOOD PLAZA LLC YOSEMITE BLVD Modesto CA 95357 $67.47 079-026-013-000 CREEKWOOD PLAZA LLC 3801 YOSEMITE BLVD Modesto CA 95357 $1,481.92 079-026-014-000 PALLIOS ENTERPRISES 3801 YOSEMITE BLVD Modesto CA 95357 $316.39 079-027-001-000 ESPINOZA EVERADO & MARIA LUZ 3701 JULENE DR Modesto CA 95357 $45.78 079-027-002-000 BERGSTROM ROBERT E TR 3705 JULENE DR Modesto CA 95357 $45.78 079-027-003-000 QUINTERO IVAN & HEATHER 3709 JULENE DR Modesto CA 95357 $45.78 #14..
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Landscape Maintenance Assessment District No. 2
2022-2023 Engineer’s Annual Report Page 18
Fee Parcel Owner Address City State Zip 2022-23 Ast.
079-027-004-000 GREWAL MANMEET & JASKIRAN TRS 3713 JULENE DR Modesto CA 95357 $45.78 079-027-005-000 VILLALPANDO HERIBERTO & ROSA 3717 JULENE DR Modesto CA 95357 $45.78 079-027-006-000 GALLO ROSALIA 3721 JULENE DR Modesto CA 95357 $45.78 079-027-007-000 SRSV GROUP LLC 3725 JULENE DR Modesto CA 95353 $45.78 079-027-008-000 GUDIEL JORGE G & MIRNA 3801 JULENE DR Modesto CA 95357 $45.78 079-027-009-000 ADAIR KENNETH L TR 3805 JULENE DR Modesto CA 95357 $45.78 079-027-010-000 MAKASYUK GUADALUPE 3809 JULENE DR Modesto CA 95357 $45.78 079-027-011-000 STEWART TRICIA 3813 JULENE DR Modesto CA 95357 $45.78 079-027-012-000 GIRTON BROOKS C 3817 JULENE DR Modesto CA 95357 $45.78 079-027-013-000 TERRA MATTHEW ET AL 3821 JULENE DR Modesto CA 95358 $45.78 079-027-014-000 CASTILLO ANGELICA 3825 JULENE DR Modesto CA 95357 $45.78 079-027-015-000 DELAO-ARREOLA MANUEL DE JESUS 3901 JULENE DR Modesto CA 95357 $45.78 079-027-016-000 AWARD PROPERTIES 3905 JULENE DR Modesto CA 95357 $45.78 079-027-017-000 GUPTILL CAROLYN S 3909 JULENE DR Modesto CA 95357 $45.78 079-027-018-000 YOUNAN ALBERT M ET AL 3913 JULENE DR Modesto CA 95354 $45.78 079-027-019-000 BURCIU VASILE & TABITA 3908 JULENE DR Modesto CA 95355 $45.78 079-027-020-000 KANNO JANET 3900 JULENE DR Modesto CA 95357 $45.78 079-027-021-000 MUNOZ RUFINO O & REYNALDA 232 ANASTASIA DR Modesto CA 95357 $45.78 079-027-022-000 URY TRACY L TR 228 ANASTASIA DR Modesto CA 95357 $45.78 079-027-023-000 NIELSEN MARK C 224 ANASTASIA DR Modesto CA 95357 $45.78 079-027-024-000 TINOCO REBECCA K 220 ANASTASIA DR Modesto CA 95357 $45.78 079-027-025-000 SARDAR CAPITAL LLC 216 ANASTASIA DR Modesto CA 95357 $45.78 079-027-026-000 AQUINO NESTOR JOSE P & AQUINO LUCILLE J 212 ANASTASIA DR Modesto CA 95357 $45.78 079-027-027-000 SCANLAN MARY A ET AL 208 ANASTASIA DR Modesto CA 95354 $45.78 079-027-028-000 MEZA LIZETTE SERRANO ET AL 204 ANASTASIA DR Modesto CA 95357 $45.78 079-027-029-000 MENDOZA KARINA 200 ANASTASIA DR Modesto CA 95357 $45.78 079-027-030-000 CARR RACHEL 3824 TROON PL Modesto CA 95357 $45.78 079-027-031-000 ACUNA-ZAMORA JESUS 3820 TROON PL Modesto CA 95357 $45.78 079-027-032-000 MONTANEZ DANIEL 3816 TROON PL Modesto CA 95357 $45.78 079-027-033-000 GIRALDES VINCENT ROBERT & ANGELA 3812 TROON PL Modesto CA 95357 $45.78 079-027-034-000 OROZCO EDUARDO & LOPEZ CELIA LIZETH HURTADO 3808 TROON PL Modesto CA 95357 $45.78 079-027-035-000 AGUINIGA LINDA L ET AL 3804 TROON PL Modesto CA 95357 $45.78 079-027-036-000 DELEON GUSTAVO MUNOZ & MEDINA ARIANA CERVANTES 3800 TROON PL Modesto CA 95357 $45.78 079-027-037-000 VALDEZ ARTHUR DAVID TRS & VALDEZ ANGELINE 3724 TROON PL Modesto CA 95357 $45.78 079-027-038-000 SIDHU BALDEV S & MANMOHAN K TRS 3720 TROON PL Modesto CA 95357 $45.78 079-027-039-000 VEGA JUAN MANUEL 3716 TROON PL Modesto CA 95357 $45.78 079-027-040-000 CHAND VIJAY ET AL 3712 TROON PL Modesto CA 95357 $45.78 079-027-041-000 SANCHEZ NOEMI 3708 TROON PL Modesto CA 95357 $45.78 079-027-042-000 CHAVEZ RAFAEL & MENDOZA ROSA M 3704 TROON PL Modesto CA 95357 $45.78 079-027-043-000 VERDUGO BRENDON J & YESENIA 3700 TROON PL Modesto CA 95357 $45.78 079-027-044-000 NAIR RAJESH & PADMANI UMA 201 RECTOR LN Modesto CA 95357 $45.78 079-027-045-000 SCHEID MICHAEL D & SCHEID MARILYN J 205 RECTOR LN Modesto CA 95357 $45.78 079-027-046-000 RODRIGUEZ SALVADOR & MONIQUE 209 RECTOR LN Modesto CA 95351 $45.78 079-027-047-000 HOLLAND DARRELL 213 RECTOR LN Modesto CA 95357 $45.78 079-027-048-000 OBI TINA 217 RECTOR LN Modesto CA 95357 $45.78 079-027-049-000 DAVIS NICK 221 RECTOR LN Modesto CA 95357 $45.78 079-027-050-000 SABINIANO MARION N 3700 JULENE DR Modesto CA 95357 $45.78 079-027-051-000 TRISTAN ROGER ISAIAH & NATIVIDAD VIGIL 3704 JULENE DR Modesto CA 95357 $45.78 079-027-052-000 CHAND ATISH & REENA D 3708 JULENE DR Modesto CA 95357 $45.78 079-027-053-000 SCHAFFNER-BONHAM TIMOTHY & REBECCA 3712 JULENE DR Modesto CA 95357 $45.78 079-027-054-000 MIRANDA CARMEN ET AL 3716 JULENE DR Modesto CA 95357 $45.78 079-027-055-000 CHANHMISAY KEVIN S & TIFFANIE 3720 JULENE DR Modesto CA 95357 $45.78 079-027-056-000 DOUGLAS MARY G 3724 JULENE DR Modesto CA 95357 $45.78 079-027-057-000 ANAYA EFRAIN FERNANDEZ & FERNANDEZ ANJELITA 3800 JULENE DR Modesto CA 95357 $45.78 079-027-058-000 GALLO SANTOS & GALLO FELIPA A 3804 JULENE DR Modesto CA 95357 $45.78 #14..
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Landscape Maintenance Assessment District No. 2
2022-2023 Engineer’s Annual Report Page 19
Fee Parcel Owner Address City State Zip 2022-23 Ast.
079-027-059-000 OCHOA MARIO A & ROBLES LUZ D 3808 JULENE DR Modesto CA 95357 $45.78 079-027-060-000 BLANAS FRANK G 3812 JULENE DR Modesto CA 95357 $45.78 079-027-061-000 REINEKE SANDRA K 3816 JULENE DR Modesto CA 95357 $45.78 079-027-062-000 VILLANUEVA ENRIQUE J & REYES MIGUEL A JERONIMO 3820 JULENE DR Modesto CA 95357 $45.78 079-027-063-000 HESKEL FRAIDON PAUL 3825 JARENA DR Modesto CA 95357 $45.78 079-027-064-000 RAYGOZA JOSE H JR TR 3821 JARENA DR Modesto CA 95357 $45.78 079-027-065-000 DHESI PARVINDER & KIRANJIT 3817 JARENA DR Modesto CA 95357 $45.78 079-027-066-000 HAMMONDS THEDFORD J 3813 JARENA DR Modesto CA 95357 $45.78 079-027-067-000 FRIEDE SUKANTLA 3809 JARENA DR Modesto CA 95357 $45.78 079-027-068-000 GUERRERO ANTHONY & GUERRERO DEBORAH 3805 JARENA DR Modesto CA 95357 $45.78 079-027-069-000 ABOK MAWULE K & ALIMA A 3801 JARENA DR Modesto CA 95357 $45.78 079-027-070-000 CHAND ATISH & CHAND REENA 3725 JARENA DR Modesto CA 95357 $45.78 079-027-071-000 HAMILTON DAWN J 3721 JARENA DR Modesto CA 95357 $45.78 079-027-072-000 CHANDRA KAVITA RAGINI 3717 JARENA DR Modesto CA 95357 $45.78 079-027-073-000 NAVA MARGARITA ET AL 3713 JARENA DR Modesto CA 95357 $45.78 079-027-074-000 CHAND RAJ RATTAN RAMRAKHA TR 3709 JARENA DR Modesto CA 95354 $45.78 079-027-075-000 GALLO SANTOS & FELIPA A 3705 JARENA DR Modesto CA 95357 $45.78 079-027-076-000 KOMMAVONG BOUNKONG & PHILAVONG ALING 3701 JARENA DR Modesto CA 95357 $45.78 079-027-077-000 BRUHN JULEE 213 ANASTASIA DR Modesto CA 95354 $45.78 079-027-078-000 RIOS NORMA M & TELLEZ MAYORAL ALONSO 3812 JARENA DR Modesto CA 95357 $45.78 079-027-079-000 SIERRA JOSE M & RIOS LUSILA 3808 JARENA DR Modesto CA 95357 $45.78 079-027-080-000 PRESINAL ERIX ALBERTO & NORMA EDITH 3804 JARENA DR Modesto CA 95357 $45.78 079-027-081-000 LOPEZ LISANDRO ET AL 3800 JARENA DR Modesto CA 95357 $45.78 079-027-082-000 RODRIGUEZ CURTIS LEE & HEIDI P 3724 JARENA DR Modesto CA 95357 $45.78 079-027-083-000 MEDINA RAMON 3720 JARENA DR Modesto CA 95354 $45.78 079-027-084-000 KNAUS SVETLANA 3716 JARENA DR Modesto CA 95357 $45.78 079-027-085-000 KISARA SRINIVAS RAO & GEETHA S TRS 3712 JARENA DR Modesto CA 95357 $45.78 079-027-086-000 NEVAREZ ROXANA 220 RECTOR LN Modesto CA 95357 $45.78 079-027-087-000 BAILEY GUY E & BAILEY DONNA M 212 RECTOR LN Modesto CA 95357 $45.78 079-027-088-000 TROTTIER MARTIN & MELINDA 208 RECTOR LN Modesto CA 95319 $45.78 079-027-089-000 MESSER KEVIN & KAREN 3717 TROON PL Modesto CA 95357 $45.78 079-027-090-000 ORTEGON ALFRED LEE & TAMLYN Y 3721 TROON PL Modesto CA 95357 $45.78 079-027-091-000 AMERICAN RESIDENTIAL PROPERTIES OP L P 3725 TROON PL Modesto CA 95357 $45.78 079-027-092-000 GARCIA JUAN & CARMEN A 3801 TROON PL Modesto CA 95357 $45.78 079-027-093-000 WIERZBICKI JANE K 3805 TROON PL Modesto CA 95354 $45.78 079-027-094-000 PACHECO TIFFANY & WALTER 3809 TROON PL Modesto CA 95357 $45.78 079-027-095-000 LOPEZ ISAIAS & HIDIEJO 3813 TROON PL Modesto CA 95357 $45.78 079-027-096-000 BAKUS LAUREN N 3817 TROON PL Modesto CA 95357 $45.78 079-027-097-000 AGRESTI DEBRA MARIE CREEKWOOD DR Modesto CA 92658 $113.99 079-028-001-000 MCNALLY STEVE 205 SENTINEL DR Modesto CA 95357 $45.78 079-028-002-000 TEIXEIRA TERRY 201 SENTINEL DR Modesto CA 95357 $45.78 079-028-003-000 BARRAGAN BENJAMIN M & BARRAGAN IMELDA R 121 SENTINEL DR Modesto CA 95357 $45.78 079-028-004-000 AWARD PROPERTIES LLC 117 SENTINEL DR Modesto CA 95357 $45.78 079-028-005-000 HAWKINS TROY R 113 SENTINEL DR Modesto CA 95357 $45.78 079-028-006-000 FARNON AARON D & FARNON LINDA M 109 SENTINEL DR Modesto CA 95357 $45.78 079-028-007-000 NAVA YOLANDA GALLO 105 SENTINEL DR Modesto CA 95357 $45.78 079-028-008-000 MICHAEL LAVINIA 101 SENTINEL DR Modesto CA 95357 $45.78 079-028-009-000 SHOOK TIMOTHY 3900 EL PORTAL PL Modesto CA 95357 $45.78 079-028-010-000 ROCHA JOSE JESUS & PARADA MARIA ELVA TRUJILLO 3904 EL PORTAL PL Modesto CA 95357 $45.78 079-028-011-000 PONS-LANGLOT ALFRED 3908 EL PORTAL PL Modesto CA 95357 $45.78 079-028-012-000 JOHNSON JOHN R & HUNTER KELLY N 3912 EL PORTAL PL Modesto CA 95357 $45.78 079-028-013-000 GONZALES JAVIER III ET AL 3916 EL PORTAL PL Modesto CA 95357 $45.78 079-028-014-000 HUIHUI JOSEPH FREDERICK 3920 EL PORTAL PL Modesto CA 95357 $45.78 079-028-015-000 DURAN ROBERT JR & MELANIE JT 3924 EL PORTAL PL Modesto CA 95357 $45.78 079-028-016-000 BURCIU VASILE & TABITA 3928 EL PORTAL PL Modesto CA 95357 $45.78 #14..
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Landscape Maintenance Assessment District No. 2
2022-2023 Engineer’s Annual Report Page 20
Fee Parcel Owner Address City State Zip 2022-23 Ast.
079-028-017-000 WONG MAY TR 3932 EL PORTAL PL Modesto CA 95357 $45.78 079-028-018-000 ARELLANA-BARAJAS AIME GUADALUPE ET AL 3933 EL PORTAL PL Modesto CA 95357 $45.78 079-028-019-000 PRITCHARD INVESTMENTS LLC 3929 EL PORTAL PL Modesto CA 95357 $45.78 079-028-020-000 CABRAL ANA M 3925 EL PORTAL PL Modesto CA 95357 $45.78 079-028-021-000 VIERRA JAMES 3921 EL PORTAL PL Modesto CA 95357 $45.78 079-028-022-000 BOULTON BILL G & CORINE 3917 EL PORTAL PL Modesto CA 95357 $45.78 079-028-023-000 MARTIN JEFFREY TR 3913 EL PORTAL PL Modesto CA 95357 $45.78 079-028-024-000 REED NANCY R & JOHNNY E 3909 EL PORTAL PL Modesto CA 95357 $45.78 079-028-025-000 RODRIGUEZ MICHAEL JAMES 3900 WESTFALL LN Modesto CA 95357 $45.78 079-028-026-000 TANNER TOMMIE G & GRACIE L TRS 3904 WESTFALL LN Modesto CA 95357 $45.78 079-028-027-000 CARRILLO SALINA M 3908 WESTFALL LN Modesto CA 95357 $45.78 079-028-028-000 SOUPHAVONG BOUATHONG 3912 WESTFALL LN Modesto CA 95357 $45.78 079-028-029-000 WU WAN BEN 3916 WESTFALL LN Modesto CA 95357 $45.78 079-028-030-000 HERNANDEZ JOSE J & CASTRO GAVY 3920 WESTFALL LN Modesto CA 95350 $45.78 079-028-031-000 CAPISTRAN JUAN & BARRAGAN ELISA 3924 WESTFALL LN Modesto CA 95357 $45.78 079-028-032-000 YOUNGER ROGER COLEMAN & LAURA JEAN TRS 3925 WESTFALL LN Modesto CA 95357 $45.78 079-028-033-000 SORIA PEDRO & GUTIERREZ YARELI 3921 WESTFALL LN Modesto CA 95357 $45.78 079-028-034-000 RODRIGUEZ JAIME LOPEZ & CORONA MARIA ZAVALA 3917 WESTFALL LN Modesto CA 95357 $45.78 079-028-035-000 HUEY JIMMY WING TR ET AL 3913 WESTFALL LN Modesto CA 95357 $45.78 079-028-036-000 BARRAGAN JESSE & BARRAGAN OLIVIA T 3909 WESTFALL LN Modesto CA 95357 $45.78 079-028-037-000 OCHOA PAULO & MENDOZA MARIA DE JESUS 3901 WESTFALL LN Modesto CA 95357 $45.78 079-028-040-000 VILLEGAS MARIE TR 3936 EL PORTAL PL Modesto CA 95357 $45.78 079-028-041-000 JOHNSON LENDALL 257 SENTINEL DR Modesto CA 95357 $45.78 079-028-042-000 BUSTAMANTE GONZALO JR ET AL 253 SENTINEL DR Modesto CA 95355 $45.78 079-028-043-000 VICTORINO CHRISTOPHER J & KRISTI M 249 SENTINEL DR Modesto CA 95357 $45.78 079-028-044-000 ALARCON MARTIN JR 245 SENTINEL DR Modesto CA 95357 $45.78 079-028-045-000 CORTEZ DAVID 241 SENTINEL DR Modesto CA 95357 $45.78 079-028-046-000 FRIAS VERONICA 237 SENTINEL DR Modesto CA 95357 $45.78 079-028-047-000 ALBERTO SILVIA 233 SENTINEL DR Modesto CA 95357 $45.78 079-028-048-000 YOUNGER RONALD & YOUNGER LYDIA 229 SENTINEL DR Modesto CA 95357 $45.78 079-028-049-000 RODRIGUEZ SATURNINO ARIAS & DELGADILLO IRMA RAMI 225 SENTINEL DR Modesto CA 95357 $45.78 079-028-050-000 ATKINS DEBRA MICHELLE 221 SENTINEL DR Modesto CA 95357 $45.78 079-028-051-000 HINISH LONNIE O & PAMELA K TRS 217 SENTINEL DR Modesto CA 95357 $45.78 079-028-052-000 HERNANDEZ DAVID ANTONIO ET AL 213 SENTINEL DR Modesto CA 95357 $45.78 079-028-053-000 ZAMORA ANTONIO S & ZAMORA MARIA A 209 SENTINEL DR Modesto CA 95357 $45.78 079-028-054-000 MILLER MALONNIE 212 SENTINEL DR Modesto CA 95357 $45.78 079-028-055-000 COSTA JOE & COSTA MARY 216 SENTINEL DR Modesto CA 95357 $45.78 079-028-056-000 CORREIA ADRIANA M 228 SENTINEL DR Modesto CA 95357 $45.78 079-028-057-000 RUDDICKS LAWRENCE V & DIEDRE M 236 SENTINEL DR Modesto CA 95357 $45.78 079-028-058-000 WERNER MARIEL C ET AL 240 SENTINEL DR Modesto CA 95357 $45.78 079-028-059-000 HANNINK DOUG & KATHY TRS 244 SENTINEL DR Modesto CA 95350 $45.78 079-028-060-000 GARCIA NICHOLE 3905 SENTINEL CT Modesto CA 95357 $45.78 079-028-061-000 NORTON STANLEY W & LAURIE TRS 3908 SENTINEL CT Modesto CA 95357 $45.78 079-028-062-000 CIBRIAN EFRAIN ET AL 3904 SENTINEL CT Modesto CA 95357 $45.78 079-028-065-000 BROWN TANYA M 313 YOSEMITE MEADOWS DR Modesto CA 95357 $45.78 079-028-066-000 BOSMA KRISTI K 309 YOSEMITE MEADOWS DR Modesto CA 95357 $45.78 079-028-067-000 TOSTADO DANYELL 305 YOSEMITE MEADOWS DR Modesto CA 95357 $45.78 079-028-068-000 CISNEROS HEBER & CISNEROS ROSALINA 301 YOSEMITE MEADOWS DR Modesto CA 95357 $45.78 079-028-070-000 TOMA TITANIA Y 241 YOSEMITE MEADOWS DR Modesto CA 95357 $45.78 079-028-071-000 NAVARRO RUBEN 237 YOSEMITE MEADOWS DR Modesto CA 95357 $45.78 079-028-072-000 LAGAN JASON 233 YOSEMITE MEADOWS DR Modesto CA 95357 $45.78 079-028-073-000 HARDIN MIKE A 229 YOSEMITE MEADOWS DR Modesto CA 95357 $45.78 079-028-074-000 KAUR DALBIR TR 225 YOSEMITE MEADOWS DR Modesto CA 95357 $45.78 079-028-075-000 PADILLA RODRIGO 221 YOSEMITE MEADOWS DR Modesto CA 95357 $45.78 079-028-076-000 VELASCO CARLOS 217 YOSEMITE MEADOWS DR Modesto CA 95357 $45.78 #14..
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Landscape Maintenance Assessment District No. 2
2022-2023 Engineer’s Annual Report Page 21
Fee Parcel Owner Address City State Zip 2022-23 Ast.
079-028-077-000 SOTO GILBERTO & SOTO MARIA 213 YOSEMITE MEADOWS DR Modesto CA 95357 $45.78 079-028-078-000 GREANEY KEVIN A & LUCERITO 209 YOSEMITE MEADOWS DR Modesto CA 95357 $45.78 079-028-079-000 MEDINA TERESA M & MENDOZA LIBERATO 3929 WESTFALL LN Modesto CA 95357 $45.78 079-028-080-000 SUMTER JASON ET AL 3928 WESTFALL LN Modesto CA 95357 $45.78 079-028-081-000 NAVARRO JOSE R 3937 EL PORTAL PL Modesto CA 95357 $45.78 #14..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

June 28, 2022
Date: June 6, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community and Economic Development SUBJECT: Fiscal Year 2022-23 Annual Assessment for the Shackelford Landscape and Lighting District
CONTACT: Jessica Hill, Community Development Manager
[email protected], 209-577-5211
DESCRIPTION:

Hearing to consider approving the Fiscal Year 2022-23 diagram and annual assessment, and ordering the levy and collection of charges within the Shackelford Landscape and Lighting District. (Funding Source: Shackelford Landscape and Lighting District) STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The Shackelford Landscape and Lighting District (Shackelford LLD) was formed by Stanislaus County on June 29, 1999 in accordance with the Streets and Highways Code Sections 22500 through 22679, more commonly known as the Landscape and Lighting Act of 1972 (the Act).

The Shackelford LLD provides funding for the maintenance and service of seventy-seven (77) 200-watt high-pressure sodium street lights located within its boundaries. On April 24, 2012, by Resolution No. 2012-142 Council approved the jurisdictional transfer of the Shackelford LLD from Stanislaus County to the City. The City assumed full responsibility of the Shackelford LLD on July 1, 2012. A boundary map is provided as Attachment 2.

Section 22620 et. seq. of the Act requires the legislative body (the City Council) to take the following actions prior to August 10th of each year:

1. Adopt a resolution which generally describes any proposed new improvements or any substantial changes in existing improvements and orders the preparation and filing of the report (Engineer’s Annual Report). This action was taken by the City Council on February 8, 2022 by Resolution No. 2022-82.
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City Council, June 28, 2022
Fiscal Year 2022-23 Annual Assessment for the
Shackelford Landscape and Lighting District

Page 2 of 3 ends

2. Adopt a resolution approving the Engineer’s Annual Report as submitted or as modified by the legislative body. This action was taken by the City Council on April 12, 2022 by Resolution No. 2022-184.

3. Adopt a resolution of intention to levy and collect assessments within the assessment district for the fiscal year. This action was taken by the City Council on April 12, 2022 by Resolution No. 2022-184.

4. Conduct a public hearing.

5. Adopt a resolution confirming the diagram and assessment as originally proposed or as changed by the legislative body.

DISCUSSION:

All costs for the Shackelford LLD are paid by the assessments levied on each property within the assessment area.

The City Clerk gave notice of the public hearing by publishing the appropriate notice in the Modesto Bee on June 17, 2022. All interested persons will be afforded an opportunity to be heard during the public hearing. Should there be any protests, whether written or oral, the Council may choose to continue the hearing to a later date and/or may change any part of the Annual Engineer’s Report to address the concerns of the property owner(s).

FISCAL IMPACT:

In Fiscal Year 2021-22, the total assessment levied was $29,588, while its projected expenses are $31,568.

The projected expenses for Fiscal Year 2022-23 are $28,799. The proposed annual assessment for Fiscal Year 2022-23 is $30,262.44 (494 parcels at $61.25 per parcel). The excess revenue is deposited into a reserve fund for Shackelford LLD. The assessment rate will increase by 2% for Fiscal Year 2022-23 Expenses include maintenance of and utility bills for seventy-seven (77) street lights as well as City staff time. It is the expectation that all expenses for the Shackelford LLD will be paid by the assessments levied on properties within the Shackelford LLD.

Each year the annual assessment uses a standard formula to calculate its fees: estimated operation and maintenance costs for the current year minus the fund balance from previous year and estimated property tax revenue for current year plus number of benefitting parcels in the district and $1.50 per parcel administrative charge.

COMMITTEE RECOMMENDATION:

This item is an annual report, and was not presented to a Council Committee. #15..
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City Council, June 28, 2022
Fiscal Year 2022-23 Annual Assessment for the
Shackelford Landscape and Lighting District

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RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Fiscal Year 2022-23 diagram and annual assessment, and ordering the levy and collection of charges within the Shackelford Landscape and Lighting District.

Approved by:

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

1. Resolution

2. Boundary Map

3. 2022-23 Engineer’s Annual Report
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C&ED/Hill/06-28-22 1 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION APPROVING THE FISCAL YEAR 2022-23 DIAGRAM AND

ANNUAL ASSESSMENT, AND ORDERING THE LEVY AND COLLECTION

OF CHARGES WITHIN THE SHACKELFORD LANDSCAPE AND LIGHTING

DISTRICT
WHEREAS, on April 12, 2022, by Resolution No. 2022-184, Council declared its intent to levy charges or assessments for the purpose of administering the maintenance of seventy-seven 200-watt high pressure sodium street lights in the Shackelford Landscape and Lighting District under the provisions of California Streets and Highways Code Sections 22500 through 22679, more commonly known as the Landscape and Lighting Act of 1972, and
WHEREAS, the charges against the real property are not levied with regard to property values but rather by allocated cost reports prepared by the Engineer of Work, and
WHEREAS, a public hearing was held on June 28, 2022, and WHEREAS, an assessment rate increase of 2% was added to the Shackelford Landscape and Lighting District, and
WHEREAS, each year the annual assessment uses a standard formula to calculate its fees: estimated operation and maintenance costs for the current year minus the fund balance from previous year and estimated property tax revenue for current year plus number of benefitting parcels in the district and $1.50 per parcel administrative charge, and
WHEREAS, the City of Modesto has determined and certifies that the charges are either exempt from or in compliance with all the provisions of Proposition 218, which #15..
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C&ED/Hill/06-28-22 2 2022-
was passed by the voters in November 1996. The City of Modesto has further determined the charges are in compliance with all laws pertaining to the levy of such charges.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it orders the levy and collection of such charges as specified in the approved Engineer’s Annual Report within City of Modesto Shackelford Landscape and Lighting District for Fiscal Year 2022-23, and in each subsequent fiscal year in which the charges may validly be levied; that a certified copy of this resolution and attached documentation shall be delivered to the Auditor-Controller of the County of Stanislaus for placement of such charges on the 2022-23 County Tax Roll, and in each subsequent fiscal year in which the charges may validly be levied.

BE IT FURTHER RESOLVED that the diagram of said assessment district, attached hereto, and amount of levy thereon is hereby confirmed.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 28th day of June, 2022, by Councilmember ?, who moved its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following votes:

AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ATTEST: ____________________________________
DIANE NAYARES-PEREZ, CMC, City Clerk
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C&ED/Hill/06-28-22 3 2022-
(SEAL)
APPROVED AS TO FORM:

By: ____________________________________
JOSE M. SANCHEZ, City Attorney
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TID LATERAL NO 1
HWY 99

MAIN ST

E HATCH RD

ALAMO AVE
S 7TH ST

PECOS AVE

CROWS LANDING RD

EL PASO AVE

SANTA FE AVE

BOULDER AVE

RIO GRANDE AVE

BOWIE AVE

PUEBLO AVE

SCHOOL AVE

BAROZZI AVE

ZEFF RD

BROADWAY AVE
S 9TH ST
JIM WY
N HWY 99 (ON RAMP)

CROCKETT AVE
N HWY 99 (OFF RAMP)

JANOPAUL AVE

RITA CT

LITA CT
HWY 99
Assessment District Diagram
Shackelford Landscape and Lighting District
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Feet
Date: 1/6/2022
Document Path: K:\Projects\Maintenance\Mxd\landscape-Shackelford-20220106.mxd #15..
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Shackelford Landscape and Lighting District
2022-2023 Engineer’s Annual Report Page 1

TABLE OF CONTENTS

SECTION TITLE
I. History
II. Annual Assessment Review & Summary
III. Financials – Annual Assessment Revenue & Maintenance Expense Projections
IV. Maintenance & Plan Specifications
V. Annual Assessment District Diagram
VI. Annual Assessment List by Parcel & Property Owner
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Shackelford Landscape and Lighting District
2022-2023 Engineer’s Annual Report Page 2

SECTION I HISTORY
On June 29, 1999, the Shackelford Landscape and Lighting District (“Shackelford LLD”) was formed in accordance with the Landscape and Lighting Act of 1972 (California Streets and Highway Code §22500 through §22679) (“the Act”) to install and maintain streetlights to deter crime, promote traffic safety, and aid law enforcement officers. All costs for the Shackelford LLD are funded by the annual assessments levied on each property within the district. The Act requires several courses of action on the part of City staff and City Council prior to August 10th of each year.

The Act initially requires the City Council to order, prepare, and file an Engineer’s Annual Report for the City Council. This report is prepared for the purpose of detailing the plans and specifications for the maintenance, operation, and servicing of the District, including, but not limited to the materials, equipment, labor, and administrative expenses. The following services maintain facilities and improvements provided by the District as a special benefit to the parcel owners within the District; the cost of the services is paid entirely by the assessments levied by the District:
• Payment to local utility company for monthly power costs of energizing street lights in the District
• Payment to local utility company for maintenance of street lights in the District that the utility company owns (usually those lights that are mounted on wooden poles)
• Maintenance provided by the City of Modesto for street lights in the District that are owned by the City of Modesto (usually those lights that are mounted on steel poles)
Upon City Council’s approval of the Engineer’s Annual Report, the City Council adopts a resolution declaring its intent to levy and collect assessments within the Shackelford LLD for the following fiscal year and schedules a public hearing. This public hearing and proposed resolution levying the proposed assessments is in accordance with the annual assessment procedures.

Finally, in compliance with the Act, the City Council conducts the public hearing and adopts certain resolutions in accordance with the California Streets and Highways Code §22625 through 22641. The City Clerk is required to give the Modesto Bee notice of the public hearing no less than ten (10) days prior to the scheduled hearing date. All interested persons are afforded the opportunity to be heard during the public hearing. Should there be any protests, whether written or oral, the City Council may choose to continue the hearing to a later date and/or may change any part of the Engineer’s Annual Report to address the concerns of the property owner(s). The adopted resolution is then forwarded to the Auditor-Controller of the County of Stanislaus for placement of such charges on the upcoming year’s County Tax Roll. #15..
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2022-2023 Engineer’s Annual Report Page 3

SECTION II ANNUAL ASSESSMENT REVIEW AND SUMMARY
A. PARCEL REVIEW
There are 494 assessment parcels within the Shackelford LLD, unless otherwise determined.

B. ANNUAL ASSESSMENTS
Each parcel receives equal benefits from the Shackelford LLD. The annual assessment levied is calculated by dividing the total cost estimate by the total number of parcels within the Shackelford LLD.

The total annual assessment for the Shackelford LLD for Fiscal Year 2022-2023 is $30,262.44. This is based on the amount needed for Fiscal Year 2022-2023 based on projected expenses and fund balance.

C. PROJECTED ANNUAL ASSESSMENT SUMMARY
Annual Assessment – 494 Parcels
$ 30,262.44 Annual Assessment for Fiscal Year 2022-2023 ÷ 494 # of Parcels
$ 61.25 Annual assessment per parcel
D. COMPARISON TO PREVIOUS FISCAL YEAR
The proposed 2022-2023 annual assessment for residential parcels has increased from $59.80 to $61.25 per parcel.
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2022-2023 Engineer’s Annual Report Page 4
SECTION III FINANCIALS – ANNUAL ASSESSMENT REVENUE &

EXPENSE PROJECTIONS
Shackelford LLD Fund 6470 Estimated
FY 2021-22
Proposed
FY 2022-23
Beginning Fund Balance $ 10,579 $ 8,599
Revenues (Cost Center 80015) Account
Special Assessments 47051 $ 18,283 2$ 30,164 3
Interest Revenue on Bank Account 48010 $ 12
Fair Market Value $ (25)
Estimated - Special Assessments $ 11,318 4
Total Revenues $ 29,588 $ 30,164
Expenses (Cost Center 80015) Account
Operating Budget
Electricity Utility Expenses 53450 $ (6,537) $ (23,000) Legal Services 53040 $ - $ (1,000)
Services City Forces - Interfund 54500 $ (5,045) $ (4,799) Estimated - Electricity Utility Expenses 53040 $ (16,963.08) $ - Estimated - Legal Services 53450 $ (500) $ -
Estimated - Services City Forces - Interfund 54500 $ (2,523.00) $ - Total Expenses $ (31,568) $ (28,799)
Ending Fund Balance $ 8,599 $ 9,964 5
1 The estimated amount shows what has been expended as of 2-28-21. There may be more expenses posted for the fiscal year; these are shown as Estimated . 2 Actual revenue received for FY 2021-22 tax levy.
3 Proposed levy for FY 2022-23.
4 Estimated revenues for second installment of FY 2021-22 tax levy. 5 Anticipated Reserve funding equals 34.60% of Annual Operating Cost (50% is maximum allowable) #15..
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2022-2023 Engineer’s Annual Report Page 5

SECTION IV MAINTENANCE & PLAN SPECIFICATIONS
Plans and specifications are available for review in the Public Works Department, located at 512 Jefferson Street, Modesto, CA. For more information, contact Kelly Gallagher, Parks Operations Manager at (209) 342-2270.
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2022-2023 Engineer’s Annual Report Page 6

SECTION V ANNUAL ASSESSMENT DISTRICT DIAGRAM
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2022-2023 Engineer’s Annual Report Page 7

SECTION VI ANNUAL ASSESSMENT LIST BY PARCEL & OWNER
Fee Parcel Owner Address City State Zip 2022-23
Ast.
038-028-001-000 SERRANO ANTONIO H & SERRANO MARIA G 1318 CROWS LANDING RD Modesto CA 95351 $61.25 038-028-002-000 STILLE JERRY 1324 CROWS LANDING RD Modesto CA 95358 $61.25 038-028-003-000 STILLE JERRY 1328 CROWS LANDING RD Modesto CA 95351 $61.25 038-028-004-000 STILLE JERRY 115 RIO GRANDE AVE Modesto CA 95351 $61.25 038-028-005-000 GARCIA VALENTIN 119 RIO GRANDE AVE Modesto CA 95351 $61.25 038-028-006-000 CARDENAS JOSE J 123 RIO GRANDE AVE Modesto CA 95351 $61.25 038-028-007-000 RAMIREZ MARIA ELENA 127 RIO GRANDE AVE Modesto CA 95351 $61.25 038-028-008-000 GARIBAY AUDELIA ET AL 131 RIO GRANDE AVE Modesto CA 95351 $61.25 038-028-009-000 ANDREWS CAROLYN M TR 201 RIO GRANDE AVE Modesto CA 95351 $61.25 038-028-010-000 OLGUIN RACHEL O TR 205 RIO GRANDE AVE Modesto CA 95351 $61.25 038-028-011-000 YEPEZ EFREN & YEPEZ GUADALUPE OCHOA 209 RIO GRANDE AVE Modesto CA 95351 $61.25 038-028-012-000 MENDOZA EDGAR 213 RIO GRANDE AVE Modesto CA 95351 $61.25 038-028-013-000 ALSUMERI FAHMI 217 RIO GRANDE AVE Modesto CA 95351 $61.25 038-028-014-000 HERRERA MARIA ET AL 221 RIO GRANDE AVE Modesto CA 95351 $61.25 038-028-015-000 AMESCUA JOSE 225 RIO GRANDE AVE Modesto CA 95351 $61.25 038-028-016-000 CARDENAS JOSE JESUS 229 RIO GRANDE AVE Modesto CA 95351 $61.25 038-028-017-000 ORTEGA ADOLFO SORIA ET AL 301 RIO GRANDE AVE Modesto CA 95351 $61.25 038-028-018-000 GARZA JOSE R & GARZA ROSA E 305 RIO GRANDE AVE Modesto CA 95351 $61.25 038-028-019-000 BARAJAS REDUCINDO AYALA 309 RIO GRANDE AVE Modesto CA 95351 $61.25 038-028-020-000 DIAZ RODRIGO 313 RIO GRANDE AVE Modesto CA 95351 $61.25 038-028-021-000 CASTILLO NORMA GUADALUPE 317 RIO GRANDE AVE Modesto CA 95351 $61.25 038-028-022-000 VALDEZ-VALENCIA ELENA GUADALUPE 321 RIO GRANDE AVE Modesto CA 95351 $61.25 038-028-023-000 SOSA EFREN M & ANDREA A 1315 SANTA FE AVE Modesto CA 95351 $61.25 038-028-024-000 HO CHINJUI & FAN MINGJEAN TRS 1319 SANTA FE AVE Modesto CA 95357 $61.25 038-028-025-000 MELGOZA JAVIER & ADMA NASDHIRA 1323 SANTA FE AVE Modesto CA 95351 $61.25 038-028-026-000 CASTILLO RAUL & BRAULIA TRS 1327 SANTA FE AVE Modesto CA 95351 $61.25 038-028-027-000 CHEN HSIAO WUN 343 RIO GRANDE AVE Modesto CA 95351 $61.25 038-028-028-000 VARGAS MARIA HERNANDEZ DE ET AL 320 RIO GRANDE AVE Modesto CA 95354 $61.25 038-028-029-000 BEAS MARIANO & MARIA C 318 RIO GRANDE AVE Modesto CA 95358 $61.25 038-028-031-000 ARROYO ISMAEL GARIBY ET AL 306 RIO GRANDE AVE Modesto CA 95351 $61.25 038-028-032-000 AVILA OCTAVIO S 302 RIO GRANDE AVE Modesto CA 95351 $61.25 038-028-033-000 MARES CARLOS 230 RIO GRANDE AVE Modesto CA 95351 $61.25 038-028-034-000 SANCHEZ JESUS 226 RIO GRANDE AVE Modesto CA 95351 $61.25 038-028-035-000 SPERONI STACEY 222 RIO GRANDE AVE Modesto CA 95351 $61.25 038-028-036-000 AVILES CYNTHIA 218 RIO GRANDE AVE Modesto CA 95351 $61.25 038-028-037-000 GALINDO ANDRES ET AL 214 RIO GRANDE AVE Modesto CA 95351 $61.25 038-028-038-000 TRUJILLO SALOME L & SAN JUANA 210 RIO GRANDE AVE Modesto CA 95351 $61.25 038-028-039-000 AL-SUMERI FAHMI 206 RIO GRANDE AVE Modesto CA 95351 $61.25 038-028-040-000 SANDOVAL CARMEN 204 RIO GRANDE AVE Modesto CA 95351 $61.25 038-028-042-000 CARUSO SHOPPING CENTER INC 128 RIO GRANDE AVE Modesto CA 95351 $61.25 038-028-048-000 MENDOZA JUAN MANUEL ET AL 202 RIO GRANDE AVE Modesto CA 95351 $61.25 038-028-051-000 CARUSO SHOPPING CENTER INC 1418 CROWS LANDING RD Modesto CA 95351 $61.25 038-028-052-000 CARDENAS JOSE JESUS 310 RIO GRANDE AVE Modesto CA 95351 $61.25 038-028-053-000 CARDENAS JOSE JESUS 316 RIO GRANDE AVE Modesto CA 95351 $61.25 038-029-001-000 MONTES ANSELMO 221 SCHOOL AVE Modesto CA 95354 $61.25 038-029-002-000 CARRILLO JOSE A 225 SCHOOL AVE Modesto CA 95351 $61.25 038-029-003-000 GRAGG EUGENE LAROY 229 SCHOOL AVE Modesto CA 95351 $61.25 038-029-004-000 TAYLOR TIMOTHY & JOAN 301 SCHOOL AVE Modesto CA 95351 $61.25 038-029-005-000 RODRIQUEZ MARY P 305 SCHOOL AVE Modesto CA 95351 $61.25 038-029-006-000 MEZA ISIDRO 309 SCHOOL AVE Modesto CA 95351 $61.25 038-029-007-000 BURROWS DELORES I 313 SCHOOL AVE Modesto CA 95351 $61.25 #15..
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Shackelford Landscape and Lighting District
2022-2023 Engineer’s Annual Report Page 8
Fee Parcel Owner Address City State Zip 2022-23
Ast.
038-029-008-000 ALBERTO LUCAS & MODESTA 317 SCHOOL AVE Modesto CA 95351 $61.25 038-029-009-000 ALBERTO LUCAS & ALBERTO MODESTA 321 SCHOOL AVE Modesto CA 95351 $61.25 038-029-010-000 SWARTS JACK ODELL TR 325 SCHOOL AVE Modesto CA 95351 $61.25 038-029-011-000 ANGELES REMIGIO & SANCHEZ DELFINA 329 SCHOOL AVE Modesto CA 95351 $61.25 038-029-012-000 JIMENEZ JOSE L & JIMENEZ ESPERANZA G 333 SCHOOL AVE Modesto CA 95351 $61.25 038-029-013-000 LARA JOSE A & LARA BERTHA A 326 SCHOOL AVE Modesto CA 95351 $61.25 038-029-014-000 FIERRO BENJAMIN ET AL 1233 SANTA FE AVE Modesto CA 95351 $61.25 038-029-015-000 GAYLE NOVI L 1237 SANTA FE AVE Modesto CA 95351 $61.25 038-029-016-000 PIMENTEL ARTURO PENA & PENA ARCELIA 1241 SANTA FE AVE Modesto CA 95351 $61.25 038-029-017-000 JIMENEZ-FUENTES ROGELIO & JIMENEZ SELENE 1245 SANTA FE AVE Modesto CA 95358 $61.25 038-029-018-000 MODESTO CITY OF SCHOOL AVE Modesto CA 95351 $0.00 038-029-019-000 VILLA ROGELIO ET AL 318 SCHOOL AVE Modesto CA 95351 $61.25 038-029-020-000 LLAMAS HILDA MARIA 314 SCHOOL AVE Modesto CA 95351 $61.25 038-029-021-000 MEZA ISIDRO 310 SCHOOL AVE Modesto CA 95351 $61.25 038-029-022-000 PINEDA ULISES V 306 SCHOOL AVE Modesto CA 95351 $61.25 038-029-023-000 AGUAYO ISMAEL 302 SCHOOL AVE Modesto CA 95351 $61.25 038-029-024-000 ORTEGA RODOLFO & LETICIA 226 SCHOOL AVE Modesto CA 95351 $61.25 038-029-025-000 GUDINO FRANCISCO & GUDINO GUADALUPE 222 SCHOOL AVE Modesto CA 95351 $61.25 038-029-026-000 MODESTO CITY SCHOOL DIST SCHOOL & BOWIE AVE Modesto CA 95351 $0.00 038-029-027-000 VANKIRK VENOY V & MARJORIE H SCHOOL AVE Modesto CA 95351 $61.25 038-029-028-000 VANKIRK VENOY V TRS & VANKIRK MARJORIE H 206 SCHOOL AVE Modesto CA 95351 $61.25 038-029-029-000 VANKIRK VENOY V TRS & VANKIRK MARJORIE H 202 SCHOOL AVE Modesto CA 95351 $61.25 038-029-030-000 WATSON DANIEL JESSE 128 SCHOOL AVE Modesto CA 95351 $61.25 038-029-033-000 AGUILERA CONNIE HEIRS OF 116 SCHOOL AVE Modesto CA 95351 $61.25 038-029-034-000 CROWSLANDING PETROLEUM INC 1230 CROWS LANDING RD Modesto CA 95351 $61.25 038-029-035-000 GARCIA JOSE & SOFIA TRS 1238 CROWS LANDING RD Modesto CA 95351 $61.25 038-029-036-000 SERRANO VICTOR M TR 1246 CROWS LANDING RD Modesto CA 95351 $61.25 038-029-037-000 NORTHROP JULIE A TR 117 BAROZZI AVE Modesto CA 95351 $61.25 038-029-038-000 NORTHROP JULIE A TR BAROZZI AVE Modesto CA 95351 $61.25 038-029-039-000 GARIBAY MARIA DE JESUS 125 BAROZZI AVE Modesto CA 95351 $61.25 038-029-040-000 GARCIA ROBERTO P ET AL 129 BAROZZI AVE Modesto CA 95351 $61.25 038-029-041-000 ARNETT SANDRA JEAN ET AL 201 BAROZZI AVE Modesto CA 95351 $61.25 038-029-042-000 TORRES SIXTO A & GALVAN OFELIA FLORES 205 BAROZZI AVE Modesto CA 95351 $61.25 038-029-043-000 HERNANDEZ ASCENCION & LUCIA 209 BAROZZI AVE Modesto CA 95351 $61.25 038-029-044-000 CASTILLO ALMA & MARCOS 213 BAROZZI AVE Modesto CA 95351 $61.25 038-029-045-000 MADRIGAL UBALDO ADAM 221 BAROZZI AVE Modesto CA 95351 $61.25 038-029-046-000 DIAZ RODRIGO 225 BAROZZI AVE Modesto CA 95351 $61.25 038-029-047-000 BARAJAS JOSE ET AL 229 BAROZZI AVE Modesto CA 95351 $61.25 038-029-048-000 JIMENEZ ROGELIO ET AL 301 BAROZZI AVE Modesto CA 95351 $61.25 038-029-049-000 PULIDO JOSE G ET AL 305 BAROZZI AVE Modesto CA 95351 $61.25 038-029-050-000 ACEVES ANGEL & ELVA TRS 309 BAROZZI AVE Modesto CA 95351 $61.25 038-029-051-000 VALENCIA FRANCISCO MONTES 313 BAROZZI AVE Modesto CA 95351 $61.25 038-029-052-000 CASTILLO GUSTAVO DIAZ 317 BAROZZI AVE Modesto CA 95351 $61.25 038-029-053-000 GARIBAY ISMAEL 321 BAROZZI AVE Modesto CA 95351 $61.25 038-029-054-000 MARTINEZ ANTONIO & MARTINEZ GEORGINA M 1305 SANTA FE AVE Modesto CA 95351 $61.25 038-029-055-000 CALDERON LUIS ET AL 1309 SANTA FE AVE Modesto CA 95354 $61.25 038-029-056-000 PEREZ LETICIA M 322 BAROZZI AVE Modesto CA 95351 $61.25 038-029-057-000 MARTINEZ SALVADOR & MARTHA 318 BAROZZI AVE Modesto CA 95351 $61.25 038-029-058-000 BARRIGA ALEJANDRO ABARCA-DIAZ & SOSA-CAMACHO ESPER 314 BAROZZI AVE Modesto CA 95351 $61.25 038-029-059-000 PRADO JOAQUIN MUNGUIA 310 BAROZZI AVE Modesto CA 95350 $61.25 038-029-060-000 SANCHEZ ISIDRO 306 BAROZZI AVE Modesto CA 95351 $61.25 038-029-061-000 GOODRICH PATRICIA A 302 BAROZZI AVE Modesto CA 95351 $61.25 #15..
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Shackelford Landscape and Lighting District
2022-2023 Engineer’s Annual Report Page 9
Fee Parcel Owner Address City State Zip 2022-23
Ast.
038-029-062-000 LOPEZ NICOLAS & CHAIREZ-NINO IMELDA 230 BAROZZI AVE Modesto CA 95351 $61.25 038-029-063-000 GARCIA FELIPE O & GARCIA CHRISTINA 226 BAROZZI AVE Modesto CA 95351 $61.25 038-029-064-000 ORTIZ MARY ET AL 222 BAROZZI AVE Modesto CA 95351 $61.25 038-029-065-000 JIMENEZ PETRA HEIRS OF 218 BAROZZI AVE Modesto CA 95351 $61.25 038-029-066-000 SOTO RAUL 214 BAROZZI AVE Modesto CA 95351 $61.25 038-029-067-000 MORENO MARTIN DE SANTIAGO & MARISOL 210 BAROZZI AVE Modesto CA 95351 $61.25 038-029-068-000 JAUREGUI JESUS 206 BAROZZI AVE Modesto CA 95351 $61.25 038-029-069-000 RODRIGUEZ JACKELINE 202 BAROZZI AVE Modesto CA 95351 $61.25 038-029-070-000 CORREA LAZARO 128 BAROZZI AVE Modesto CA 95351 $61.25 038-029-071-000 MARTIN JUDITH L TR BAROZZI AVE Modesto CA 95351 $61.25 038-029-072-000 GARCIA GIOVANNI 120 BAROZZI AVE Modesto CA 95351 $61.25 038-029-073-000 ESPINDOLA ROSARIO T 116 BAROZZI AVE Modesto CA 95351 $61.25 038-029-074-000 FELIX RAFAELA 1304 CROWS LANDING RD Modesto CA 95350 $61.25 038-029-075-000 FELIX RAFAELA 1312 CROWS LANDING RD Modesto CA 95351 $61.25 038-029-076-000 TAYLOR BENNIE W JR ET AL 120 SCHOOL AVE Modesto CA 95351 $61.25 038-030-001-000 EL DORADO MARKET INC 1104 CROWS LANDING RD Modesto CA 95358 $61.25 038-030-002-000 ALVAREZ JUAN ET AL 110 EL PASO AVE Modesto CA 95351 $61.25 038-030-003-000 EL DORADO MARKET INC 1108 CROWS LANDING RD Modesto CA 95351 $61.25 038-030-004-000 MODESTO CITY SCHOOLS EL PASO AVE Modesto CA 95351 $0.00 038-030-005-000 MODESTO CITY SCHOOLS 116 EL PASO AVE Modesto CA 95351 $0.00 038-030-006-000 MODESTO CITY SCHOOLS 120 EL PASO AVE Modesto CA 95351 $0.00 038-030-007-000 CHURCH OF GOD 124 EL PASO AVE Modesto CA 95351 $61.25 038-030-010-000 BECERRA REFUGIO & ARMAS BENIGNA 208 EL PASO AVE Modesto CA 95358 $61.25 038-030-011-000 BECERRA REFUGIO E & ARMAS BENIGMA 212 EL PASO AVE Modesto CA 95351 $61.25 038-030-013-000 GALVAN ROBERTO 228 EL PASO AVE Modesto CA 95351 $61.25 038-030-015-000 RIOS HENRY V & RIOS LYDIA F 304 EL PASO AVE Modesto CA 95351 $61.25 038-030-016-000 CARDENAS VIDAL MEZA & SOCORRO TRS 308 EL PASO AVE Modesto CA 95351 $61.25 038-030-017-000 MUNOZ CRISOFORO R & MARIA A GONZALEZ 312 EL PASO AVE Modesto CA 95351 $61.25 038-030-018-000 GARCIA FRANCISCO J 316 EL PASO AVE Modesto CA 95350 $61.25 038-030-019-000 BONALES GABRIEL ET AL 320 EL PASO AVE Modesto CA 95351 $61.25 038-030-021-000 CAMARGO LAURA A ET AL 1113 SANTA FE AVE Modesto CA 95351 $61.25 038-030-022-000 SALDANA HILDA DE LEON 329 CROCKETT AVE Modesto CA 95351 $61.25 038-030-023-000 SHERMAN DAVID H 325 CROCKETT AVE Modesto CA 95351 $61.25 038-030-024-000 MORENO CARLOS & EVANGELINA TRS 321 CROCKETT AVE Modesto CA 95351 $61.25 038-030-025-000 ARELLANO MARIA DEL CONSUELO GANDARA 317 CROCKETT AVE Modesto CA 95351 $61.25 038-030-026-000 LUNA JOSE GUADALUPE JR 313 CROCKETT AVE Modesto CA 95351 $61.25 038-030-027-000 MURILLO SUSANA 309 CROCKETT AVE Modesto CA 95351 $61.25 038-030-028-000 GOMEZ REFUGIO 305 CROCKETT AVE Modesto CA 95351 $61.25 038-030-029-000 VENEGAS-ZENDEJAS EVANGELINA 301 CROCKETT AVE Modesto CA 95351 $61.25 038-030-030-000 MURILLO SUSANA 233 CROCKETT AVE Modesto CA 95351 $61.25 038-030-031-000 MECCA DIANE MARIA TR 229 CROCKETT AVE Modesto CA 95351 $61.25 038-030-032-000 CARRERA ZOILO LOPEZ & IRMA LETICIA TRS 225 CROCKETT AVE Modesto CA 95351 $61.25 038-030-033-000 TAH 2018-1 BORROWER LLC 1120 BOWIE AVE Modesto CA 95351 $61.25 038-030-034-000 PANIAGUA RUPERTO ZEPEDA 220 CROCKETT AVE Modesto CA 95351 $61.25 038-030-035-000 NAVARRO FRANCISCO & ROSA TRS 224 CROCKETT AVE Modesto CA 95351 $61.25 038-030-036-000 LUNA JESUS 228 CROCKETT AVE Modesto CA 95351 $61.25 038-030-037-000 LUNA FRANCISCO & MARIA D 232 CROCKETT AVE Modesto CA 95351 $61.25 038-030-038-000 LUNA JUAN I & ET UX 300 CROCKETT AVE Modesto CA 95351 $61.25 038-030-039-000 OROZCO RAFAEL HORTA ET AL 304 CROCKETT AVE Modesto CA 95351 $61.25 038-030-040-000 LUNA YOLANDA ET AL 308 CROCKETT AVE Modesto CA 95351 $61.25 038-030-041-000 LUNA CARLOS & LUNA LETICIA 312 CROCKETT AVE Modesto CA 95351 $61.25 038-030-042-000 GONZALEZ MANUEL 316 CROCKETT AVE Modesto CA 95351 $61.25 #15..
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Shackelford Landscape and Lighting District
2022-2023 Engineer’s Annual Report Page 10
Fee Parcel Owner Address City State Zip 2022-23
Ast.
038-030-043-000 MEDINA HERIBERTO 320 CROCKETT AVE Modesto CA 95351 $61.25 038-030-044-000 SOSA GEORGE ALEJANDRO ET AL 1211 SANTA FE AVE Modesto CA 95351 $61.25 038-030-046-000 GARZA ROSA ANGELICA 232 EL PASO AVE Modesto CA 95351 $61.25 038-030-047-000 LINARES FELIPE P 300 EL PASO AVE Modesto CA 95351 $61.25 038-030-048-000 THE CHURCH OF GOD 200 EL PASO AVE Modesto CA 95351 $61.25 038-030-049-000 ROMERO ROSALVA L 220 EL PASO AVE Modesto CA 95351 $61.25 038-030-050-000 LIMON LUIS & ESTELA JANET 224 EL PASO AVE Modesto CA 95351 $61.25 038-030-051-000 GUTIERREZ ERICKA 326 EL PASO AVE Modesto CA 95351 $61.25 038-030-052-000 MELGOZA CRISTOBAL & ANITA 328 EL PASO AVE Modesto CA 95351 $61.25 038-031-001-000 RAMIREZ FERNANDO 930 CROWS LANDING RD Modesto CA 95351 $61.25 038-031-002-000 RAMIREZ FERNANDO 938 CROWS LANDING RD Modesto CA 95351 $61.25 038-031-003-000 AGUILERA SALVADOR 117 PUEBLO AVE Modesto CA 95351 $61.25 038-031-004-000 HERNANDEZ ANDRES PARRA 125 PUEBLO AVE Modesto CA 95351 $61.25 038-031-005-000 ALSUMERI FAHMI 129 PUEBLO AVE Modesto CA 95351 $61.25 038-031-006-000 MORENO DANIEL VILLA 201 PUEBLO AVE Modesto CA 95351 $61.25 038-031-007-000 PADILLA FRANCISCO C & PADILLA MARIA E 205 PUEBLO AVE Modesto CA 95351 $61.25 038-031-008-000 RODRIGUEZ RUBEN GARZA & ROSEMARY 209 PUEBLO AVE Modesto CA 95351 $61.25 038-031-009-000 GARCIA IRMA 213 PUEBLO AVE Modesto CA 95351 $61.25 038-031-010-000 CHAVEZ JOEL C 217 PUEBLO AVE Modesto CA 95351 $61.25 038-031-012-000 CALDERON RICARDO BELMONTE 229 PUEBLO AVE Modesto CA 95351 $61.25 038-031-013-000 INIGUEZ JORGE S ET AL 233 PUEBLO AVE Modesto CA 95351 $61.25 038-031-014-000 GALVAN MARIA ANGELICA 303 PUEBLO AVE Modesto CA 95351 $61.25 038-031-015-000 FRANCO JOSE A & FRANCO HORTENCIA P 305 PUEBLO Modesto CA 95351 $61.25 038-031-016-000 SALGADO REFUGIO ET AL 309 PUEBLO AVE Modesto CA 95351 $61.25 038-031-017-000 LEW JOE 313 PUEBLO AVE Modesto CA 95351 $61.25 038-031-018-000 MIRAGLIOTTA SANDY Y 317 PUEBLO AVE Modesto CA 95351 $61.25 038-031-019-000 GUZMAN JULIAN M & MOTA-GUZMAN DELIA 321 PUEBLO AVE Modesto CA 95351 $61.25 038-031-020-000 VELA J HELIA 325 PUEBLO AVE Modesto CA 95351 $61.25 038-031-021-000 TORRES MARGARITO M 921 SANTA FE AVE Modesto CA 95351 $61.25 038-031-022-000 ACAJABON ANGELA M QUINTEROS ET AL TRS 1007 SANTA FE AVE Modesto CA 95351 $61.25 038-031-023-000 GILMORE DANIEL 324 PUEBLO AVE Modesto CA 95351 $61.25 038-031-024-000 MENDOZA IRMA ALVAREZ TR 320 PUEBLO AVE Modesto CA 95355 $61.25 038-031-025-000 CARDENAS JESUS TRS ET AL 316 PUEBLO AVE Modesto CA 95351 $61.25 038-031-026-000 ALVAREZ VICENTO SOTO 312 PUEBLO AVE Modesto CA 95351 $61.25 038-031-027-000 ROBBINS JAMES P SR & PATRICIA C TRS 308 PUEBLO AVE Modesto CA 95351 $61.25 038-031-028-000 CASTRO RAYMOND & MARTHA TRS 304 PUEBLO AVE Modesto CA 95351 $61.25 038-031-029-000 GALVAN JOSE LUIS & SOLEDAD 300 PUEBLO AVE Modesto CA 95351 $61.25 038-031-030-000 SIGALA STEVE & TERESA 232 PUEBLO AVE Modesto CA 95351 $61.25 038-031-031-000 BLEVINS RALPH D & JACQUELINE E 228 PUEBLO AVE Modesto CA 95351 $61.25 038-031-032-000 HERNANDEZ RENE 224 PUEBLO AVE Modesto CA 95351 $61.25 038-031-033-000 CASTANEDA JUAN & MARIA 220 PUEBLO AVE Modesto CA 95351 $61.25 038-031-034-000 CASTANEDA JUAN & MARIA 1010 BOWIE AVE Modesto CA 95351 $61.25 038-031-035-000 CABRERA AGUSTIN 212 PUEBLO AVE Modesto CA 95351 $61.25 038-031-036-000 SIGALA STEVE & TERESA 208 PUEBLO AVE Modesto CA 95351 $61.25 038-031-037-000 MADRIGAL RAFAELA ET AL 204 PUEBLO AVE Modesto CA 95351 $61.25 038-031-038-000 OCHOA JOSE LUIS 200 PUEBLO AVE Modesto CA 95351 $61.25 038-031-039-000 LARA CONSUELO M 128 PUEBLO AVE Modesto CA 95351 $61.25 038-031-040-000 FARIAS ERIKA AYALA 124 PUEBLO AVE Modesto CA 95351 $61.25 038-031-041-000 DEA BILLY & FRANCES Y 120 PUEBLO AVE Modesto CA 95351 $61.25 038-031-042-000 ARTEAGA LUIS MANUEL RIVAS ET AL 116 PUEBLO AVE Modesto CA 95351 $61.25 038-031-045-000 GUAJARDO HECTOR 1010 CROWS LANDING RD Modesto CA 95351 $61.25 038-031-046-000 GUAJARDO HECTOR 1014 CROWS LANDING RD Modesto CA 95358 $61.25 #15..
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Shackelford Landscape and Lighting District
2022-2023 Engineer’s Annual Report Page 11
Fee Parcel Owner Address City State Zip 2022-23
Ast.
038-031-047-000 PORRAS SIXTO 1024 CROWS LANDING RD Modesto CA 95351 $61.25 038-031-048-000 LOZANO SANDRA LUZ SUAREZ 117 EL PASO AVE Modesto CA 95358 $61.25 038-031-049-000 FLORES MIGUEL ANGEL 121 EL PASO AVE Modesto CA 95351 $61.25 038-031-050-000 REYNOSO JORGE 125 EL PASO AVE Modesto CA 95351 $61.25 038-031-051-000 CENTENO MARIA 129 EL PASO AVE Modesto CA 95351 $61.25 038-031-052-000 ORTEGA GILBERTO H & ORTEGA FRANCISCA 201 EL PASO AVE Modesto CA 95351 $61.25 038-031-053-000 ORTEGA GILBERTO H & ORTEGA FRANCISCA Z 205 EL PASO AVE Modesto CA 95351 $61.25 038-031-054-000 BETTENCOURT LULA JENE 209 EL PASO AVE Modesto CA 95351 $61.25 038-031-055-000 MENDEZ LOURDES 213 EL PASO AVE Modesto CA 95351 $61.25 038-031-056-000 YEFREMENKO ALEKSANDR 221 EL PASO AVE Modesto CA 95351 $61.25 038-031-057-000 PULIDO RAFAEL ET AL 225 EL PASO AVE Modesto CA 95351 $61.25 038-031-058-000 GONZALEZ ROSA TERESITA COYT 229 EL PASO AVE Modesto CA 95351 $61.25 038-031-059-000 GONZALEZ ROSA TERESITA COYT 233 EL PASO AVE Modesto CA 95351 $61.25 038-031-060-000 GARZA JUAN P ET AL 301 EL PASO AVE Modesto CA 95351 $61.25 038-031-061-000 GARZA JOAQUIN J JR & GARZA GRACIELA 305 EL PASO AVE Modesto CA 95351 $61.25 038-031-062-000 GARZA JOSE ROBERTO & GARZA ROSA E 309 EL PASO AVE Modesto CA 95351 $61.25 038-031-063-000 MENDEZ LOURDES 313 EL PASO AVE Modesto CA 95351 $61.25 038-031-064-000 GARZA JOSE ROBERTO & ROSA E 317 EL PASO AVE Modesto CA 95351 $61.25 038-031-065-000 GARZA JOSE R & GARZA ROSA E 321 EL PASO AVE Modesto CA 95351 $61.25 038-031-066-000 GOMEZ JUSTINO 325 EL PASO AVE Modesto CA 95351 $61.25 038-031-067-000 GOMEZ JUSTINO & GOMEZ MARTINA 1019 SANTA FE AVE Modesto CA 95351 $61.25 038-031-068-000 JIB DICKENS INVESTMENTS LLC 1002 CROWS LANDING RD Modesto CA 95351 $61.25 038-031-069-000 CARAVALHO NAOMI 221 PUEBLO AVE Modesto CA 95351 $61.25 038-031-070-000 CASTILLO M MAGDALENA TR 225 PUEBLO AVE Modesto CA 95351 $61.25 038-032-002-000 SELF-HELP FEDERAL CREDIT UNION 924 CROWS LANDING RD Modesto CA 95351 $61.25 038-032-003-000 PATINO LIZEBETH 132 PECOS AVE Modesto CA 95351 $61.25 038-032-004-000 GARCIA FERNANDO 208 PECOS AVE Modesto CA 95351 $61.25 038-032-006-000 CORTEZ EDDIE T HEIRS OF 101 RITA CT Modesto CA 95351 $61.25 038-032-007-000 CORTEZ EDDIE T HEIRS OF 105 RITA CT Modesto CA 95351 $61.25 038-032-008-000 SANDOVAL ALFONSO CASTELLANOS & MACIAS JESSICA 109 RITA CT Modesto CA 95351 $61.25 038-032-009-000 INIGUEZ BERNABE ET AL 113 RITA CT Modesto CA 95351 $61.25 038-032-010-000 INIGUEZ ISMAEL & INIGUEZ MARIA G 117 RITA CT Modesto CA 95351 $61.25 038-032-011-000 ASCENCIO MARTIN G ET AL 122 RITA CT Modesto CA 95351 $61.25 038-032-012-000 ALSUMERI FAHMI 118 RITA CT Modesto CA 95351 $61.25 038-032-013-000 ALCARAS PATRICIA 114 RITA CT Modesto CA 95351 $61.25 038-032-014-000 YOUNG RUTH 110 RITA CT Modesto CA 95351 $61.25 038-032-015-000 CERVANTES JUANA LAURA ROSAS 106 RITA CT Modesto CA 95351 $61.25 038-032-016-000 INIGUEZ BERNABE ET AL 102 RITA CT Modesto CA 95351 $61.25 038-032-018-000 ZAVALA-PATINO DALILA 109 LITA CT Modesto CA 95351 $61.25 038-032-019-000 TANAKA TAD TADASHI TRS & TANAKA EVA WONG 113 LITA CT Modesto CA 95351 $61.25 038-032-020-000 GUERRERO JESSICA GARCIA ET AL 117 LITA CT Modesto CA 95351 $61.25 038-032-021-000 FLORES PEDRO & IMELDA 122 LITA CT Modesto CA 95351 $61.25 038-032-022-000 MALDONADO VERA MARIO F 118 LITA CT Modesto CA 95351 $61.25 038-032-023-000 FERNANDEZ JESUS M 114 LITA CT Modesto CA 95351 $61.25 038-032-024-000 TANAKA TAD TADASHI TRS & TANAKA EVA WONG 110 LITA CT Modesto CA 95351 $61.25 038-032-027-000 SIGALA STEVE 913 SANTA FE AVE Modesto CA 95351 $61.25 038-032-028-000 VELASQUEZ ERNESTO 917 SANTA FE AVE Modesto CA 95351 $61.25 038-032-031-000 WONG ERNEST H & KLOCKO ANNE L TRS 106 LITA CT Modesto CA 95351 $61.25 038-032-032-000 SAMRA GURMIT 105 LITA CT Modesto CA 95351 $61.25 038-032-033-000 PENALOZA FRANCISCO M 220 PECOS AVE Modesto CA 95351 $61.25 038-032-034-000 SOLORIO DANIEL SR & SOLORIO SHERRY A 214 PECOS AVE Modesto CA 95351 $61.25 038-032-036-000 GARCIA MARIANO & GARCIA ELVA 328 PECOS AVE Modesto CA 95351 $61.25 #15..
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2022-2023 Engineer’s Annual Report Page 12
Fee Parcel Owner Address City State Zip 2022-23
Ast.
038-032-037-000 VALENCIA HUMBERTA M 909 SANTA FE AVE Modesto CA 95351 $61.25 038-032-039-000 SELF-HELP FEDERAL CREDIT UNION 900 CROWS LANDING RD Modesto CA 95358 $61.25 038-033-003-000 MENDOZA ROBERTO & LIVIER 105 PECOS AVE Modesto CA 95351 $61.25 038-033-004-000 MENDOZA ROBERTO & LIVIER 121 PECOS AVE Modesto CA 95351 $61.25 038-033-005-000 SUMPTER HENRY C III 127 PECOS AVE Modesto CA 95351 $61.25 038-033-006-000 NAVARRO RAMON H & JUSTINE 201 PECOS AVE Modesto CA 95351 $61.25 038-033-007-000 TUCKER KRISTY 209 PECOS AVE Modesto CA 95351 $61.25 038-033-008-000 CORTEZ ED HEIRS OF 215 PECOS AVE Modesto CA 95351 $61.25 038-033-009-000 GILMORE DANIEL A 225 PECOS AVE Modesto CA 95351 $61.25 038-033-011-000 MENDOZA ROBERTO & LIVIER 109 PECOS RD Modesto CA 95351 $61.25 038-033-012-000 MENDOZA ROBERTO & LIVIER 854 CROWS LANDING RD Modesto CA 95351 $61.25 038-035-002-000 RIVERA CONSUELO B 912 SANTA FE AVE Modesto CA 95351 $61.25 038-035-003-000 DUONG SUNSHINE & WEBB NICHOLAS E 918 SANTA FE AVE Modesto CA 95351 $61.25 038-035-004-000 LOPEZ MARTIN & PATRICIA 920 SANTA FE AVE Modesto CA 95351 $61.25 038-035-005-000 VILLA ROGELIO JR 924 SANTA FE AVE Modesto CA 95354 $61.25 038-035-006-000 HUERTA EDUARDO & DURAN SANDRA 928 SANTA FE AVE Modesto CA 95351 $61.25 038-035-007-000 MARTINEZ JOSE MARTIN BARAJAS 932 SANTA FE AVE Modesto CA 95351 $61.25 038-035-008-000 BRINKMAN LOUAIN TR 936 SANTA FE AVE Modesto CA 95351 $61.25 038-035-009-000 DEL VALLE ROCIO 1002 SANTA FE AVE Modesto CA 95351 $61.25 038-035-010-000 JAIMES SEBERIANA FLORES 1006 SANTA FE AVE Modesto CA 95351 $61.25 038-035-011-000 CORTES EUGENIO & ESPINO DE CORTES GUILLERMINA 1010 SANTA FE AVE Modesto CA 95351 $61.25 038-035-012-000 KEM SOKHOM & VANTHA TRS 1014 SANTA FE AVE Modesto CA 95351 $61.25 038-035-015-000 CASTILLO ANGELA ESTER 1028 SANTA FE AVE Modesto CA 95351 $61.25 038-035-016-000 SANCHEZ ARMANDO RAMIREZ 1029 ALAMO AVE Modesto CA 95351 $61.25 038-035-017-000 HUERTA MARTHA 1023 ALAMO AVE Modesto CA 95351 $61.25 038-035-018-000 HERNANDEZ MARIA G ET AL 1019 ALAMO AVE Modesto CA 95351 $61.25 038-035-019-000 MURILLO GUILLERMINA 1015 ALAMO AVE Modesto CA 95351 $61.25 038-035-020-000 MANZO ANTONIO 1011 ALAMO AVE Modesto CA 95351 $61.25 038-035-021-000 TOVAR MANUEL & ROSIE 1007 ALAMO AVE Modesto CA 95351 $61.25 038-035-022-000 HERNANDEZ MANUEL & HERNANDEZ MARIA 1001 ALAMO AVE Modesto CA 95351 $61.25 038-035-023-000 PINA FRANCISCO REYES 937 ALAMO AVE Modesto CA 95351 $61.25 038-035-024-000 GIL RICARDO 933 ALAMO AVE Modesto CA 95351 $61.25 038-035-025-000 SHARMA RAJIV & MRIDULA 929 ALAMO AVE Modesto CA 95351 $61.25 038-035-026-000 ESCALANTE OSCAR 925 ALAMO AVE Modesto CA 95351 $61.25 038-035-027-000 DE LA TORRE MIGUEL ET AL 921 ALAMO AVE Modesto CA 95351 $61.25 038-035-028-000 PADILLA JAIME & ROSE FONSECA DE 917 ALAMO AVE Modesto CA 95351 $61.25 038-035-029-000 VELASQUEZ ERIK NEVAREZ 913 ALAMO AVE Modesto CA 95351 $61.25 038-035-030-000 HERNANDEZ TROY ET AL 412 PECOS AVE Modesto CA 95351 $61.25 038-035-032-000 ANGLIN JAMES & ALETA MARIA 916 ALAMO AVE Modesto CA 95351 $61.25 038-035-033-000 ANGLIN JAMES R & ANGLIN ALETA M 920 ALAMO AVE Modesto CA 95351 $61.25 038-035-034-000 ANGLIN JAMES R JR & ALETA M 924 ALAMO AVE Modesto CA 95351 $61.25 038-035-035-000 TOOR INDERJIT S 928 ALAMO AVE Modesto CA 95351 $61.25 038-035-036-000 GARCIA RAMON & LEONOR 932 ALAMO AVE Modesto CA 95351 $61.25 038-035-037-000 AGUILAR JOSE P & ENDELIA 936 ALAMO AVE Modesto CA 95351 $61.25 038-035-038-000 JAUREGUI ANTONIO 1002 ALAMO AVE Modesto CA 95351 $61.25 038-035-039-000 OLVERA EMETERIO & MARTHA 1006 ALAMO AVE Modesto CA 95351 $61.25 038-035-040-000 KB RE HOLDINGS LLC 1010 ALAMO AVE Modesto CA 95351 $61.25 038-035-041-000 CHAVEZ MANUEL G & RITA P 1014 ALAMO AVE Modesto CA 95351 $61.25 038-035-042-000 BARRAGAN JOHN J & LETICIA R 1018 ALAMO AVE Modesto CA 95351 $61.25 038-035-043-000 GOMEZ LETICIA ET AL 1024 ALAMO AVE Modesto CA 95351 $61.25 038-035-044-000 CERNA EDUARDO J 505 EL PASO AVE Modesto CA 95351 $61.25 038-035-045-000 VASQUEZ ALFREDO & JOSEFINE 1029 BOULDER AVE Modesto CA 95351 $61.25 #15..
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Shackelford Landscape and Lighting District
2022-2023 Engineer’s Annual Report Page 13
Fee Parcel Owner Address City State Zip 2022-23
Ast.
038-035-046-000 SANCHEZ FRANCISCO & HUERTA MARIA ISABEL 1025 BOULDER AVE Modesto CA 95351 $61.25 038-035-047-000 KEM SOKHOM & VANTHA TRS 1021 BOULDER AVE Modesto CA 95351 $61.25 038-035-048-000 CALDERSON PEDRO OMAR R JR 1019 BOULDER AVE Modesto CA 95351 $61.25 038-035-049-000 TORRES JOSE 1017 BOULDER AVE Modesto CA 95351 $61.25 038-035-050-000 RAMIREZ AGUSTIN JR 1007 BOULDER AVE Modesto CA 95351 $61.25 038-035-051-000 NAVARRETE JAVIER & MARIA CARMEN 1005 BOULDER AVE Modesto CA 95351 $61.25 038-035-052-000 SALDANA HILARIO 1001 BOULDER AVE Modesto CA 95351 $61.25 038-035-053-000 GARZA JULIO ESTEBAN 935 BOULDER AVE Modesto CA 95351 $61.25 038-035-054-000 GARZA JOAQUIN JR 931 MAIN ST Modesto CA 95351 $61.25 038-035-055-000 JONES RICHARD J 927 MAIN ST Modesto CA 95351 $61.25 038-035-056-000 SANCHEZ ANTONIO R & SANCHEZ MARIA 923 MAIN ST Modesto CA 95351 $61.25 038-035-057-000 CHAVEZ JUAN PADILLA & PADILLA MARIA G 919 MAIN ST Modesto CA 95351 $61.25 038-035-058-000 ALEMAN MARIA HEIRS OF ET AL 1026 BOULDER AVE Modesto CA 95351 $61.25 038-035-059-000 BURRELL JOSEPHINE THOMPSON TR 530 PECOS Modesto CA 95351 $61.25 038-035-062-000 GUZMAN ANTONIO VIRRUETA 912 ALAMO AVE Modesto CA 95351 $61.25 038-035-063-000 BELTRAN AMPARO TR 908 SANTA FE Modesto CA 95351 $61.25 038-035-064-000 MONTES GUADALUPE C 1018 SANTA FE AVE Modesto CA 95351 $61.25 038-036-001-000 GOMEZ JUSTINO & GOMEZ MARTINA 1104 SANTA FE AVE Modesto CA 95351 $61.25 038-036-002-000 MULLINS GUY EUGENE III 1106 SANTA FE AVE Modesto CA 95351 $61.25 038-036-003-000 MACIEL BENJAMIN & MARISELA JIMENEZ 1110 SANTA FE AVE Modesto CA 95358 $61.25 038-036-004-000 GOMEZ JUSTINO & GOMEZ MARTINA 1114 SANTA FE AVE Modesto CA 95351 $61.25 038-036-005-000 GOMEZ JUSTINO & GOMEZ MARTINA 1118 SANTA FE AVE Modesto CA 95351 $61.25 038-036-006-000 ALEMAN ARMANDO ET AL 1124 SANTA FE AVE Modesto CA 95351 $61.25 038-036-007-000 ARREGUIN PABLO & ARREGUIN ESTHER 405 BROADWAY AVE Modesto CA 95351 $61.25 038-036-008-000 LEPE JANNETTE 409 BROADWAY AVE Modesto CA 95351 $61.25 038-036-009-000 BARAJAS MIGUEL ANGEL & CASTRO MA ROSARIO MORALES 413 BROADWAY AVE Modesto CA 95351 $61.25 038-036-010-000 FLORES JORGE LUIS ET AL 417 BROADWAY AVE Modesto CA 95351 $61.25 038-036-012-000 RAMIREZ MARIA DEL REFUGIO GARZA DE 1117 ALAMO AVE Modesto CA 95351 $61.25 038-036-013-000 SIGALA STEVE 1113 ALAMO AVE Modesto CA 95358 $61.25 038-036-014-000 LOPEZ MARIBEL PEREZ 1109 ALAMO AVE Modesto CA 95351 $61.25 038-036-015-000 GOMEZ JUSTINO 1105 ALAMO AVE Modesto CA 95358 $61.25 038-036-016-000 CV MANAGEMENT PROPERTIES LLC 1101 ALAMO AVE Modesto CA 95351 $61.25 038-036-017-000 GOMEZ PENELOPE ET AL 1102 ALAMO AVE Modesto CA 95351 $61.25 038-036-018-000 ALVARA GONZALO & MARISELA 1106 ALAMO AVE Modesto CA 95351 $61.25 038-036-019-000 LOPEZ FRANCISCO M & DELIA T TRS 1110 ALAMO AVE Modesto CA 95351 $61.25 038-036-020-000 ARROYO RAFAEL & ALMA PATRICIA 1114 ALAMO AVE Modesto CA 95351 $61.25 038-036-021-000 TELLECHEA RUBEN & DAHLIA 1118 ALAMO AVE Modesto CA 95351 $61.25 038-036-022-000 GOMEZ ESTELA A 501 BROADWAY AVE Modesto CA 95351 $61.25 038-036-023-000 BRANCO BRYAN JAMES & JENNIFER SUSAN 505 BROADWAY AVE Modesto CA 95351 $61.25 038-036-024-000 GARCIA JUAN M & BLAKE ALMA D 507 BROADWAY AVE Modesto CA 95351 $61.25 038-036-025-000 PADILLA ANGEL GAIL ET AL 509 BROADWAY AVE Modesto CA 95358 $61.25 038-036-026-000 MENDOZA AGUSTIN 517 BROADWAY AVE Modesto CA 95351 $61.25 038-036-027-000 SHAIBI YEHIA AHMED QASSEM & KASSIM FATIMA TRS 1125 BOULDER AVE Modesto CA 95351 $61.25 038-036-028-000 WALLACE DANNY L & WALLACE ESTHER G 1119 BOULDER AVE Modesto CA 95351 $61.25 038-036-029-000 GROKHOLSKY YAKOV 1113 BOULDER AVE Modesto CA 95351 $61.25 038-036-030-000 AMADOR OLIVER RAY 1109 BOULDER AVE Modesto CA 95351 $61.25 038-036-031-000 ORTEGA MARIA 1105 BOULDER AVE Modesto CA 95351 $61.25 038-036-032-000 TURNQUIST JOHN RAY 1101 BOULDER AVE Modesto CA 95351 $61.25 038-036-033-000 SHAIBI YEHIA AHMED QASSEM & KASSIM FATIMA TRS 602 EL PASO AVE Modesto CA 95351 $61.25 038-036-034-000 GROKHOLSKY YURY 1114 BOULDER AVE Modesto CA 95351 $61.25 038-036-035-000 ZABALZA RUBEN JR 1118 BOULDER AVE Modesto CA 95351 $61.25 038-036-036-000 SOLANO MIGUEL ANGEL LOPEZ 601 BROADWAY AVE Modesto CA 95351 $61.25 #15..
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2022-2023 Engineer’s Annual Report Page 14
Fee Parcel Owner Address City State Zip 2022-23
Ast.
038-036-037-000 CRISANTOS FERNANDA ALVAREZ 605 BROADWAY AVE Modesto CA 95350 $61.25 038-036-038-000 SHAIBI YEHIA AHMED QASSEM & KASSIM FATIMA TRS 613 BROADWAY AVE Modesto CA 95351 $61.25 038-036-039-000 AZEVEDO DANIEL ROBERT 1117 MAIN ST Modesto CA 95351 $61.25 038-036-040-000 WILSON CLIFFORD & WILSON LILA P 1113 MAIN ST Modesto CA 95351 $61.25 038-036-041-000 OLVERA DAVID R ET AL 606 EL PASO AVE Modesto CA 95351 $61.25 038-036-042-000 AGUILAR ENDELIA ET AL 425 BROADWAY AVE Modesto CA 95351 $61.25 038-036-043-000 LEDEZMA LOURDES 421 BROADWAY AVE Modesto CA 95351 $61.25 038-037-001-000 EL BUEN SAMARITANO ASEMBLEAS DE DIOS 521 RIO GRANDE AVE Modesto CA 95351 $61.25 038-037-004-000 ARGUETA MERCEDES DELAPAZ 1329 BOULDER AVE Modesto CA 95351 $61.25 038-037-005-000 MARTINEZ RAMIREZ JUAN MANUEL 1325 BOULDER AVE Modesto CA 95351 $61.25 038-037-006-000 LOPEZ ENRIQUETA P & ANTONIO 1321 BOULDER AVE Modesto CA 95351 $61.25 038-037-007-000 LEDEZMA JULIO ET AL 1317 BOULDER AVE Modesto CA 95351 $61.25 038-037-008-000 AVILA MIGUEL A 1313 BOULDER AVE Modesto CA 95351 $61.25 038-037-009-000 GUTIERREZ GUADALUPE 1309 BOULDER AVE Modesto CA 95358 $61.25 038-037-010-000 PEREZ VICENTE & EVANGELINA 1305 BOULDER AVE Modesto CA 95351 $61.25 038-037-011-000 GONZALEZ YOLANDA V 1301 BOULDER AVE Modesto CA 95351 $61.25 038-037-012-000 ROMERO ADRIAN 1245 BOULDER AVE Modesto CA 95351 $61.25 038-037-013-000 GONZALEZ RICARDO ALVAREZ ET AL 1241 BOULDER AVE Modesto CA 95351 $61.25 038-037-014-000 GARZA JOAQUIN JR 1237 BOULDER AVE Modesto CA 95351 $61.25 038-037-015-000 ASCENCIO MIGUEL G & HERMELINDA F 1233 BOULDER AVE Modesto CA 95351 $61.25 038-037-016-000 KB RE HOLDINGS LLC 1229 BOULDER AVE Modesto CA 95351 $61.25 038-037-017-000 RAMIREZ JULIA GARZA ET AL 1225 BOULDER AVE Modesto CA 95351 $61.25 038-037-018-000 DUONG SUNSHINE NHU & WEBB NICHOLAS E 1221 BOULDER AVE Modesto CA 95351 $61.25 038-037-019-000 VELASQUEZ ROGELIO & PEREZ CECILIA 1217 BOULDER AVE Modesto CA 95351 $61.25 038-037-020-000 GARIBAY GERARDO URIEL ET AL 526 BROADWAY AVE Modesto CA 95351 $61.25 038-037-021-000 PEREZ EMIGDLO SILVA 522 BROADWAY AVE Modesto CA 95351 $61.25 038-037-022-000 GARCIA MARIBEL 518 BROADWAY AVE Modesto CA 95351 $61.25 038-037-023-000 GALVAN ROBERTO & GALVAN EMMA 514 BROADWAY AVE Modesto CA 95351 $61.25 038-037-024-000 ALSUMERI FAHMI 510 BROADWAY AVE Modesto CA 95351 $61.25 038-037-028-000 MODESTO CITY OF ALAMO AVE Modesto CA 95351 $0.00 038-037-029-000 GALVAN ROBERTO & EMMA 1226 ALAMO AVE Modesto CA 95351 $61.25 038-037-032-000 VILLA ROGELIO JR 1234 ALAMO AVE Modesto CA 95351 $61.25 038-037-033-000 PELAYO OSCAR 1238 ALAMO AVE Modesto CA 95351 $61.25 038-037-034-000 PELAYO OSCAR 1242 ALAMO AVE Modesto CA 95351 $61.25 038-037-035-000 LOPEZ VICTORIANO A & FELICITAS D 1246 ALAMO AVE Modesto CA 95351 $61.25 038-037-036-000 PEREZ AURELIO & PEREZ MARIA ROCIO 1302 ALAMO AVE Modesto CA 95351 $61.25 038-037-037-000 PELAYO ARTURO & PELAYO EDELMIRA S 1306 ALAMO AVE Modesto CA 95351 $61.25 038-037-038-000 RAGAZZONE MARIA ELENA TR 1310 ALAMO AVE Modesto CA 95351 $61.25 038-037-039-000 VASQUEZ APOLINAR 1316 ALAMO AVE Modesto CA 95351 $61.25 038-037-040-000 OSUNA ANTONIO V HEIRS OF 1318 ALAMO AVE Modesto CA 95351 $61.25 038-037-041-000 GONZALEZ FIDEL MEDINA 1322 ALAMO AVE Modesto CA 95350 $61.25 038-037-042-000 RIVERA PABLO & BASILIA YAZMINA 1326 ALAMO AVE Modesto CA 95351 $61.25 038-037-043-000 GARZA JUAN P 1330 ALAMO AVE Modesto CA 95351 $61.25 038-037-044-000 GARZA JUAN PABLO 1334 ALAMO AVE Modesto CA 95351 $61.25 038-037-045-000 MARTINEZ JUAN MANUEL & PEREZ NANCY RAMIREZ 1336 ALAMO AVE Modesto CA 95351 $61.25 038-037-046-000 GARZA JUAN PABLO 511 RIO GRANDE AVE Modesto CA 95351 $61.25 038-037-047-000 TEMPLO ROSA DE SARON 421 RIO GRANDE AVE Modesto CA 95351 $61.25 038-037-048-000 PADILLA BENJAMIN G 1333 ALAMO AVE Modesto CA 95351 $61.25 038-037-049-000 GARCIA ELPIDIO 1329 ALAMO AVE Modesto CA 95351 $61.25 038-037-050-000 RODRIGUEZ JUAN CARLOS 1325 ALAMO AVE Modesto CA 95351 $61.25 038-037-051-000 SOSA LUIS 1321 ALAMO AVE Modesto CA 95351 $61.25 038-037-052-000 ZERMENO REFUGIO & MARIA 1317 ALAMO AVE Modesto CA 95351 $61.25 #15..
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2022-2023 Engineer’s Annual Report Page 15
Fee Parcel Owner Address City State Zip 2022-23
Ast.
038-037-053-000 ANGLIN JAMES JR & ET UX 1313 ALAMO AVE Modesto CA 95351 $61.25 038-037-054-000 MORENO MANUEL & DE LA TORRE HILDA 1309 ALAMO AVE Modesto CA 95351 $61.25 038-037-057-000 TOOR ARVINDER ET AL 1245 ALAMO AVE Modesto CA 95351 $61.25 038-037-058-000 BURCIAGA RAYMOND SR & RAMONA 1241 ALAMO AVE Modesto CA 95351 $61.25 038-037-059-000 YANEZ RICARDO 1237 ALAMO AVE Modesto CA 95351 $61.25 038-037-060-000 LOMELI GUSTAVO A 1233 ALAMO AVE Modesto CA 95351 $61.25 038-037-061-000 WINTERS SHIRLEY J ET AL TRS 1229 ALAMO AVE Modesto CA 95351 $61.25 038-037-062-000 QUEZADA ARTURO ET AL 1225 ALAMO AVE Modesto CA 95358 $61.25 038-037-063-000 ORTEGA GILBERTO H & ORTEGA FRANCISCA 1221 ALAMO AVE Modesto CA 95351 $61.25 038-037-064-000 PEREZ LUIS A ET AL 1217 ALAMO AVE Modesto CA 95351 $61.25 038-037-065-000 KHAMVONGSA SONEPHET & INSIXIENGMAY PHETDAVONE 1209 ALAMO AVE Modesto CA 95351 $61.25 038-037-066-000 ROMERO ALEJO S & ROMERO FRANCISCA 422 BROADWAY AVE Modesto CA 95351 $61.25 038-037-067-000 CURIEL LAURA ET AL 418 BROADWAY AVE Modesto CA 95351 $61.25 038-037-068-000 O MARCOS MICHAEL RUTH 414 BROADWAY AVE Modesto CA 95351 $61.25 038-037-069-000 RIOS JUVENTINO 410 BROADWAY AVE Modesto CA 95351 $61.25 038-037-071-000 GARCIA VERONICA C 1218 SANTA FE AVE Modesto CA 95351 $61.25 038-037-072-000 TELLECHEA FLORENTINO JR & TELLECHEA JOSEFINA B 1222 SANTA FE AVE Modesto CA 95351 $61.25 038-037-073-000 HENDRIX GUYLANN J 1226 SANTA FE AVE Modesto CA 95351 $61.25 038-037-074-000 MARTINEZ MARIA DE JESUS ET AL 1230 SANTA FE AVE Modesto CA 95351 $61.25 038-037-075-000 DE LA TORRE HUGO 1234 SANTA FE AVE Modesto CA 95351 $61.25 038-037-076-000 NINO ARTURO 1242 SANTA FE AVE Modesto CA 95351 $61.25 038-037-077-000 DE LA RIVA JOEL & DE LA TORRE BARRETO MARIA E 1246 SANTA FE AVE Modesto CA 95351 $61.25 038-037-078-000 ROMO MARTIN & ROMO ANA LUZ 1302 SANTA FE AVE Modesto CA 95351 $61.25 038-037-079-000 GUTIERREZ SALVADOR 1306 SANTA FE AVE Modesto CA 95351 $61.25 038-037-080-000 ANDERSON TRINA ET AL 1310 SANTA FE AVE Modesto CA 95351 $61.25 038-037-081-000 RODRIGUEZ YOLANDA ET AL 1314 SANTA FE AVE Modesto CA 95351 $61.25 038-037-082-000 MY COMMUNITY LLC 1318 SANTA FE AVE Modesto CA 95351 $61.25 038-037-083-000 CORJASSO ESMERALDA 1322 SANTA FE AVE Modesto CA 95351 $61.25 038-037-084-000 DEA BILLY & FRANCES 1326 SANTA FE AVE Modesto CA 95351 $61.25 038-037-085-000 AVILA RAFAEL RAMIRO CASTRO ET AL 1330 SANTA FE AVE Modesto CA 95351 $61.25 038-037-086-000 NORTH CAL INVESTORS LLC 1334 SANTA FE AVE Modesto CA 95351 $61.25 038-037-087-000 TEMPLE BAUTISTA ROSA DE SARON INC 411 RIO GRANDE AVE Modesto CA 95351 $61.25 038-037-088-000 IGLESIA EL BUEN SAMARITANO DE LAS ASAMBLEAS DE DIO 525 RIO GRANDE AVE Modesto CA 95351 $61.25 038-037-089-000 RUELAS FELIPE 1230 ALAMO AVE Modesto CA 95351 $61.25 038-037-090-000 RANGEL JAVIER & MARIA 1301 ALAMO AVE Modesto CA 95351 $61.25 038-037-091-000 BIBLE WAY TABERNACLE 502 BROADWAY AVE Modesto CA 95351 $61.25 038-037-092-000 SANDHU RAJBIR 1210 SANTA FE AVE Modesto CA 95351 $61.25 038-037-093-000 DIAZ THOMAS B & PEREZ ORGA ALICIA 1214 SANTA FE AVE Modesto CA 95351 $61.25 038-038-001-000 CONTRERAS PEDRO 611 RIO GRANDE AVE Modesto CA 95351 $61.25 038-038-002-000 JIMENEZ VICTOR ET AL 1333 MAIN ST Modesto CA 95351 $61.25 038-038-003-000 FLORES AGUSTIN & FLORES IRENE M 1329 MAIN ST Modesto CA 95351 $61.25 038-038-004-000 HERNANDEZ-SORIA IRENE ET AL 1325 MAIN ST Modesto CA 95351 $61.25 038-038-005-000 GARCIA GUADALUPE CHAVEZ DE 1321 MAIN ST Modesto CA 95351 $61.25 038-038-006-000 TORRES RUMALDO & DELIA 1317 MAIN ST Modesto CA 95351 $61.25 038-038-007-000 ARREQUIN PABLO 1313 MAIN ST Modesto CA 95350 $61.25 038-038-008-000 ARREQUIN PABLO 1309 MAIN ST Modesto CA 95351 $61.25 038-038-009-000 GRADILLA ANTONIO & URSUA PIEDAD 1305 MAIN ST Modesto CA 95351 $61.25 038-038-010-000 GRANADOS JACINTO & MADERA ANGELA GUZMAN 1301 MAIN ST Modesto CA 95351 $61.25 038-038-011-000 GARZA JOAQUIN JR 1245 MAIN ST Modesto CA 95351 $61.25 038-038-012-000 ROMERO BAUDELIO ARELLANO ET AL 1241 MAIN ST Modesto CA 95351 $61.25 038-038-013-000 GOMEZ DAVID MOJICA ET AL 1237 MAIN ST Modesto CA 95351 $61.25 038-038-014-000 PALOMO GUADALUPE E 1233 MAIN ST Modesto CA 95351 $61.25 #15..
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Fee Parcel Owner Address City State Zip 2022-23
Ast.
038-038-015-000 MALDONADO FRANCISCO J 1229 MAIN ST Modesto CA 95351 $61.25 038-038-016-000 ROSAS RUBEN & GONZALEZ-ROSAS PRISCILLA 1225 MAIN ST Modesto CA 95351 $61.25 038-038-017-000 ROYAL EQUITY GROUP LLC 1221 MAIN ST Modesto CA 95351 $61.25 038-038-018-000 URRUTIA ERIC JIMENEZ 1217 MAIN ST Modesto CA 95351 $61.25 038-038-019-000 LEW JOE 614 BROADWAY AVE Modesto CA 95351 $61.25 038-038-020-000 RODRIGUEZ FEDERICO 610 BROADWAY AVE Modesto CA 95351 $61.25 038-038-021-000 ALMOLAIKI ABDO 606 BROADWAY AVE Modesto CA 95351 $61.25 038-038-022-000 SPHERA CAPITAL PARTNERS LLC 602 BROADWAY AVE Modesto CA 95351 $61.25 038-038-023-000 CERVANTES-RAMOS JIBRHAN 1214 BOULDER AVE Modesto CA 95351 $61.25 038-038-024-000 LINARES ANA & MARCOS C 1218 BOULDER Modesto CA 95351 $61.25 038-038-025-000 BARAJAS JAVIER & IRMA N 1222 BOULDER AVE Modesto CA 95351 $61.25 038-038-026-000 NAYARES LUISA MUNOZ TR 1226 BOULDER AVE Modesto CA 95351 $61.25 038-038-027-000 GONZALEZ JESUS & GREGORIA 1230 BOULDER AVE Modesto CA 95351 $61.25 038-038-028-000 CASILLAS HERIBERTO & MARIA 1234 BOULDER AVE Modesto CA 95351 $61.25 038-038-029-000 DIAZ MA INES 1238 BOULDER AVE Modesto CA 95351 $61.25 038-038-030-000 BARRON JOSE F & BARRON DOLORES M 1242 BOULDER AVE Modesto CA 95351 $61.25 038-038-031-000 VELASQUEZ PEDRO ET AL 1246 BOULDER AVE Modesto CA 95351 $61.25 038-038-032-000 RIOS AURELIO ET AL 1302 BOULDER AVE Modesto CA 95351 $61.25 038-038-033-000 CEJA LUZ ELENA CHAVEZ DE 1306 BOULDER AVE Modesto CA 95358 $61.25 038-038-034-000 ALSUMERI FAHMI 1310 BOULDER AVE Modesto CA 95351 $61.25 038-038-035-000 OLIDEM-LEONOR CHRISTINA 1314 BOULDER AVE Modesto CA 95351 $61.25 038-038-036-000 LOPEZ MARTHA 1318 BOULDER AVE Modesto CA 95351 $61.25 038-038-037-000 CHAVEZ JOSE & CHAVEZ ANA M 1322 BOULDER AVE Modesto CA 95351 $61.25 038-038-038-000 AGUILAR FELIPE 1326 BOULDER AVE Modesto CA 95351 $61.25 038-038-039-000 BANUELOS IFRAEL 1330 BOULDER AVE Modesto CA 95351 $61.25 038-038-041-000 DEA FRANCES Y ET AL 1334 BOULDER AVE Modesto CA 95351 $61.25 038-038-042-000 DEA FRANCES Y ET AL 603 RIO GRANDE AVE Modesto CA 95351 $61.25 #15..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

June 28, 2022
Date: June 7, 2022
TO: Mayor and City Council
FROM: Joseph P. Lopez, City Manager
SUBJECT: City of Modesto General Sales Tax Ballot Measure CONTACT: Steve Christensen, Budget Manager, [email protected] 209-577-5390
DESCRIPTION:

Consider: (1) Approving a resolution of the Modesto City Council calling an election to be held on November 8, 2022, for voter consideration of a ballot measure seeking voter approval to impose a one-cent transactions and use (sales) tax for general city services; requesting the Board of Supervisors of the County of Stanislaus to consolidate the municipal election with the general election to be held on November 8, 2022; requesting certain services of the Registrar of Voters of Stanislaus County with respect to the consolidated General Municipal Election; and establishing policies and procedures in connection with such an election; and (2) Introduce by title only and waive the first reading of an ordinance adding Article 12 to Chapter 2 of Title 8 of the Modesto Municipal Code imposing a transaction and use tax. (Funding Source: General Fund)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

On January 12, 2022, the City Council held a workshop and was provided information showing the state of the City’s General Fund as well as its various revenue and expenditure benchmarks compared to seven other cities comparable in size and service. The benchmark information provided by the firm, Management Partners, demonstrated how much Modesto lags behind other similar cities in terms of General Fund revenues and expenditures per capita, sales tax revenue per capita, and public safety full-time equivalent (FTE) position counts, as well as parks and recreation expenditures.

After being presented this information, Council directed staff to begin exploring the idea of a possible sales tax ballot measure through the initial step of having a consultant conduct a public opinion/polling survey to gauge citizen response to a possible general sales tax measure. #16..
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Through an informal Request for Proposal (RFP) process, the firm TBWBH Props & Measures and True North Research was chosen to conduct this survey.

On April 21, 2022, during the Finance Committee Budget Workshops, True North Research and TBWBH Props & Measures presented their findings from the survey that was conducted. The random sampling survey was done with a random sampling of 1,117 registered voters likely to participate in the November 2022 election. It was conducted with a mixed approach using email, text, and telephone to conduct the survey with a random sample in both English and Spanish over interviews that lasted an average length of 16 minutes. The overall margin of error was ±

2.9%.

The results of the survey showed favorable results for a potential ballot measure that would establish a one-cent sales tax, until ended by voters, with citizen oversight. The survey showed that 65% of the sample would be in favor from this initial ballot test with an answer of “definitely yes” or “potentially yes.” The survey then went a step further by introducing negative statements about a potential sales tax measure to the sample and then gauging the responses after hearing potential arguments against the measure. The survey showed that this final ballot test only changed the outcomes by 5%, with those in favor decreasing to 60% with a “definitely yes” or “probably yes” answer in support of a potential measure.

Below are the key takeaways from the results of the public opinion/polling survey:

Positive Signs
 Voters value the services they receive from the City and see an opportunity for improvement.
 Strong natural support for proposed measure (65%).
 All ballot tests are well above the simple majority (50% + 1) required for passage of a general tax, even after opposition arguments.

Challenges
 Negative arguments gain some traction.
 Potential hyper-partisan November 2022 election environment.  Unknowns: trajectory of pandemic, inflation, international conflict.

At the end of the Finance Committee Budget Workshops and after hearing the results of the public opinion/polling survey, the Finance Committee passed a motion directing the City Manager to prepare a Measure for a one-cent sales tax increase and forward it to Council.

DISCUSSION:

The City of Modesto continues to face deficits that it has seen in its budget since the Great Recession in 2008. This structural deficit has been systemic and ongoing. In fact, it took 10 full years for the City’s revenues to recover from the Great Recession. Despite the increase in service demands over the years, significant cuts have been made to every portion of the City’s budget, impacting public safety, parks, road conditions and traffic safety, and our ability to combat blight and homelessness.

Staffing has been reduced by 27% (224 FTEs) in the General Fund departments. This includes 77 sworn police positions, 56 fire personnel, and 92 positions in other General Fund departments. These reductions in staffing have corresponded to reduced levels of services #16..
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which are detrimental to the City and achieving the Council’s goals. These reductions have occurred over time and have resulted in Public Safety now being 80% of the City’s General Fund Operating Budget. Simply put, revenues have never caught up with the costs of providing services to citizens.

The City continued through the shutdowns of the COVID-19 pandemic and weathered the economic uncertainty that surrounded the last few years, but that was only done through the addition of one-time funds from the State and Federal governments in the form of Coronavirus Aid, Relief, and Economic Security (CARES) Act and American Rescue Plan Act (ARPA) funding. These dollars are running out in the next fiscal year and will no longer be available to assist in balancing the budget and addressing any General Fund shortfalls beyond Fiscal Year 23-24.

Due to state funding formulas, the City of Modesto simply doesn’t receive enough General Fund revenue as compared to other benchmark cities. In a study completed by Management Partners, information was provided to Council at the Council Workshop held on January 12, 2022, that showed the disparity in general fund tax revenue (property and sales tax) that is received by the City of Modesto in comparison to seven other comparable cities in California.

The cities used in the study were Bakersfield, Glendale, Oxnard, Roseville, San Bernardino, Santa Rosa, and Stockton. Below are two key takeaways from the study:
 Modesto’s sales tax revenue (per capita) is 61% less than the average of other benchmark cities and is growing at a slower rate.
 Modesto’s General Fund expenditures per capita are 36% less than the peer average, and if Public Safety expenditures are excluded, Modesto’s General Fund expenditures per capita are 87% less than the peer average.

The last point underscores the stark difference in funding for non-Public Safety functions such as Parks and Recreation, Code Enforcement, Economic Development, Finance, Human Resources, etc., through the General Fund. The Management Partners study also suggests that other California cities’ revenues recovered while Modesto’s did not. Other cities’ economies recovered on their own, or they asked their voters for increases to their sales tax that were approved and augmented their General Fund revenues.

The City of Modesto is a close-knit community that is facing big-city issues like homelessness, blight, and criminal activity. A potential influx of revenue that could be generated from a onecent sales tax measure would allow the City to proactively develop a plan to improve City services and the quality of life for the citizens of Modesto. This additional funding would help to improve City Services such as:
 Addressing homelessness.
 Providing quicker responses to 911 emergencies, including DUIs, gang, and drugrelated crimes.  Supporting neighborhood police patrols, crime prevention, traffic enforcement, fire protection, and paramedics.
 Fixing and maintaining roads and sidewalks.
 Keeping parks, recreation facilities, and public areas safe and clear of trash and litter. #16..
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One important distinction to make is that all funds raised by the one-cent sales tax measure would be used to fund community services and facilities in Modesto. The monies received through the tax would be utilized to address Modesto’s unique needs and priorities. No funds could be taken away by the State or County.

Community oversight will be put into place to ensure that all funds are spent appropriately.

Pursuant to the proposed Sales Tax Ordinance, if adopted by the voters, the Council will appoint a nine-member Oversight Board by June 30, 2023, to meet publicly at least semiannually to review all revenues and expenditures of funds from the tax authorized by this Ordinance, review annual audit reports related to the tax measure, and make at least one written annual report to the City Council at a public meeting summarizing the Oversight Board’s findings. Nothing would prevent the Oversight Board from providing the Council with additional reports. The Oversight Board will consist of a representative from each Council district and three “at-large” Modesto residents. Strong preference for members that represent a cross-section of the community, possibly including, but not limited to, representatives of schools, local trade associations, chambers of commerce, nonprofit organizations, senior citizen groups, nonpartisan political organizations (such as the League of Women Voters), tax-payer association, and neighborhood organizations (including individuals retired from such groups).

As a result of staff analysis, City Council discussions, and community input, the Finance Committee directed the City Manager to prepare the required documents placing a general onecent sales tax Ballot Measure on the November 8, 2022 election for voter consideration. The attached Resolution would place the sales tax measure on the November 8, 2022 election, which includes the attached sales tax ordinance. The Resolution also requests that the Board of Supervisors and the Registrar of Voters of Stanislaus County consolidate the election and set forth policies and procedures in connection with the election. If adopted by the Council, the Resolution would place the following question for voter consideration at the November 8, 2022 election:
“To fund general city services in the City of Modesto, such as police patrols, gang, drug, and crime prevention; fire protection, paramedic/911 emergency response; addressing homelessness; cleaning-up trash and illegal dumping; keeping streets, parks, sidewalks, landscapes and infrastructure safe, clean, and well-maintained, shall an ordinance establishing a one-cent sales tax be adopted, providing $39,000,000 annually for general government use in Modesto until ended by voters, with citizen oversight and all money locally controlled?” FISCAL IMPACT:

If a one-cent sales tax measure is placed on the ballot in November and were to be approved by the voters with a 50% + 1 vote, the City would receive approximately $39 million annually in additional sales tax revenue into its General Fund. These additional funds would then be made available to fund general City Services, such as police patrols, gang, drug and crime prevention units, fire protection, paramedic, and 911 emergency response. The funds would be made available to use for addressing homelessness, cleaning-up trash and illegal dumping, and keeping streets, parks, sidewalks, landscapes, and infrastructure safe, clean and wellmaintained. If enacted, the City would not begin to see revenue from the sales tax ballot measure until April 2023. The first year of revenue from the measure would be estimated to be $9.75M.
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The spending from the general sales tax augmentation would be reviewed by a Community Oversight Board that would receive periodic updates on the spending made from the sales tax measure proceeds. Additionally, financial audits of the funds would be made, and the City Council would receive annual updates to ensure that all voter-approved funds are spent as promised.

If the measure does not pass, the City would not be able to maintain or enhance critical areas that are important to the citizens of Modesto. The General Fund long-range forecast shows that the deficit continues to increase in the out-years, which will only lead to additional reductions or the use of the City’s General Fund reserves to balance future budgets. Without additional funding, the City will be required to align expenditures with current revenue streams in such a way that critical services will need to be reduced or eliminated. In order to provide a balanced budget, the City has reached a point where future cuts will need to come from the largest portions of the budget that can ill afford further reductions, Public Safety.

COMMITTEE RECOMMENDATION:

This item was not presented to a sub-committee, but it is being brought forward to City Council based upon the motion from the Finance Committee at the April 21, 2022 Finance Committee Budget Workshop meeting that directed the City Manager to prepare a Measure for a one-cent tax increase and forwarding to Council. The motion was passed with a 3-0 vote.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution of the Modesto City Council calling an election to be held on November 8, 2022, for voter consideration of a ballot measure seeking voter approval to impose a one-cent transactions and use (sales) tax for general City Services; requesting the Board of Supervisors of the County of Stanislaus to consolidate the municipal election with the general election to be held on November 8, 2022; requesting certain services of the Registrar of Voters of Stanislaus County with respect to the consolidated General Municipal Election; and establishing policies and procedures in connection with such an election.

Introduce by title only and waive the first reading of an ordinance adding Article 12 to Chapter 2 of Title 8 of the Modesto Municipal Code imposing a transaction and use tax. (Subject to voter approval)
Approved by:

Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Ordinance
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION OF THE MODESTO CITY COUNCIL CALLING AN ELECTION TO BE HELD ON NOVEMBER 8, 2022, FOR VOTER CONSIDERATION OF A BALLOT MEASURE SEEKING VOTER APPROVAL TO IMPOSE A ONECENT TRANSACTIONS AND USE (SALES) TAX FOR GENERAL CITY SERVICES; REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY

OF STANISLAUS TO CONSOLIDATE THE MUNICIPAL ELECTION WITH THE GENERAL ELECTION TO BE HELD ON NOVEMBER 8, 2022;

REQUESTING CERTAIN SERVICES OF THE REGISTRAR OF VOTERS OF

STANISLAUS COUNTY WITH RESPECT TO THE CONSOLIDATED
GENERAL MUNICIPAL ELECTION; AND ESTABLISHING POLICIES AND

PROCEDURES IN CONNECTION WITH SUCH AN ELECTION
WHEREAS, the residents and the City Council of the City of Modesto (“City”) desire to restore critical City services aimed at reducing crime, maintaining a safe and inviting community, and improving quality of life, and
WHEREAS, the City has a special history and a bright future, with a treasured small-town feel; however, it is a growing City with big-city problems such as homelessness, blight, and crime, and
WHEREAS, the City does not receive enough funding from taxes, the State or the County to address local residents’ growing needs and concerns, and WHEREAS, the City’s sales tax rate of 7.875% is one of the lowest percentiles statewide and in the region; with the City’s portion of that revenue being only one-cent, and
WHEREAS, the residents of the City receive far fewer services per capita than other benchmark cities in California, and
WHEREAS, since the Great Recession, the City’s organization has been decimated with the reduction of twenty-seven percent (27%) of the staff in the General #16..
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Fund departments, including seventy-seven (77) sworn Police officers and fifty-six (56) Fire personnel, and
WHEREAS, the cuts the City has had to make have resulted in a decrease in Police, Fire, and Emergency Medical Service response times at unacceptable levels far below industry standards, and
WHEREAS, even with these cuts the City has had to make to Police and Fire personnel, public safety represents 80% of the City’s General Fund Operating Expenditures, and
WHEREAS, the City’s once robust recreation services have also seen drastic changes. Due to funding shortages, the City’s parks system has deteriorated to unacceptable conditions, with Seventy-Four Million Dollars ($74,000,000) in deferred maintenance, and
WHEREAS, due to these funding shortages, it now takes months or even several years to respond to tree and sidewalk maintenance requests, and WHEREAS, the City struggles to provide even basic City services without the reliance on one-time State and Federal funds assistance, and WHEREAS, the City of Modesto is committed to long-term fiscal prudence, responsibility, innovation, and self-reliance, and
WHEREAS, a one-cent general revenue sales tax would enable the City to proactively develop a plan to improve City services and the quality of life for the citizens of Modesto. This additional funding would help to improve City Services such as, but not limited to:
• Addressing homelessness;
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• Providing quicker responses to 911 emergencies, including DUIs, gang, and drug-related crimes;
• Supporting neighborhood police patrols, crime prevention, traffic enforcement, fire protection, and paramedics;
• Fixing and maintaining roads and sidewalks; and
• Keeping parks, recreation facilities, and public areas safe and clear of trash and litter.

WHEREAS, even after a one-cent general revenue sales tax, the City’s sales tax rate will still be one of the lowest in the region; however, it will help keep the City competitive and attractive to business investment, and
WHEREAS, a one-cent general revenue sales tax would reduce the City’s need to rely on State and Federal dollars, which often come with regulations on how the money can be spent. Instead, the City could use these local funds to satisfy local needs and priorities, and
WHEREAS, these local funds cannot be taken by the County, State, or Federal Government and are subject to local oversite, and
WHEREAS, pursuant to Elections Code Section 9222, the City Council may submit to the qualified voters of the City a proposition without a petition; therefore, by ordinance or resolution, and
WHEREAS, the City Council desires to submit to the qualified voters of the City a measure asking whether to amend the Modesto Municipal Code to add a one-cent transactions and use (“sales”) tax as described above; and #16..
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WHEREAS, the City Council, pursuant to Resolution 2022-248, called for a General Municipal Election to be held on and consolidated with the November 8, 2022 general election and for the Stanislaus County Elections Department to conduct such election on behalf of the City of Modesto and therefore the Council now desires to include this Measure on the ballot at said election.

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

SECTION 1. Placement of Measure on the Ballot. Pursuant to California Elections Code Section 9222 and Revenue and Taxation Code section 7285.9, the City Council hereby calls and orders to be held in the City of Modesto, California, on Tuesday, November 8, 2022, an election at which a measure shall be submitted to the voters of the City for approval an ordinance to enact a local transactions and use tax. The question shall appear and be printed on the ballot as follows:

MEASURE ___
To fund general city services in the City of
Modesto, such as police patrols, gang, drug, and
crime prevention; fire protection, paramedic/911
emergency response; addressing homelessness;
cleaning-up trash and illegal dumping; keeping
streets, parks, sidewalks, landscapes and
infrastructure safe, clean, and well-maintained,
shall an ordinance establishing a one-cent sales
tax be adopted, providing $39,000,000 annually
for general government use in Modesto until
ended by voters, with citizen oversight and all
money locally controlled?
Yes
No


SECTION 2. Approval of Ordinance. The City Council hereby approves the proposed ordinance to be submitted to the voters, attached hereto as Exhibit A. The proposed measure shall not take effect unless and until approved by a vote of at least a simple #16..
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majority of affirmative votes of the voters voting on the question at the election. The ordinance specifies that the rate of the transactions tax shall be one-cent of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in the City; it specifies that the rate of the transactions and use tax shall be one-cent of the sales price of tangible personal property stored, used, or otherwise consumed in the City. The tax shall be in effect until it is repealed by the voters. The California Department of Tax and Fee Administration shall collect the tax from retailers subject to the tax and remit the funds to the City. The full text of the Measure will be presented in the Voter Information Guide.

SECTION 3. Publication of Measure. The City Clerk is hereby directed to cause notice of the Measure to be published once in The Modesto Bee, the official newspaper of said City and a newspaper of general circulation printed and published in said City, in accordance with Section 12111 of the Elections Code and Section 6061 of the Government Code.

SECTION 4. Request to Consolidate and Conduct Election and Canvass Returns. (a) Pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Stanislaus is hereby requested to consent and agree to the consolidation of a General Municipal Election with the statewide election on Tuesday, November 8, 2022, for the purpose of placing the Measure set forth in Section 1 on the ballot. The City Council acknowledges that the consolidated election will be conducted in the manner prescribed in Elections Code section 10418. (b) The County of Stanislaus Election Department is authorized to canvass the returns of the regularly scheduled General Municipal Election. The election #16..
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shall be held in all respects as if there were only one (1) election, and only one (1) form of ballot shall be used.
(c) The Board of Supervisors is requested to issue instructions to the Stanislaus County Registrar of Voters to take any and all steps necessary for the holding of the consolidated election.
(d) The City of Modesto recognizes that additional costs will be incurred by the County of Stanislaus by reason of this consolidation and agrees to reimburse the County for any additional costs above and beyond those reimbursed by the State.

SECTION 5. Submission of Ballot Arguments and Impartial Analysis. (a) The last day for submission of direct arguments for or against the Measure shall be by 5:00 p.m. on July 12, 2022.
(b) The last day for submission of rebuttal arguments for or against the Measure shall be by 5:00 p.m. on July 22, 2022.
(c) Direct arguments shall not exceed three hundred (300) words and shall be signed by not more than five (5) persons.
(d) Rebuttal arguments shall not exceed two hundred fifty (250) words and shall be signed by not more than five (5) persons; those persons may be different persons than the persons who signed the direct arguments.
(e) The City Attorney shall prepare an impartial analysis of the Measure by July 22, 2022.
(f) Pursuant to California Elections Code Section 9282, the Mayor is hereby authorized to prepare and file a written argument in favor of the proposed measure, not to #16..
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June __, 2022 7 2022-XXXX
exceed three hundred (300) words, on behalf of the City Council. At the Mayor’s discretion, the argument may be signed by any combination of members of the City Council or bona fide associations of citizens or by individual voters who are eligible to vote on the Measure. In the event that an argument is filed against the measure, the Mayor is also authorized to prepare a rebuttal argument on behalf of the City Council, which may also be signed by any combination of members of the City Council or bona fide associations of citizens or by individual voters who are eligible to vote on the Measure, and who may be different from the signers of the direct argument. Submissions by email or facsimile are allowed for direct arguments and rebuttal arguments that are signed and otherwise meet the above requirements and the California Elections Code provided that the original copy thereof is delivered to the City Clerk within twenty-four (24) hours of submission of the electronic version.
(g) Pursuant to California Elections Code Section 9285, when the City Clerk has selected the arguments for and against the Measure, which will be printed and distributed to the voters, the City Clerk shall send copies of the argument in favor of the Measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.

SECTION 6. Effective Date. This Resolution shall become effective immediately upon its passage and adoption. The City Clerk is directed to file a certified copy of this Resolution with the Board of Supervisors of Stanislaus County and the Stanislaus County Elections Department. The City Clerk is hereby authorized and directed to take all steps #16..
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June __, 2022 8 2022-XXXX
necessary to place the Measure on the ballot and to prepare all required notices related to the ballot measure, and to publish such notices as required by law.

SECTION 7. Passage of the Resolution. This Resolution must be approved by a twothirds (2/3) vote of the City Council.

SECTION 8. CEQA. The approval of this Resolution is exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq., “CEQA,” and 14 Cal. Code Reg. §§ 15000 et seq., “CEQA Guidelines”). The transactions and use tax to be submitted to the voters is a general tax that can be used for any legitimate governmental purpose; it is not a commitment to any particular action. As such, under CEQA Guidelines section 15378(b)(4), the tax is not a project within the meaning of CEQA because it creates a government funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. If revenue from the tax were used for a purpose that would have either such effect, the City would undertake the required CEQA review for that particular project. Therefore, under CEQA Guidelines section 15060, review under CEQA is not required.

The foregoing Resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 28th day of June 2022, by Council Member , who moved its adoption, which motion being duly seconded by Council Member , was upon roll call carried and the Resolution adopted by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
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June __, 2022 9 2022-XXXX
ATTEST: ______________ _____________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:

By: _________________ __________
JOSE M. SANCHEZ, City Attorney
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1 ORDINANCE NO.________-C.S.

AN ORDINANCE ADDING ARTICLE 12 TO
CHAPTER 2 OF TITLE 8 OF THE MODESTO

MUNICIPAL CODE IMPOSING A TRANSACTIONS

AND USE TAX
The People and the City Council of the City of Modesto do ordain as follows:

WHEREAS, the People and the City Council of the City of Modesto desire to restore critical City Services aimed at reducing crime, maintaining a safe and inviting community, and improving quality of life; and
WHEREAS, the City of Modesto (“City”) has a special history and a bright future, with a treasured small-town feel; however, it is a growing City with big-city problems such as homelessness, blight, and crime; and
WHEREAS, the City does not receive enough funding from taxes, the State or the County to address local residents’ growing needs and concerns; and WHEREAS, the City’s sales tax rate of 7.875% is one of the lowest percentiles statewide and in the region; with the City’s portion of that revenue being only one percent (1%); and WHEREAS, the residents of the City receive far fewer services per capita than other benchmark cities in California; and
WHEREAS, since the Great Recession, the City’s organization has been decimated with the cutting of twenty-seven percent (27%) of the staff in the General Fund departments, including seventy-seven (77) sworn Police officers and fifty-six (56) Fire personnel; and WHEREAS, the cuts the City has had to make have resulted in a decrease in Police, Fire, and Emergency Medical Service response times at unacceptable levels far below industry standards; and
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2 WHEREAS, even with these cuts the City has had to make to Police and Fire personnel, public safety represents eight (80%) of the City’s General Fund; and WHEREAS, the City’s once robust recreation services have also seen drastic changes.

Due to funding shortages, the City’s parks system has deteriorated to unacceptable conditions, with Seventy-Four Million Dollars ($74,000,000) in deferred maintenance; and WHEREAS, due to these funding shortages, it now takes months or even several years to respond to tree and sidewalk maintenance requests; and WHEREAS, the City struggles to provide even basic City services without the reliance on one-time State and Federal funds assistance; and
WHEREAS, the City of Modesto is committed to long-term fiscal prudence, responsibility, innovation, and self-reliance; and
WHEREAS, a one percent (1%) general revenue sales tax would enable the City to proactively develop a plan to improve City services and the quality of life for the citizens of Modesto. This additional funding would help to improve City Services such as, but not limited to:
 Addressing homelessness.
 Providing quicker responses to 911 emergencies, including DUIs, gang, and drugrelated crimes.  Supporting neighborhood police patrols, crime prevention, traffic enforcement, fire protection, and paramedics.
 Fixing and maintaining roads and sidewalks.
 Keeping parks, recreation facilities, and public areas safe and clear of trash and litter.
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3 WHEREAS, even after a one percent (1%) general revenue sales tax, the City’s sales tax rate will still be one of the lowest in the region; however, it will help keep the City competitive and attractive to business investment; and
WHEREAS, a one percent (1%) general revenue sales tax would reduce the City’s need to rely on State and Federal dollars, which often come with regulations on how the money can be spent. Instead, the City could use these local funds to satisfy local needs and priorities; and WHEREAS, these local funds cannot be taken by the County, State, or Federal Government and are subject to local oversite.

SECTION 1. INCORPORATION OF RECITALS. The City Council and the People of Modesto find that all the Recitals are true and correct and are incorporated herein by reference.

SECTION 2. AMENDMENT OF MUNICIPAL CODE. Article 12 is hereby added to Chapter 2 of Title 8 of the Modesto Municipal Code to read as follows:
“ARTICLE 12. TRANSACTION AND USE TAX.
8-2.1201- Title.

This Ordinance shall be known as the Modesto Transactions and Use Tax Ordinance.

This Ordinance shall be applicable in the incorporated territory of the City (hereinafter “City.”) 8-2.1202 - Operative Date.
“Operative Date” means the first day of the first calendar quarter commencing more than 110 days after the adoption of this Ordinance, the date of such adoption being as set forth below. #16..
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4 8-2.1203 - Purpose.

This Ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:

A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.

B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.

C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes.

D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this Ordinance. #16..
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5 8-2.1204 - Contract With State.

Prior to the operative date, the City shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the California Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract. 8-2.1205 - Transactions Tax Rate.

For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of one percent (1%) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this Ordinance. 8-2.1206 - Place of Sale.

For the purposes of this Ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration.
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6 8-2.1207 - Use Tax Rate.

An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this Ordinance for storage, use or other consumption in said territory at the rate of one percent (1%) of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made. 8-2.1208 - Adoption of Provisions of State Law.

Except as otherwise provided in this Ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this Ordinance as though fully set forth herein. 8-2.1209 - Limitations on Adoption of State Law and Collection of Use Taxes.

In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:

A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when:

1. The word "State" is used as a part of the title of the State Controller, State Treasurer, State Treasury, or the Constitution of the State of California;

2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this Ordinance; #16..
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7 3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or;
b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.

4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.

B. The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203.

1. “A retailer engaged in business in the District” shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the State by the retailer and all persons related to the retailer that exceeds Five Hundred Thousand Dollars ($500,000). For purposes of this section, a person is related to another person if both persons are related to each other pursuant to Section 267(b) of Title 26 of the United States Code and the regulations thereunder. #16..
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8 8-2.1210 - Permit Not Required.

If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this Ordinance. 8-2.1211 - Exemptions and Exclusions.

A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax.

B. There are exempted from the computation of the amount of transactions tax the gross receipts from:

1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.

2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division #16..
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9 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division

3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and
b. With respect to commercial vehicles, by registration to a place of business outof-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.

3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this Ordinance.

4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this Ordinance.

5. For the purposes of Subparagraphs (3) and (4) of this Section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

C. There are exempted from the use tax imposed by this Ordinance, the storage, use or other consumption in this City of tangible personal property:
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10 1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance.

2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.

3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this Ordinance.

4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this Ordinance.

5. For the purposes of Subparagraphs (3) and (4) of this Section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

6. Except as provided in Subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal #16..
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11 property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.

7. "A retailer engaged in business in the City" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City.

D. Any person subject to use tax under this Ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax. 8-2.1212- Amendments.

All amendments subsequent to the effective date of this Ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this Ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this Ordinance.
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12 8-2.1213 - Enjoining Collection Forbidden.

No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this Ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected. 8-2.1214 - Annual Audit.

Annually the City Council retains an independent auditor to conduct an audit of and provide audited financial statements for all of the City’s financial activities. The auditor shall include an accounting of the revenue received from the tax in the audited financial statements.

The auditor’s report shall be presented to the City Council, be reviewed by the Oversight Board, made available on the City’s website and made available to the public. 8-2.1215 – Oversight Board
The City Council shall appoint a nine (9) -member Oversight Board by June 30, 2023 to meet publicly at least semi-annually to review all revenues and expenditures of funds from the tax authorized by this Ordinance, review annual audit reports related to the tax measure, and make at least one (1) written annual report to the City Council at a public meeting summarizing the Oversight Board’s findings. The Oversight Board shall consist of a representative from each Council district and three “at-large” Modesto residents. The City Council shall give strong preference to members that represent a cross-section of the community, possibly including, but not limited to, representatives of schools, local trade associations, chambers of commerce, nonprofit organizations, senior citizen groups, non-partisan political organizations (such as the League of Women Voters), tax-payer association, and neighborhood organizations (including individuals retired from such groups).
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13 8-2.1216 – Amendments by City Council.

The following amendments to this Ordinance must be approved by the voters of the City:
increasing the tax rate or revising the methodology for calculating the tax such that a tax increase would result; imposing the tax on transactions and uses not previously subject to the tax (unless such amendment occurs automatically by operation of Section 8-2.1112); or extending the tax.

The City Council may otherwise amend this Ordinance without submitting the amendment to the voters for approval.
8-2.1217 – Termination Rate.

The authority to levy the tax imposed by this Ordinance shall expire when ended by the voters of the City.”
SECTION 3. ADJUSTMENT OF APPROPRIATIONS LIMIT. Pursuant to Article XIIIB of the Constitution of the State of California and applicable laws, the appropriations limit for the City is hereby increased by the aggregate sum authorized to be levied by this tax for fiscal year 2022-23 and each year thereafter.

SECTION 4. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The approval of this Ordinance is exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq., “CEQA,” and 14 Cal. Code Reg. §§ 15000 et seq., “CEQA Guidelines”). This Ordinance imposes a general tax that can be used for any legitimate governmental purpose; it is not a commitment to any particular action. As such, under CEQA Guidelines section 15378(b)(4), the Ordinance is not a project within the meaning of CEQA because it creates a government funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment.

If revenue from the tax were used for a purpose that would have either such effect, the City would #16..
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14 undertake the required CEQA review for that particular project. Therefore, pursuant to CEQA Guidelines section 15060, CEQA analysis is not required.

SECTION 5. SEVERABILITY. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.

SECTION 6. EFFECTIVE DATE. This Ordinance relates to the levying and collecting of the City transactions and use taxes and shall take effect immediately upon applicable voter approval.

The foregoing Ordinance was adopted by City Council of the City of Modesto, subject to voter approval, on ____________________, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________________
SUE ZWAHLEN, Mayor
ATTEST:
____________________________
DIANE NAYARES-PEREZ, City Clerk
APPROVED AS TO FORM:
________________________________
JOSE M. SANCHEZ, City Attorney
5110148.6
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

June 28, 2022
Date: June 21, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jose M. Sanchez, City Attorney
SUBJECT: City of Modesto Charter Amendments Ballot Measure CONTACT: Jose M. Sanchez, City Attorney, 209-577-5284, [email protected] DESCRIPTION:

Consider adopting a Resolution Placing a Measure on the November 8, 2022 General Municipal Election Ballot for Voter Consideration of Amendments to the City Charter; Requesting the Board of Supervisors of the County of Stanislaus to Consolidate the Municipal Election with the General Election to be Held on November 8, 2022, Requesting Certain Services of the Registrar of Voters of Stanislaus County with Respect to the Consolidated General Municipal Election; and Establishing Policies and Procedures in Connection with such an Election. (Funding Source: General Fund) STRATEGIC PLAN ELEMENT:

This item supports Goal I: Promote Trust and Engagement of the City of Modesto 2020-2025 Strategic Plan.

BACKGROUND:

The City of Modesto is organized as a charter city. Cities in California are organized as either general law cities or charter cities. Charter cities have greater autonomy than general law cities.

The Modesto City Charter is equivalent to the City’s constitution and any change to the Charter must be approved by the City’s voters. Section 1604 of the City Charter requires that the Council cause the Charter to be reviewed at least every 10 years.

On September 10, 2019, the Council approved a process for creating a Charter Review Committee (the “Committee”). Each Council Member nominated one person to serve as a member of the Committee and those seven Committee Members were then authorized to nominate up to four additional members to the Committee and forward them to Council for ratification. The Mayor was also authorized to appoint up to two additional non-voting members to the Committee. On October 22, 2019, the Council adopted Resolution 2019-487, making the seven initial appointments to the Committee, and the four additional voting members were appointed in February 2020.
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City Council, June 28, 2022
City of Modesto Charter Amendment Ballot Measure

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The Council, Charter Officers, and staff submitted potential changes to the Charter to the Committee for review, and the Committee reviewed other potential changes on its own initiative.

Unfortunately, the outbreak of the COVID-19 pandemic delayed the Charter Review Committee’s work.

After completing its review, the Committee approved and provided a report to the City Council that contained a number of recommendations regarding changes to the City Charter. A copy of that report is included as an attachment to this Agenda Report. The City Council held two workshops, on November 23, 2021 and January 12, 2022, to consider the Committee’s recommendations as well as additional recommended changes from individual Council Members. The City Council directed staff to prepare a measure to submit to the voters that, if approved, would make several amendments to the City Charter.

DISCUSSION:

The proposed resolution will place a measure on the November 8, 2022 ballot. If adopted, the Measure will amend the City Charter as summarized below:

Timing of Mayor’s Election
Currently, the primary election for the Office of Mayor occurs in November, and if no candidate receives a majority of the votes cast, a run-off election occurs in February. The Measure would change the primary election to coincide with the statewide primary (generally either in March or June). If no candidate receives a majority of the votes cast, the run-off election would occur on the same date as the statewide general election in November.

City Manager Residency Requirement
The Measure would eliminate a potentially illegal requirement that the City Manager reside within the City of Modesto.

Budget Timeline
The Measure would make a number of changes to the timeline related to the development of the budget. The Measure would move the Mid-Year Budget Report deadline from February 1 to March 15 so that the report can take into account property tax revenue and second-quarter sales tax data received in February. The Measure would also move the deadline for the Mayor’s Final Budget Modifications from May 31 to May 15, which will give the Council additional regular meetings at which to consider the budget before the start of the new fiscal year. Finally, the Measure would add new language to the City Charter requiring the Mayor to review and consider budget priorities from individual Council Members for inclusion in the proposed budget.

Audit Committee
The City currently has an Audit Committee that is created in the Municipal Code. The Measure would add the Audit Committee to the City Charter. The purpose of the Audit Committee would be to advise the City Council on items related to the work of the City Auditor and the City’s financial statement audits, and the Measure includes further details on the Audit Committee’s duties. The Audit Committee would be comprised of the Mayor, two members of the City #17..
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City of Modesto Charter Amendment Ballot Measure

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Council, and two members of the public who are residents of the City of Modesto and possess a minimum of two years of experience in financial or performance auditing.

City Auditor
The proposed Measure would make a number of changes to the Office of the City Auditor in order to strengthen that position. First, the qualifications of the City Auditor will be changed to allow candidates with “adequate professional proficiency for the job, demonstrated by relevant certifications such as Certified Internal Auditor (CIA), Certified Public Accountant (CPA) or Chartered Accountant (CA) or have an advanced degree and at least five (5) years of experience in government auditing, evaluation or analysis.” Currently, the City Auditor is required to be a CPA, which can significantly narrow the pool of qualified candidates. Second, the duties and responsibilities of the City Auditor were increased and clarified. Specifically, the responsibilities of the City Auditor were modified to closely reflect the standard responsibilities for auditors outlined in the Association of Local Government Auditors’ model legislation. These responsibilities are considered a best practice by professional auditors.

Minor Technical Changes
In addition to the amendments described above, the City Council also approved a number of other technical amendments to the City Charter in the Measure. Those changes include the following:
• Human Relations Commission: The Measure would allow the City Council to designate another commission to carry out the duties of the Human Relations Commission. • Culture Commission: The Measure would remove specific membership requirements to allow for greater flexibility in selecting Commissioners. • Board of Personnel Appeals: The Measure would recognize that the California Public Employment Relations Board (“PERB”) currently fulfills the role of the City’s Board of Personnel Appeals.
• Purchase of Supplies and Equipment: The Measure would require the City Council to annually review policies and procedures governing bidding regulations and purchases of supplies, services, and equipment.
• Official Advertising: The Measure would allow for the use of modern technology in advertising bids, when allowed under state law.
• Meetings: The Measure would allow modern technology in advertising meetings, when allowed under state law.

Filling Council Vacancies
In addition to the amendments recommended by the Charter Review Committee and previously reviewed by the City Council, staff is also recommending a change to the process for filling vacancies on the City Council. Currently, the City Charter requires the City Council to make an appointment to fill a vacancy on the City Council within 30 days of the vacancy occurring, or the seat remains vacant until an election can be held. The 30-day requirement is a very short amount of time for the City to complete an appointment process, which would likely involve a public application period and an opportunity for the City Council to conduct interviews of applicants before making an appointment. Staff recommends changing this timeline to 60 days in order to provide additional time to complete the appointment process. #17..
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City of Modesto Charter Amendment Ballot Measure

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The proposed Resolution would place a measure on the November 8, 2022 ballot for consideration by the voters. The Resolution asks the Board of Supervisors to approve the consolidation of this election with the general election scheduled for that date and asks the Registrar of Voters to conduct the election. The Resolution also establishes the deadlines for submittal of direct arguments in favor/against the Measure and rebuttal arguments, as well as other related policies.

The Measure requires approval from a simple majority (50%+1) of the voters voting on the Measure to pass.

FISCAL IMPACT:

The estimated cost of placing the Measure on the ballot is $150,000 to $200,000. The exact cost will depend, in part, on the final number of registered voters for the November 8, 2022 election and the number of measures on the ballot throughout the County. The estimated cost is included in the adopted Fiscal Year 2022-23 General Fund Elections budget. If the Measure is adopted by the voters, there is no direct cost to the amendments.

COMMITTEE RECOMMENDATION:

These amendments to the City Charter were discussed and recommended by the Charter Review Committee and were previously considered by the City Council at workshops on November 23, 2021 and January 12, 2022.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution Placing a Measure on the November 8, 2022 General Municipal Election Ballot for Voter Consideration of Amendments to the City Charter; Requesting the Board of Supervisors of the County of Stanislaus to Consolidate the Municipal Election with the General Election to be Held on November 8, 2022, Requesting Certain Services of the Registrar of Voters of Stanislaus County with Respect to the Consolidated General Municipal Election; and Establishing Policies and Procedures in Connection with such an Election.

Approved by:

Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Amendment to Charter

3. Charter Review Committee Report
5121926.3
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MODESTO CITY COUNCIL
RESOLUTION NO. 2022-
RESOLUTION PLACING A MEASURE ON THE NOVEMBER 8, 2022

GENERAL MUNICIPAL ELECTION BALLOT FOR VOTER
CONSIDERATION OF AMENDMENTS TO THE CITY CHARTER;

REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF

STANISLAUS TO CONSOLIDATE THE MUNICIPAL ELECTION WITH THE GENERAL ELECTION TO BE HELD ON NOVEMBER 8, 2022, REQUESTING

CERTAIN SERVICES OF THE REGISTRAR OF VOTERS OF STANISLAUS

COUNTY WITH RESPECT TO THE CONSOLIDATED GENERAL
MUNICIPAL ELECTION; AND ESTABLISHING POLICIES AND

PROCEDURES IN CONNECTION WITH SUCH AN ELECTION
WHEREAS, the City of Modesto is a charter city existing under the laws of the State of California, and
WHEREAS, Section 1604 of the Charter of the City of Modesto provides that the City Council shall cause the Charter to be reviewed at least every ten (10) years, and WHEREAS, on October 22, 2019, the City Council adopted Resolution 2019-487 establishing a Charter Review Committee and appointing seven (7) members of the public to serve on the Charter Review Committee, and
WHEREAS, the initial members of the Charter Review Committee recommended four (4) additional members of the public and two (2) alternates to serve on the Committee, and in February 2020, the City Council and such individuals served on the Charter Review Committee, and
WHEREAS, the Charter Review Committee met multiple times in 2020 and 2021, and conducted a review of the City Charter, and
WHEREAS, the Charter Review Committee submitted a report to the City Council, dated August 10, 2021, listing several recommended changes to the City Charter, and
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WHEREAS, the Charter Review Committee’s report identified five (5) key recommendations for the proposed changes to the Charter concerning: changing the timing of the Mayor’s elections, strengthening and further defining the Office of the City Auditor, adding the Audit Committee to the City Charter, eliminating the residency requirement for the City Manager, and adjusting the timeline for preparation and adoption of the annual budget, along with several other minor changes, and WHEREAS, the City Council considered the recommendations from the Charter Review Committee at two (2) workshops on November 29, 2021 and January 12, 2022, and thereafter directed staff to prepare an item to place many of the changes to the Charter recommended by the Charter Review Committee on the November 2022 ballot, and
WHEREAS, the City’s Charter is similar to a constitution for the City of Modesto, and regulates how the City operates, in addition to the State Constitution and applicable state laws, and
WHEREAS, it is important to review and update the City’s Charter from time to time in order to ensure the Charter reflects best practices for local government and to promote the efficient, principled, and transparent operation of the City’s government, and WHEREAS, the City Council desires to submit the proposed changes to the Charter to the voters of the City of Modesto for consideration and approval, and WHEREAS, the City Council, pursuant to Resolution 2022-248, called for a General Municipal Election to be held on and consolidated with the November 8, 2022 general election and for the Stanislaus County Elections Department to conduct such election on behalf of the City, and the Council now desires to include this Measure on the ballot at said election, and
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WHEREAS, the City Council has authority to submit the proposed measure to the voters of the City of Modesto pursuant to Article XI, Sections 3 and 5 of the California Constitution and California Elections Code Sections 9222 and 9255 and California Government Code Section 34458.

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

SECTION 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated by reference.

SECTION 2. Placement of Measure on the Ballot. Pursuant to the requirements of the laws of the State of California, the City Council hereby calls an election at which it shall submit to the qualified voters of the City of Modest a measure that, if approved by a majority vote, would amend the Charter of the City of Modesto. This Measure shall be designated by letter by the Stanislaus County Registrar of Voters. Pursuant to California Elections Code Section 10400 et seq., the election for this Measure shall be consolidated with the established statewide election to be conducted on November 8, 2022.The question shall appear and be printed on the ballot as follows:

To promote efficiency, transparency, and modernization of City YES
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government, shall the Charter of the City of Modesto be amended to increase and clarify the powers and duties of the City Auditor, create a permanent audit committee, change the timing of the mayoral election to coincide with the statewide primary and general election, adjust the timeline for preparation and adoption of the annual budget, and make several other minor changes?
NO
SECTION 3. Approval of Charter Amendments. The full text of the proposed amendments to the City Charter to be submitted to the voters is attached as Exhibit A (proposed City Charter) (the “Measure”) hereto, and shall be made available to the public upon request. The Measure shall be completely printed in the voter pamphlet. If a simple majority of the qualified voters voting on the Measure vote in favor, therefore, the amendments to the Charter shall be approved and the Measure shall be deemed adopted upon the City Council’s declaration of the results of the election. The amendments to the Charter shall take effect when accepted and filed by the California Secretary of State pursuant to Government Code section 34460.

SECTION 4. Publication of Measure. The City Clerk is hereby directed to cause notice of the Measure to be published once in The Modesto Bee, the official newspaper of said City and a newspaper of general circulation printed and published in said City, in accordance with Section 12111 of the Elections Code and Section 6061 of the Government Code.

SECTION 5. Request to Consolidate and Conduct Election and Canvass Returns. (a) Pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Stanislaus is hereby requested to consent and #17..
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agree to the consolidation of a General Municipal Election with the statewide election on Tuesday, November 8, 2022, for the purpose of placing the Measure set forth in Section 1 on the ballot. The City Council acknowledges that the consolidated election will be conducted in the manner prescribed in Elections Code Section 10418 and all other applicable laws.
(b) The County of Stanislaus Election Department is authorized to canvass the returns of the regularly scheduled General Municipal Election. The election shall be held in all respects as if there were only one (1) election, and only one (1) form of ballot shall be used.
(c) The Board of Supervisors is requested to issue instructions to the Stanislaus County Registrar of Voters to take any and all steps necessary for the holding of the consolidated election.
(d) The City recognizes that additional costs will be incurred by the County of Stanislaus by reason of this consolidation and agrees to reimburse the County for any additional costs above and beyond those reimbursed by the State.

SECTION 6. Submission of Ballot Arguments and Impartial Analysis. (a) The last day for submission of direct arguments for or against the Measure shall be by 5:00 p.m. on July 12, 2022.
(b) The last day for submission of rebuttal arguments for or against the Measure shall be by 5:00 p.m. on July 22, 2022.
(c) Direct arguments shall not exceed three hundred (300) words and shall be signed by not more than five (5) persons.
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(d) Rebuttal arguments shall not exceed two hundred fifty (250) words and shall be signed by not more than five (5) persons; those persons may be different persons than the persons who signed the direct arguments.
(e) The City Attorney shall prepare an impartial analysis of the Measure by July 22, 2022.
(f) Pursuant to California Elections Code Section 9282, the Mayor is hereby authorized to prepare and file a written argument in favor of the proposed measure, not to exceed three hundred (300) words, on behalf of the City Council. At the Mayor’s discretion, the argument may be signed by any combination of members of the City Council or bona fide associations of citizens or by individual voters who are eligible to vote on the Measure. In the event that an argument is filed against the Measure, the Mayor is also authorized to prepare a rebuttal argument on behalf of the City Council, which may also be signed by any combination of members of the City Council or bona fide associations of citizens or by individual voters who are eligible to vote on the Measure, and who may be different from the signers of the direct argument. Submissions by email or facsimile are allowed for direct arguments, and rebuttal arguments that are signed and otherwise meet the above requirements and the California Elections Code provided that the original copy thereof is delivered to the City Clerk within twenty-four (24) hours of submission of the electronic version.
(g) Pursuant to California Elections Code Section 9285, when the City Clerk has selected the arguments for and against the Measure, which will be printed and distributed to the voters, the City Clerk shall send copies of the argument in favor of the Measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. Rebuttal arguments shall be printed in the same manner #17..
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as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.

SECTION 7. Effective Date. This Resolution shall become effective immediately upon its passage and adoption. The City Clerk is directed to file a certified copy of this Resolution with the Board of Supervisors of Stanislaus County and the Stanislaus County Elections Department. The City Clerk is hereby authorized and directed to take all steps necessary to place the Measure on the ballot and to, prepare all required notices related to the ballot measure, and to publish such notices as required by law.

SECTION 8. CEQA. The approval of this Resolution is exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq., “CEQA,” and 14 Cal. Code Reg. §§ 15000 et seq., “CEQA Guidelines”) pursuant to under the general rule in CEQA Guidelines section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. The Measure to submitted to the voters will make certain amendments to the City’s Charter regarding the administration and operation of City, and does not authorize any project or particular action. It can be seen with certainty that there is no possibility that the Resolution will have a significant effect on the environment.

AYES: Councilmembers:

NOES: Councilmembers:
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ABSENT: Councilmembers:

ATTEST: ____________________________
Diane Nayares-Perez, City Clerk
(SEAL)
APPROVED AS TO FORM:

BY: __________________________________________
Jose M. Sanchez, City Attorney
5117987.2
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EXHIBIT A

AMENDMENT TO THE CITY OF MODESTO CITY CHARTER MAKING CHANGES

TO PROMOTE EFFICIENCY, TRANSPARENCY, AND MODERNIZATION OF CITY

GOVERNMENT
The people of the City of Modesto do hereby amend the Charter of the City of Modesto as follows:

SECTION I. Amendment of Section 300
Section 300, Regular Municipal Elections, of the Modesto Charter is amended to read as follows (with additions underlined and deletions in strikethrough):
“SECTION 300. REGULAR MUNICIPAL ELECTIONS.

Regular Municipal Elections for the election of officers, other than the elective office of Mayor, and for such other purposes as the Council may prescribe shall be held biennially on the first Tuesday after the first Monday in November of each even-numbered year, to coincide with the statewide general election.

To transition to even-numbered year elections, the municipal election normally held in November 2019 shall be moved to November 2020 and the municipal election normally held in November 2021 shall be moved to November 2022. This transition results in a one-time, one-year extension of the terms of city council members elected in November 2015, the mayor elected in the November 2015 election which resulted in his election in the February 2016 run-off election, and the city council members elected in the November 2017 election.

Regular municipal elections for the elective office of Mayor shall coincide with the date of the statewide primary election in even-numbered years. If, at said a regular municipal election held on the first Tuesday, after the first Monday in November of each evennumbered yearfor the Office of Mayor, held on the date of the statewide primary election, no candidate for the elective office of Mayor for the City of Modesto receives a majority of the valid votes cast for said office at said regular municipal election, a run-off election shall be held for said office on the first Tuesday after the first Monday in November of that year to coincide with the regular municipal election of the elective offices of the other members of Council in February of each odd-numbered year commencing with the Mayoral election held in November 2020. At said run-off election, the two (2) candidates for the elective office of Mayor receiving the highest number of votes at the prior municipal election shall have their names placed on the ballot for election to said office.” SECTION II. Amendment of Section 501
Section 501(a), Method of Election, of the Modesto Charter is amended to read as follows (with additions underlined and deletions in strikethrough):
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“SECTION 501 – METHOD OF ELECTION.
(a) Mayor. The Mayor shall be elected at the regular municipal election on a general ticket from the City at large, as set forth under Section 300 of this Charter.” SECTION III. Amendment of Section 501
Section 501(b)(4), Method of Election, of the Modesto Charter is amended to read as follows (with additions underlined and deletions in strikethrough):
“(4) Criteria for Districting. To ensure fair and effective representation for all citizens of the City, the Commission, in recommending a districting or redistricting plan, and the Council, in approving or rejecting a districting or redistricting plan, shall consider the following criteria for the districts to the extent practicable and permissible under federal and state law:
(A) district boundaries should be geographically compact and contiguous; (B) district boundaries should follow visible natural and man-made features; (C) district boundaries should respect communities of interest. A community of interest is defined as a geographic area comprised of residents who share similar interests including, but not limited to, social, cultural, ethic, geographic or economic interests, or formal government or quasi-governmental relationships, but not including relationships with political parties, incumbents, or candidates;
(D) district boundaries should be drawn without regard for advantage or disadvantage to incumbents or challengers;
(E) district boundaries should be drawn without regard for advantage or disadvantage to any political party.”
SECTION IV. Amendment of Section 600
Section 600, Term of Office, of the Modesto Charter is amended to read as follows (with additions underlined and deletions in strikethrough):
“ SECTION 600 – TERM OF OFFICE.

The Mayor shall hold office for a term of four (4) years, from and after the first Tuesday following the election of members of the Council in November, regardless of whether or not a run-off election for the office of Mayor occurs. If a tie vote makes it impossible to determine which of two (2) or more candidates has been elected, said tie shall be settled by the drawing of lots, the procedure for which shall be determined by the Council. The Mayor shall have the right to vote on all matters coming before the Council. less any time required between a November election and a February run-off election, from and after the first Tuesday following the Mayor's election and until the Mayor's successor is qualified and elected. To allow for a transition to even-numbered year elections as required by state law, the term for the Mayor elected in the November 2015 election which resulted in his election in February 2016 shall be extended by one year to accommodate moving the November 2019 election to November 2020.”
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SECTION V. Amendment of Section 601
Section 601(k), Powers and Duties of Mayor, of the Modesto Charter is amended to read as follows (with additions underlined and deletions in strikethrough):
“(k) The Mayor shall prepare and deliver the Mayor's Proposed Budget Priorities and Direction and the Mayor's Budget Message pursuant to Section 1302A 1302.1 of the Charter and the Mayor's Final Budget Modifications pursuant to Section 1303 of the Charter;” SECTION VI. Amendment of Section 702
Section 702, Vacancies, of the Modesto Charter is amended to read as follows (with additions underlined and deletions in strikethrough):
“SECTION 702. - COUNCIL VACANCIES.

If a vacancy shall occur in the office of Mayor or Councilmember, the Council shall forthwith appoint a person to fill such vacancy. Said appointee shall possess such qualifications for eligibility as are set forth in Section 701 of this article and shall hold office until a successor is duly elected and qualified. Such successor shall be chosen at the next regular municipal election, or as otherwise may be required by recall proceedings instituted involving the office of Mayor or a Councilmember.

In the event that the Council shall fail to fill a vacancy by appointment within sixty (60) thirty (30) days after such office shall have become vacant, it shall forthwith cause an election to be held to fill such vacancy.”
SECTION VII. Amendment of Section 800
Section 800, City Manager, of the Modesto Charter is amended to read as follows (with additions underlined and deletions in strikethrough):

SECTION 800. – CITY MANAGER
“There shall be a City Manager who shall be the chief executive officer and head of the Administrative Branch of the City government. The City Manager shall be chosen on the basis of the person's executive and administrative qualifications with special reference to the person's actual experience in, or the person's knowledge of accepted practices with respect to the duties of the office as hereinafter set forth. No member of the Council shall be eligible for appointment to the office of City Manager during the term for which the member shall have been elected or appointed, nor within one (1) year thereafter. The City Manager need not be a resident of the City or State at the time of appointment, but during the City Manager's tenure of office, the City Manager shall reside within the City. #17..
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When a vacancy occurs, the Mayor shall nominate at least two (2) candidates for Council consideration for appointment to the position of City Manager. The Mayor may express to the Council a preference among final candidates. The Council shall appoint the City Manager for an indefinite term and may remove the City Manager by a majority vote of its members; provided, however, that the City Manager shall not be removed from office during or within a period of ninety (90) days next succeeding the election of a member of the Council. The purpose of this provision is to allow any newly elected member of the Council to observe the actions and ability of the City Manager in the performance of powers and duties of this office.”
SECTION VIII. Amendment of Section 902.1
Section 902.1, Office of the City Auditor, of the Modesto Charter is amended to read as follows (with additions underlined and deletions in strikethrough):
“SECTION 902.1 OFFICE OF THE CITY AUDITOR
The Office of the City Auditor is hereby established. The City Council shall appoint the City Auditor who shall serve at its pleasure. The City Auditor shall be certified according to standards comparable to a Certified Public Accountant or a Certified Internal Auditor at time of appointment.

A. Qualifications. The City Auditor shall possess adequate professional proficiency for the job, demonstrated by relevant certifications such as Certified Internal Auditor (CIA), Certified Public Accountant (CPA), or Chartered Accountant (CA), or have an advanced degree and at least five (5) years of experience in government auditing, evaluation, or analysis.

B. Appointment. Within thirty (30) days of a vacancy, the Mayor shall initiate the recruitment process by recommending the selection of a recruitment firm or other recruitment process, and the Council shall thereafter appoint a City Auditor as soon as practicable. The Council shall appoint the City Auditor for an indefinite term.

C. The City Auditor shall have the following powers and duties:
(1) The Auditor shall have authority to conduct financial and performance audits of all departments, offices, boards, activities, agencies and programs of the City in order to independently and objectively determine whether:
i. Activities and programs being implemented have been authorized by government Charter or Code, state law or applicable federal law or regulations and are being conducted and funds expended in compliance with applicable laws; ii. The department, office, or agency is acquiring, managing, protecting, and using its resources, including public funds, personnel, property, equipment, and space, economically, efficiently, equitably, and effectively and in a manner consistent with the objectives intended by the City Council or enabling legislation; #17..
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iii. The entity, programs, activities, functions, or policies are effective, including the identification of any causes of inefficiencies or uneconomical practices; iv. The desired result or benefits as intended by the City Council are being achieved; v. Financial and other reports are being provided that disclose fairly, accurately, and fully all information required by law, to ascertain the nature and scope of programs and activities, and to establish a proper basis for evaluating the programs and activities including the collection of, accounting for, and depositing of, revenues and other resources;
vi. Management has established adequate operating and administrative procedures and practices, systems or accounting internal control systems and internal management controls; and
vii. Indications of fraud, abuse or illegal acts are valid and need further investigation (a) Conduct or cause to be conducted annual post audits of all the fiscal transactions and accounts kept by or for the City. Such audits shall include but not be limited to the examination and analysis of fiscal procedures and the examination, checking and verification of accounts and expenditures. The audits shall be conducted in accordance with generally accepted auditing standards and accordingly shall include tests of the accounting records and other auditing procedures as may be considered necessary under the circumstances. The audits shall include the issuance of suitable reports of examination so the Council and the public will be informed as to the adequacy of the financial statements of the City.
(b) Conduct performance audits, as assigned by Council. A "performance audit" means a post audit which determines with regard to the purpose, functions and duties of the audited agency all of the following:
(1) Whether the audited department, office or agency, is managing or utilizing its resources, including public funds, personnel, property, equipment and space in an economical and efficient manner.
(2) Causes of inefficiencies or uneconomical practices, including inadequacies in management information systems, internal and administrative procedures, organizational structure, use of resources, allocation of personnel, purchasing policies and equipment. (3) Whether the desired results are being achieved.
(4) Whether objectives established by the Council or other authorizing body are being met.
(2c) Conduct special audits and investigations, as requested assigned by the Council. "Special audits and investigations" mean assignments of limited scope, intended to determine:
i. The accuracy of information provided to the Council. ii. The costs and consequences of recommendations made to the Council. (3) Other information concerning the performance of City Departments, Offices or Agencies as requested by the Council.
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D. Standards. Audits shall be conducted in accordance with recognized government auditing standards.

E. Funding. Sufficient funds shall be proposed and approved to carry out the responsibilities specified herein. The Office of the City Auditor’s budget shall be submitted to Council in accordance with the City’s annual budget process.

F. Staffing. The City Auditor may appoint and prescribe the duties of the professional, technical, and clerical employees employed in the Office of the City Auditor; provided, however, that the City Auditor shall not appoint to any position any business associate or any person related to him or her or to the City Manager or to any member of the Council by blood or marriage within the second degree. All such appointees shall serve at the pleasure of the City Auditor in the Unclassified Service; and shall serve under such terms and conditions, salaries and benefits as are similar to other employees in the City’s service. In the event an employee of the City, who holds a Classified Service position, is appointed to a position in the Unclassified Service under this Section, he or she may return to a position in the Classified Service. Such return to the Classified Service shall be without loss of any rights or privileges that currently pertain to the Classified Service.

Neither the Council nor any of its members shall in any manner dictate the appointment or removal of any such officer or employee whom the City Auditor is empowered to appoint, but the Council may express its views and fully and freely discuss with the City Auditor anything pertaining to the appointment and removal of such officers and employees. Nor may any person coerce or attempt to coerce the City Auditor relative to the City Auditor’s work. (Gd) Access. The City Auditor shall have, unless prohibited by law, access to, and authority to examine any and all documents including but not limited to books, accounts, internal memoranda, writings and tapes, reports, vouchers, correspondence files and other records, bank accounts, money and other property of any City department, office or agency, whether created by the Charter or otherwise, with the exception of the office of any elected official. It is the duty of any officer, employee or agent of the City having control of such records to permit access to, and examination thereof, upon the request of the City Auditor or his or her authorized representative. It is also the duty of any such officer, employee or agent to fully cooperate with, and to make full disclosure of all pertinent information.

H. Audit Schedule. At the beginning of each fiscal year, the Auditor shall submit a one (1) to five (5) year audit schedule to the Audit Committee and Council for review and comment. The schedule shall include the proposed plan, and the rationale for the selections, for auditing departments, offices, boards, activities, subcontractors, and agencies for the period. This schedule may be amended after review with the Audit Committee and Council, but the Auditor shall have final authority to select the audits planned.

I. Reports. Each audit will result in a report, written or in some other retrievable form. The report shall contain relevant background information and findings, and recommendations.

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together with any recommendations requiring immediate action to improve the administration of the City.

J. Report of Irregularities. If, during an audit, the Auditor becomes aware of abuse or illegal acts or indications of such acts that could affect the City, the Auditor shall report the irregularities to the Audit Committee or appropriate law enforcement authority, as appropriate.
(e) Prepare and submit to the Council quarterly reports of the City Auditor's activities and findings in the immediately preceding three calendar months, together with any recommendations to improve the administration of the City. (f) Perform other auditing functions, consistent with other provisions of this Charter, and prepare and submit such other reports, as may be assigned by the Council.

The City Auditor may appoint and prescribe the duties of the professional, technical and clerical employees employed in the Office of the City Auditor; provided, however, that the City Auditor shall not appoint to any position any business associate or any person related to him or her or to the City Manager or to any member of the Council by blood or marriage within the second degree. All such appointees shall serve at the pleasure of the City Auditor in the Unclassified Service; and shall serve under such terms and conditions, salaries and benefits as are similar to other employees in Modesto's service. In the event an employee of the City who holds a Classified Service position is appointed to a position in the Unclassified Service under this Section, he or she may return to a position in the Classified Service. Such return to the Classified Service shall be without loss of any rights or privileges that currently pertain to the Classified Service.

SECTION IX. Addition of Section 902.2
Section 902.2, Audit Committee, is hereby added to the Modesto Charter to read as follows:
902.2 Audit Committee
(a) Purpose and Duties. The purpose of the Audit Committee is to advise the City Council on items related to the work of the City Auditor and the City’s financial statement audits.

Among other duties, the Audit Committee shall:
(1) Review the Auditor’s audit plan annually and submit annually to the City Council; (2) Provide suggestions and comments for the annual audit plan; (3) Review and consult with the Auditor on quarterly reports or updates of the City Auditor’s activities and findings;
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(4) Report irregularities raised by the Auditor to the City Council; (5) Ensure that audit reports are transmitted to the legislative body and to the public; (6) Monitor follow-up on reported findings to assure corrective action is taken by management;
(7) Report to the legislative body on problems or problem areas at such times as deemed appropriate;
(8) Provide input on, and participate in, the selection of the firm conducting the annual financial statement audits; and
(9) Review and forward to the City Council materials related to the City’s annual financial statement audit conducted pursuant to Section 1306 of this Charter. (b) Audit Committee Composition:
(1) The Audit Committee shall be comprised of the Mayor, two (2) members of the City Council, and two (2) members of the public who are residents of the City of Modesto and shall possess a minimum of two (2) years of experience in financial or performance auditing. Strong consideration shall be given to residents who are Certified Public Accountants.
(2) No public member of the Committee shall be a relative by blood or marriage to the third degree of the mayor, member of the Council, any Charter Officer, or any department head or deputy department head.
(3) No public member of the Committee shall be an employee of the City nor any bargaining unit for employees of the City, nor a person who receives compensation from the City or from bargaining units of the City in any manner, including retirement benefits. (4) No public member of the Committee shall be a lobbyist or other person with business before the City that represents an economic interest in excess of the limit for material financial effect established by local ordinance for the time periods established by local ordinance.
(5) Public members of the Committee shall serve without compensation.” SECTION X. Amendment of Section 1104
Section 1104, Meetings. Chairpersons. is amended to read as follows (with additions underlined and deletions in strikethrough):
“SECTION 1104. - MEETINGS. CHAIRPERSONS.

As soon as practicable following the first day of January of each year, each of such boards and commissions shall organize by electing one of its members to serve as chairperson at the pleasure of such board or commission. Whenever a special meeting of any board or commission shall be called, the secretary shall cause written notice of such meeting to be given to each member of such board or commission and to each local newspaper of general circulation, radio or television station requesting notice in writing. Such notice must be delivered personally or must be deposited in the United States mail, postage prepaid, at least twenty-four (24) hours before the time of such meeting as specified in the notice. The notice and order shall specify the time and place of the special meeting and the business to #17..
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be transacted. No other business shall be considered at such meetings by said boards or commissions.

Written notice to each member of any board or commission may be dispensed with as to any member of any board or commission who, at or prior to the time the meeting convenes, files with the Secretary of such board or commission a written waiver of notice. The waiver may be given by telegram. The written notice may also be dispensed with as to any member of any board or commission who is actually present at the meeting at the time it convenes.

The affirmative or negative vote of a majority of the entire membership of such board or commission shall be necessary for it to take action.

Unless otherwise provided by the Council, or by this Charter, the City Manager shall provide a secretary for the recording of the minutes of each of such boards and commissions who shall keep a record of its proceedings and transactions. Each board and commission shall prepare and submit to the Council an annual report of its activities. Such report shall be made on the fiscal year basis and shall be submitted on or before September 1 of each year. Each board or commission shall prescribe its own procedural rules and regulations which shall be consistent with this Charter and copies of which shall be kept on file in the office of the City Clerk where they shall be available for public inspection.” SECTION XI. Amendment of Section 1108
Section 1108, Board of Personnel Appeals is amended to read as follows (with additions underlined and deletions in strikethrough):
“SECTION 1108 – BOARD OF PERSONNEL APPEALS
There shall be a Board of Personnel Appeals consisting of three (3) members. The Board of Personnel Appeals shall have the power and duty to:
(a) Select a hearing officer to hear the appeals of any person in the classified service relative to any suspension, demotion or dismissal, so long as a separate and distinct procedure has not been delineated by a valid and existing Memorandum of Understanding.
(b) Act in an advisory capacity to the City Manager on such personnel matters as may be referred to it by the City Manager.

The Board of Personnel Appeals and its duties and obligations hereunder shall not be operative, or in effect, during the period in which the California Public Employment Relations Board (PERB), or similar state agency or department, exercises the essential functions and duties prescribed for the Board of Personnel Appeals as contemplated herein.” #17..
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SECTION XII. Amendment of Section 1110
Section 1110, Culture Commission is amended to read as follows (with additions underlined and deletions in strikethrough):
“SECTION 1110. - CULTURE COMMISSION.

There shall be a Culture Commission with a membership established by the City Council. consisting of seven (7) members, five (5) of whom shall be registered electors of the City, and two (2) of whom shall live outside the City but shall be registered electors of Stanislaus County. The Commission shall have the power and duty to:
(a) Act in an advisory capacity to the Council and the City Manager in all matters pertaining to art, literature, music and other cultural activities; (b) Formulate and recommend annually to the Council a program relating to art, literature, and music and other cultural activities;
(c) Promote the preservation of historic sites, landmarks, documents, paintings and other objects associated with the history of the City and its area, and develop educational interest in all such historical matters;
(d) Act in an advisory capacity to the Council, City Manager and Director of any Museum or Cultural Center that may be established by the Council.” SECTION XIII. Amendment of Section 1111
Section 1111, Human Relations Commission is amended to read as follows (with additions underlined and deletions in strikethrough):
“SECTION 1111. - HUMAN RELATIONS COMMISSION.

There shall be a Human Relations Commission consisting of seven (7) members, five (5) of whom shall be registered electors of the City, and two (2) of whom shall live outside the City but shall be registered electors of Stanislaus County. The Commission shall have the power and duty to:
(a) Act in an advisory capacity to the City Council in matters pertaining to human relations and behavior;
(b) Formulate and recommend annually to the Council a program for furthering human relations in the community;
(c) Perform such other duties with respect to human relations and behavior as the City Council may prescribe by ordinance or resolution.
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(d) The City Council may, by resolution, assign another City commission with a similar function to carry out the power and duties of the Human Relations Commission.” SECTION XIV. Amendment of Section 1302.1
Section 1302.1, Submission of Economic Forecasts; Mayor’s Budget Message, of the Modesto Charter is amended to read as follows (with additions underlined and deletions in strikethrough):
“SECTION 1302.1. – SUBMISSION OF ECONOMIC FORECASTS: MAYOR’S BUDGET MESSAGE.

The City Manager shall, on or before December 15 of each year, submit to the Mayor and to the Council a five (5) year economic forecast of expenditures and revenues for each City department, office or agency.

On or before January 10, the members of the Council may submit individual written budget priorities to the Mayor for consideration.

The Mayor shall, after consideration of any received written budget priorities on or before January 15 of each year, prepare and deliver to the Council the Mayor's Proposed Budget Priorities and Direction for both the City's Capital Budget and for the City's Operating Budget.

The City Manager shall, on or before February 1 of each year, prepare and deliver to the Mayor and to the Council a Capital and Operating Mid-Year Budget Report for each City department, office or agency.

The Mayor shall, on or before February 15 of each year prepare and deliver to the Council the Mayor's Budget Message which shall include:
(a) A statement of the fiscal priorities which the City should adopt for the ensuing fiscal year; and
(b) Which City services, departments, offices or agencies the Mayor proposes to be expanded or reduced.

The Council shall hold a public hearing to consider the Final Mayor's Budget Message and to make any additions or revisions the Council deems advisable.

Upon close of the public hearing, the Council shall approve the Mayor's Budget Message as presented, or as revised.

The City Manager shall, on or before March 15 of each year, prepare and deliver to the Mayor and Council, a Capital and Operating Mid-Year Budget Report for each City department, office, or agency. ”
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SECTION XV. Amendment of Section 1303
Section 1303, Mayor’s Final Budget Modifications; Public Hearing on Proposed Budget, of the Modesto Charter is amended to read as follows (with additions underlined and deletions in strikethrough):
“SECTION 1303. – MAYOR’S FINAL BUDGET MODIFICATIONS; PUBLIC HEARING ON PROPOSED BUDGET.

At least forty-five (45) thirty (30) days prior to the new fiscal year, the Mayor shall prepare and deliver to the Council the Mayor's Final Budget Modifications on the draft budget.

Following the receipt of the Mayor's Final Budget Modifications, the Council shall consider and review the draft budget as submitted by the City Manager together with the Mayor's Final Budget Modifications and may make such revisions as the Council may deem advisable. The document resulting from this process shall be deemed the "Proposed Budget."
Thereafter, the Council shall determine the time for holding of a public hearing upon the "Proposed Budget", and shall cause a notice thereof to be published not less than ten (10) days prior to said hearing by at least one (1) insertion in a newspaper of general circulation within the City.

Copies of the Proposed Budget to be considered at the public hearing shall be available for inspection by the public at the office of the City Clerk at least ten (10) days prior to said hearing.

SECTION XVI. Amendment of Section 1307
Section 1307, Public Work to be Done by Contract, of the Modesto Charter is amended to read as follows (with additions underlined and deletions in strikethrough):
“SECTION 1307. - PUBLIC WORK TO BE DONE BY CONTRACT.

Every project involving an expenditure of City moneys of more than the amount which the City Council shall establish by ordinance, for the construction or improvement of public buildings, works, drains, sewers, utilities, parks, playgrounds, and streets (exclusive of projects for resurfacing, maintenance and repair of streets, or any park or parks playground project otherwise subject to the public bidding requirements of this section that involves any donated labor and/or material) shall be let by contract to the lowest responsible bidder #17..
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after notice by publication in any or all methods permitted under state law, including in the official newspaper by one or more insertions, the first of which shall be at least seven (7) days before the time for opening bids.

All bids shall be accompanied by either a certified or cashier's check, or a bidder's bond executed by a corporate surety authorized to engage in such business in California, made payable to the City. Such security shall be in an amount not less than that specified in the notice inviting bids or in the specifications referred to therein, or if no amount be so specified then in an amount not less than ten (10) percent of the aggregate amount of the bid. If the successful bidder neglects or refuses to enter into the contract, within the time specified in the notice inviting bids or specifications referred to therein, the amount the person's bidder's security shall be declared forfeited to the City and shall be collected and paid into its general fund and all bonds so forfeited shall be prosecuted and the amount thereof collected and paid into such fund.

The Council may reject any and all bids presented and may readvertise in its discretion.

The Council after rejecting bids, or if no bids are received, may declare and determine that, in its opinion, based on estimates approved by the City Manager the work in question may be performed better or more economically by the City with its own employees and after the adoption of a resolution to this effect by at least five (5) affirmative votes of the Council may proceed to have said work done in the manner stated, without further observance of the provisions of this section. Such contracts likewise may be let without advertising for bids, if such work shall be deemed by the City Council to be of urgent necessity for the preservation of life, health or property and shall be authorized by resolution passed by at least five (5) affirmative votes of the Council and containing a declaration of the facts constituting such urgency.

Nothing in this section shall be construed to apply to the acquisition or purchase of electricity, electric power or electric energy by the City for any use or purpose.” SECTION XVII. Amendment of Section 1311
Section 1311, Contracts for Official Advertising, of the Modesto Charter is amended to read as follows (with additions underlined and deletions in strikethrough):
“SECTION 1311. - CONTRACTS FOR OFFICIAL ADVERTISING.

The Council shall let annually contracts for the official advertising for the ensuing fiscal year. Official advertising contracts may be let to digital or print platforms, as permitted under state law. The Council shall let the contracts for such official advertising to the lowest responsible bidder; provided, that the Council may reject any or all bids and advertise for new bids.

In the event the official advertising contract is to be let to a newspaper, if there is more than one (1) newspaper of general circulation published and circulated in the City, the Council shall advertise for one (1) day, setting forth distinctly and specifically the work #17..
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contemplated to be done, and asking for sealed proposals therefor. The proposals shall specify the type and spacing to be used at the rates named in the bids. The Council shall let the contracts for such official advertising to the lowest responsible bidder Any contracts let to a newspaper shall be to one publishing a newspaper in the City which is a newspaper of general circulation and has been in existence at the time of the awarding of the contract at least one year; provided, that the Council may reject any or all bids and advertise for new bids.”
SECTION XVIII. Amendment of Section 1313
Section 1313, Purchase of Supplies and Equipment, of the Modesto Charter is amended to read as follows (with additions underlined and deletions in strikethrough):
“SECTION 1313. - PURCHASE OF SUPPLIES AND EQUIPMENT.

The Council, by ordinance, within one (1) year following the adoption of this section, shall, annually review by June 30, adopt policies and procedures governing, including bidding regulations and, governing purchases of supplies, services, and equipment by the City. Said policies and procedures may include provisions authorizing joint purchasing with other local governmental agencies. Following the adoption of such policies and procedures, p Purchases of supplies, services, and equipment by the City shall be made in accordance with such policies and procedures therewith.”
SECTION XIX. Severability
If any provision of this amendment to the Modesto City Charter or the application thereof to any person or circumstance is held invalid, the remainder of the amendment, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this amendment to the Modesto City Charter are severable. The People of the City of Modesto hereby declare that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. 5121573.3
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1 2020-2021
Charter Review Committee
Recommendations
August 10, 2021
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2 Table of Contents
I. Executive Summary
II. Introduction
III. Charge from the Mayor and Council
IV. Areas Assigned for Review
V. Recommendations and Considerations
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3 Executive Summary
In September 2019, The Charter Review Committee (Committee) was charged by the Mayor and City Council to undertake a review of the Modesto City Charter, a procedure that the City generally undertakes at least every decade. The Committee received sections of the Charter that required review from the Mayor and City Council, City Attorney, City Clerk, and City Manager’s Office. The Committee reviewed various sections with support from City departments and interested parties. The Committee researched, received feedback, deliberated, and developed recommendations regarding these issues throughout the preceding 14 months – with a temporary interruption due to the COVID-19 pandemic.

From this process, the Committee has prepared 5 key recommendations and additional miscellaneous recommendations that require modern language to allow for advancements in technology to support City operations, and finally there are several areas that require administrative clean-up.

The 5 key recommendations from the Committee includes:

I. Timing of the Mayor’s Election
At the March 2, 2020 meeting, the Charter Review Committee voted on the timing of the election of the Mayor. The recommendation is to move the election dates of the Mayor from November and February to occur at the same time as the State’s primary and general elections of the state (generally either March or June, and November respectively). In the instance that a candidate receives more than 50% + 1 of the votes cast, in the primary election then no run-off election in November would be necessary and this candidate would assume office and coincide with the terms of office for the other members of Council, as provided under Section 700 of the Charter.

Currently, the Charter requires the Mayor’s election to be held in November, and if no candidate receives 50% + 1 of the vote, then a run-off election will be held in February for the voters to decide between the two candidates who received the most votes.

II. Office of the City Auditor
The Charter Review Committee reviewed sections related to the Office of the City Auditor extensively. Ultimately, the Committee voted to make key changes #17..
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4 to this section related to the duties, qualifications, recruitment, and removal process.
i. The qualifications for the City Auditor were changed to allow for a broader pool of candidates. The qualifications required specific changes to the requirement of being a Certified Public Accountant, to “adequate professional proficiency for the job, demonstrated by relevant certifications such as Certified Internal Auditor (CIA), Certified Public Accountant (CPA) or Chartered Accountant (CA) or have an advanced degree and at least five (5) years of experience in government auditing, evaluation or analysis.”
ii. The responsibilities of the City Auditor were modified to reflect the standard responsibilities outlined in the Association of Local Government Auditors’ model legislation.
iii. Lastly, the Charter Review Committee voted to modify the vote requirement to remove the City Auditor from an affirmative vote of four (4) members of the Council to an affirmative vote of five (5).

III. Audit Committee
The Charter Review Committee recommended to include the Audit Committee within the Charter with the following purpose and responsibilities:

The purpose of the Audit Committee is to advise the City Council on items related to the work of the City Auditor, and the City’s financial statement audits.

The Audit Committee shall review and forward to the City Council, quarterly reports of the City Auditor’s activities and findings. Additionally, the Audit Committee shall review and forward to the City Council materials related to the city’s annual financial statement audit conducted pursuant to Section 1306 of this Charter, and monitor any follow-up required to ensure corrective action is taken by management.
• The Audit Committee shall be comprised of the Mayor, two members of the City Council, and two members of the public who are residents of the City of Modesto and shall possess a minimum of 2 years of experience in financial or performance auditing.

Strong consideration shall be given to residents who are Certified Public Accountants.
• No public member of the Committee shall be a relative by blood or marriage to the third degree of the mayor, member of the council, any charter officer, or any department head or deputy department head.
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5 • No public member of the Committee shall be an employee of the City nor any bargaining unit for employees of the City, nor a person who receives compensation from the City or from bargaining units of the City in any manner, including retirement benefits. • No public member of the Committee shall be a lobbyist or other person with business before the City that represents and economic interest in excess of the limit for material financial effect established by local ordinance for the time periods established by local ordinance.
• Public members of the Committee shall serve without
compensation
IV. Office of the City Manager
Per State law, and recommendations from the City Attorney’s Office, the Charter Review Committee voted to remove the residency requirement for the City Manager because employers cannot base employment decisions based on a person’s residence. Prior to this change, the Charter required that the City Manager live in the City of Modesto.

V. Budget Timeline
There were several areas of concern with the timeline related to the development of the budget. First, the City does not receive property tax revenue or second quarter sales tax data until late February which can be helpful in informing the mid-year budget report. In addition, the current budget timeline requires the Mayor’s Final Budget Modifications on May 31st (or 30 days prior to the new fiscal year) and Council to
consider the Mayor’s
modifications and the
draft budget in early
June, which only
allows for one
meeting for Council to
consider the approval
of the budget. The
recommended
change, shown
below, would allow for
the Council to
consider the Mayor’s
modifications and the
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6 draft budget in late May, post the hearing notice, and allow for two Council meetings for the approval of the budget, which grants staff and Council additional flexibility with regard to changes to the proposed budget.

VI. Technical Amendments
In addition to these major areas of focus, the Committee has also recommended a number of technical amendments to the City Charter. The key themes of the many technical amendments are intended offer the organization greater flexibility in performing day to day work by streamlining processes, allowing for the use of modern technology, and additional amendments are intended to clarify several sections throughout the Charter.
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7 Introduction
The Modesto City Charter is the local constitution by which the electors of Modesto govern themselves. A City Charter, like the state and federal constitutions, is a statement of basic principles, outlining powers, relationships, and responsibilities.

City charters are authorized under the California Constitution, which allows a City to choose either to be a general law city under the laws of the state or become a selfgoverning charter city. Modesto became a Charter City in 1911 after it approved its first City Charter on September 14, 1910 when Modesto’s population was approximately 4,032. Modesto undertook major revisions of its Charter in 1949, 1950, and 1962. The Charter under which Modesto operates today was adopted in 2008. Section 1604 of the Modesto City Charter requires that the City Council shall cause the City Charter to be reviewed at least every 10 years.

The City Council appointed members to the 2020-2021 Charter Review Committee (Resolution 2019-487). Traditionally, Charter Review Committees have been charged with various duties by the Mayor and have submitted a final written report to the Mayor and City Council; and this effort exemplifies the continuation of this process. #17..
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8 Charge of the Mayor and City Council
At the September 10, 2019 Council meeting, the Council approved the recommendation to adopt the following process for the review of the Charter:
(i) Each Councilmember to nominate one person to serve as members of the Charter Review Committee with the Mayor’s appointee serving as the Chair and the Vice Mayor’s appointee serving as the Vice Chair of the Committee; (ii) The initial seven (7) Committee members are authorized to nominate up to four (4) additional members to the Committee from the community and forward them to Council for ratification;
(iii) City staff is authorized to post and publicize information requests, volunteer applicants for the City of Modesto; and
(iv) Mayor Brandvold will appoint one (1) Councilmember to serve as an ad hoc, nonvoting member of the Charter Review Committee. Mayor Brandvold may nominate and forward to Council for approval up to two (2) other ad hoc, nonvoting members of the Committee that are not registered voters in the City of Modesto, but are registered voters in Stanislaus County to provide input on regional issues addressed by the Committee.

Composition of the Committee
At the October 22, 2019 Council meeting by Resolution 2019-487, the following appointments were made by the Council:
• Mayor Ted Brandvold recommended appointing Cecil Russell • Vice Mayor Jenny Kenoyer recommended appointing Sam Pierstorff • Councilmember Mani Grewal recommended appointing Chris Tyler • Councilmember Tony Madrigal recommended appointing Aaron Anguiano • Councilmember Kristi Ah You recommended appointing Janice Keating • Councilmember Bill Zoslocki recommended appointing Michael Moradian • Councilmember Doug Ridenour recommended appointing Wendy Byrd Additionally, Modesto City School Board Trustee John Walker was appointed to serve on the Committee due to the Charter’s inclusion of the Modesto City Schools District, Mayor Brandvold recommended that Mr. Walker serve as an ad hoc non-voting member to support with regional and interagency issues between the City and Modesto City Schools. Lastly, George Petrulakis, Past Chairman of the Charter Review Committee, was appointed as a regional ad hoc non-voting member.
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9 At the January 7, 2020 meeting of the Charter Review Committee, the committee voted to direct staff to solicit applications on the City website for the 4 vacant Charter Review Committee positions and return to the January 22, 2020 meeting for the appointments process. At the January 22, 2020 meeting, the Charter Review Committee interviewed applicants for the 4 vacancies, and selected the following: Sandra Lucas, Tim Ragsdale, Renaldo Rucker, and Jose Sabala. Alternate members that were also selected include Alternate A – Monica Valencia, Alternate B – Paul Baxter, Alternate C – Dewey Bradford, and Alternate D – Douglas Highiet. The recommendations were forwarded to Council and were approved in February 2020.
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10 Areas Assigned for Review
On November 25, 2019, Mayor Brandvold provided a memo (Appendix B) requesting that the City Council and City departments prepare a list of issues within the Charter to be reviewed by the Charter Review Committee.

The list from the Council, City Manager, and City Attorney included the following:

City Manager’s Office
(i) SECTION 600 – 725 – The Mayor & City Council
Issue: The Charter is silent on the standards for the Mayor and City Council members’ failure to maintain their financial obligations to the City in good standing (i.e., fees, fines or taxes).

Proposed Change/Consideration: There have been instances where either the Mayor or a Council Member has unpaid City fees, fines or taxes for which no recourse is provided in the Charter. Staff recommends that the Charter Review Committee consider establishing standards, along with the basis and nature of possible action by Council.
(ii) SECTION 800 – City Manager
Summary of Current Language: The City Manager need not be a resident of the City or State at the time of appointment, but during the City Manager's tenure of office, the City Manager shall reside within the City.

Proposed Change/Consideration: California Government Code Section 50083 deems this residency requirement illegal,1 and therefore this requirement should be removed.
(iii) SECTION 1104 – Meetings / Chairpersons
Summary of Current Language: (Section 1) Written notice to each member of any board or commission may be dispensed with as to any member of any board or commission who, at or prior to the time the meeting convenes, files with the Secretary of such board or commission a written waiver of notice.

The waiver may be given by telegram.
(Section 2) Unless otherwise provided by the Council, or by this Charter, the City Manager shall provide a secretary for the recording of the minutes of each of such boards and commissions who shall keep a record of its

1 California Government Code Section 50083 states that “no local agency shall require that its employees be residents of such local agency or district.
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11 proceedings and transactions. Each board and commission shall prepare and submit to the Council an annual report of its activities. Such report shall be made on the fiscal year basis and shall be submitted on or before September 1 of each year.

Proposed Changes/Consideration:

Section 1: The language in needs to be modernized to reflect the ever changing methods of communication. The language should be broad enough to accommodate technologies yet to come.

Section 2: It is not current the practice of the boards and commission to submit annual reports, rendering this language moot.
(iv) SECTION 1107-1111 - Board of Personnel Appeals, Powers and Duties – Human Relations Commission
Issue: The Charter lists only four of the seventeen total boards and commissions for the city. The four boards and commissions are the Planning Commission, Board of Personnel Appeals, Culture Commission, and Human Relations Commission. Two of the four commissions listed in the Charter - the Human Relations Commission and the Board of Personnel Appeals- no longer exist.

Board of Personnel Appeals: shall consist of three members and the powers and duties include the selection of a hearing officer to hear the appeals of any person in the classified service relative to any suspension, demotion or dismissal, so long as a separate and distinct procedure has not been delineated by a valid and existing Memorandum of Understanding. And act in an advisory capacity to the City Manager on such personnel matters as may be referred to it by the City Manager.

Human Relations Commission: shall consist of seven (7) members, five (5) of whom shall be registered electors of the City, and two (2) of whom shall live outside the City but shall be registered electors of Stanislaus County.

The Commission shall have the power and duty to:
• Act in an advisory capacity to the City Council in matters pertaining to human relations and behavior
• Formulate and recommend annually to the Council a program for furthering human relations
• Perform such other duties with respect to human relations and behavior as the City Council may prescribe by ordinance or resolution Proposed Changes/Consideration:
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12 First, staff recommends the Review Committee consider eliminating all boards and commissions from the Charter. Boards and Commissions often require modifications to their function because of legislative action by the City Council, city resources, and community interest. To ensure that the organization can be flexible with the existing boards and commissions, staff recommends considering the removal of the four commissions from the Charter.

Second, staff recommends that the Human Relations Committee be eliminated. From a practical perspective, it does not exist, and its functions are not be carried out by any existing committee as described in the Charter.

In title only, the Human Relations Committee has been merged with 2 other Human Resources advisory bodies: the Equal Opportunity /Disability Commission, which does not encompass the functions outlined in the Charter for the Human Relations Committee.

And finally, staff recommends that the remaining two commissions – the Planning Commission and the Culture Commission be created by ordinance or Council resolution and removed from the Charter.

SECTION 1205 – Hearing Officer
Summary of Current Language: An appeal of any person in the Classified Service relative to any suspension, demotion or dismissal, where the right of appeal is granted by the Personnel System of the City of Modesto, shall be heard by a hearing officer, who shall be selected by the Board of Personnel Appeals.

Proposed Change/Consideration: The use of hearing officers as identified in the Charter is no longer a practice of the City. The City now uses State hearing officers and this is specified in the Memorandums of Understanding that the City has with the various employee associations. Therefore, this Charter section should be considered for removal.

SECTION 1302.1 -1304 – Annual Budget
Summary of Current Language: Section 1302.1 through Section 1304 include various deadlines for the budget, including Section 1302.1 which requires a midyear budget report by February 1st but the City does not receive property tax revenue or second quarter sales tax data until late February which can be helpful in informing the mid-year budget report.

Proposed Change/Consideration: The recommendation from staff is to review and modify the dates to ensure a timely adoption of the budget with sufficient time provided to receive data to inform the budget.
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13 SECTION 1307 – Public Work To Be Done By Contract
Summary of Current Language: Every project involving an expenditure of City funds of more than the amount which the City Council shall establish by ordinance, for the construction or improvement of public buildings, works, drains, sewers, utilities, parks, playgrounds, and streets (exclusive of projects for resurfacing, maintenance and repair of streets, or any park or parks playground project otherwise subject to the public bidding requirements of this section that involves any donated labor and/or material) shall be let by contract to the lowest responsible bidder after notice by publication in the official newspaper by one or more insertions, the first of which shall be at least seven (7) days before the time for opening bids.

Proposed Change/Consideration: Recommendation from staff is to revise the language to reflect modern methods of communication and that language be flexible and adaptable for advances in communication methods.

SECTION 1311 – Contracts for Official Advertising
Current Language: In the event there is more than one (1) newspaper of general circulation published and circulated in the City, the Council shall advertise for one (1) day, setting forth distinctly and specifically the work contemplated to be done, and asking for sealed proposals therefor.

Proposed Changes/Consideration: Recommendation from staff is to revise the language to reflect modern methods of communication and that the language be flexible and adaptable for advances in communication methods.

SECTION 1313 – Purchase of Supplies and Equipment
Current Language: The Council, by ordinance, within one (1) year following the adoption of this section, shall adopt policies and procedures, including bidding regulations, governing purchases of supplies and equipment by the City.

Proposed Change/Consideration: The City’s Purchasing Division has met the intent of this section by establishing an Administrative Directive under the City Manager’s authority and created an internal Purchasing Manual to ensure compliance with the Modesto Municipal Code. The question to consider relative to this section is whether a policy adopted by Council is necessary if the City has implemented a process that meets the spirit of this Charter section. #17..
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14 City Attorney’s Office
(i) Minor modifications to further comply with the California Voting Rights Act, in response to recent case law and new 2020 Census data.
(ii) Ensuring Charter compliance with state laws regarding the process of disposing of surplus City lands. A November 2019 court decision indicates that the City will need to comply with additional processes to sell surplus land.

Our office is evaluating whether this requires a Charter amendment, or merely changes to the Municipal Code and/or City policies
City Council:
(i) Elections in line with State
(ii) Possible Auditor elected
(iii) Review Charter for possible updates
(iv) Review and expansion of the City Auditor responsibilities to include adding the requirement the position adhere to California Government Code 1236(a) which states, “all city, county and district employees that conduct audits or that conduct audit activities of those respective agencies shall conduct their work under the general and specified standards prescribed by the Institute of Internal Auditors or the Government Auditing Standards issued by the Comptroller General of the United States, as appropriate” (v) Consider creation of an Audit Committee composed of three members of the City Council (Mayor and two members of the City Council) and two qualified residents of the City of Modesto.
(vi) Consider whether Charter Officers be required to be full time employees of the City of Modesto?
(vii) Consider whether there should be a requirement for a mandatory forensic audit (every two years) of professional service contracts? (viii) Consider removing requirement of Modesto City School Board elections. (ix) Add clean-up of Salary Setting Commission and Districting Commission meetings from even years to odd years.
(x) Add clean-up of outdated terms/requirements such as “telegrams” under Boards, Commissions and Committees.
(xi) Review effectiveness of council term limits and determine if modifications are warranted.
(xii) Review clean up language from last Charter Review changes/amendments. (xiii) To Reaffirm the Council-Manager form of Modesto City Government and intent. Issues
a. Over the years form of government has been watered down allowing Mayor/Council to assume they have Charter authority in da to day operations.
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15 b. Employees, Charter Officers, Citizens, and Council members do not always follow the Charter requirements.
c. Return the budget process to the City Manager and eliminate the Mayor’s pre preferred role in the process. The current practice has created individual desires and interests that are seldom shared by purposeful deliberated process by the full City Council.
(xiv) Establish a primary for all City elections prior to November General Elections in even years to match the State (i.e: March) of California. This would eliminate (unless a candidate receives 50%+1) post November election runoff to February of the next uneven year.
(xv) To review and consider public discussion on our current Council makeup of one elected Mayor City wide and six council members in districts elections versus five district elections and an annual rotating Mayor and Vice Mayor like the County of Stanislaus Board of Supervisors format.
(xvi) Review the current district’s boundaries based on population, community diversity and demographics.
(xvii) Review and have public discussion for possible change to City-wide elected office of the Auditor, verses appointed by the Modesto City Council. (xviii) Review Powers and Duties of the Mayor for efficiencies and possible inefficiencies which may inhibit the position to effectively address issues of importance to the citizens of Modesto.
(xix) Review the Charter for regional issues such as do school district items need to remain in the Charter?
(xx) Does anything in the Charter prevent or interfere with the City cooperating on issues outside city limits such as providing regional and cost effective fire services, preserving prime agricultural lands, addressing social issues such as homelessness or similar issues?
(xxi) Should anything be added to the Charter to encourage regional approaches? #17..
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16 Recommendations and Considerations
I. MAYOR’S ELECTION
The Charter Review Committee reviewed the primary and run-off election of the Mayor that is currently held in November and February. The Committee discussed this topic thoroughly and arrived at the recommendation to modify the election of the Mayor so that it is consistent with the election for the State of California, ordinarily held in March and November.

More specifically, at the March 2, 20202 meeting, the CRC voted on two issues as it relates to the Mayor:

1. First, as it relates to timing only, to move the election dates of the Mayor from November and February to occur at the same time as the State’s primary and general elections of the state (generally either March or June, and November respectively).

2. Second, the Committee voted to not change the process of election, so the primary election in March/June would simply require a 50% + 1, and the election in November will occur only if a run-off is needed.

RECOMMENDED CHARTER REVISIONS:

SECTION 300. REGULAR MUNICIPAL ELECTIONS.

Regular municipal elections for the elective office of Mayor shall coincide with the date of the statewide primary election in even-numbered years. To transition to even-numbered year elections, the municipal election normally held in November 2019 shall be moved to November 2020 and the municipal election normally held in November 2021 shall be moved to November 2022.

This transition results in a one-time, one-year extension of the terms of city council members elected in November 2015, the mayor elected in the November 2015 election which resulted in his election in the February 2016 run-off election, and the city council members elected in the November 2017 election.

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17 If, at said regular municipal election for the Office of Mayor, held on the date of the statewide primary election, no candidate for the elective office of Mayor for the City of Modesto receives a majority of the valid votes cast for said office a run-off election shall be held for said office on the first Tuesday after the first Monday in November of that year to coincide with the regular municipal election of the elective offices of the other members of Council. At said run-off election, the two (2) candidates for the elective office of Mayor receiving the highest number of votes at the prior municipal election shall have their names placed on the ballot for election to said office.

SECTION 501 – METHOD OF ELECTION.

The Mayor shall be elected at the regular municipal election on a general ticket from the City at large, as set forth under Section 300 of this Charter.

SECTION 600 – TERM OF OFFICE.

The Mayor shall hold office for a term of four (4) years, until the Mayor’s successor is qualified and elected, coinciding with the terms of office for the other members of Council as provided under Section 700 of this Charter.

ADDITIONAL CONSIDERATIONS:

At the March 17, 2021 CRC Meeting, the CRC voted against moving the six Council Member elections to coincide with the statewide primary (and coincide with office of mayor). They voted to (i) approve (i) section 300 as revised below, (ii) section 501 as revised below, and (iii) directed staff to clarify section 600 to ensure mayor has complete four-year term post-November to postNovember in view of the fact that mayoral run-off is now prior to general municipal election (in spring rather than November). The language to section 600 below reflects this change. Staff also un-deleted the paragraph in section 300 beginning “To transition to even-numbered…” because this still applies to council members elected in 2017 whose term will now end in 2022, not 2021.

II. OFFICE OF THE CITY AUDITOR
The Charter Review Committee reviewed sections related to the Office of the City Auditor extensively. Ultimately, the Committee voted to make key changes to this section related to the duties, qualifications, recruitment, and removal process.

Furthermore, the CRC gave the following direction regarding changes in the language in Section 902.1. At the February 25, 2021 meeting, the phrase “with Deleted: a
Deleted: held on the first Tuesday, after the first
Monday in November of each even-numbered year
Deleted: at said regular municipal election,
Deleted: on the first Tuesday in February of each
odd-numbered year commencing with the Mayoral
election held in November 2020
Deleted:

Deleted: less any time required between a
November election and a February run-off election,
from and after the first Tuesday following the Mayor's
election and until the Mayor's successor is qualified
and elected. To allow for a transition to evennumbered year elections as required by state law, the term for the Mayor elected in the November 2015
election which resulted in his election in February
2016 shall be extended by one year to
accommodate moving the November 2019 election
to November 2020.
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18 the exception of the office of any elected official” was unstruck in section (d).

Based on the February 25, 2021 meeting, additional changes were made to Section 902.1 and section 900 as these sections cover some of the same language.

On March 17, 2021, the Committee approved language changes in 900. They also approved the 902.1 language regarding qualifications in subdivision (a).

Further changes to the rest of the 902.1 section are suggested below, which were made after the March 17, 2021 meeting where the CRC provided Chris Tyler direction to confer with the City Auditors from Sacramento and Berkeley regarding language in this section and bring back further suggested changes.

RECOMMENDED CHARTER REVISIONS:

SECTION 902.1 OFFICE OF THE CITY AUDITOR
The Office of the City Auditor is hereby established. The City Council shall appoint the City Auditor.

A. Qualifications: The City Auditor shall possess adequate professional proficiency for the job, demonstrated by relevant certifications such as Certified Internal Auditor (CIA), Certified Public Accountant (CPA) or Chartered Accountant (CA) or have an advanced degree and at least five (5) years of experience in government auditing, evaluation or analysis.

B. Appointment: Within 30 days of a vacancy, the Mayor shall initiate the recruitment process by recommending the selection of a recruitment firm or other recruitment process, and the Council shall, thereafter appoint a City Auditor as soon as practicable. The Council shall appoint the City Auditor for an indefinite term and may only remove the City Auditor by a vote of five (5) or more of its members as further provided under Section 900 of this Charter.

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19 protecting, and using its resources, including public funds, personnel, property, equipment, and space, economically, efficiently, equitably, and effectively and in a manner consistent with the objectives intended by the City Council or enabling legislation;
iii. The entity, programs, activities, functions, or policies are effective, including the identification of any causes of inefficiencies or uneconomical practices;
iv. The desired result or benefits as intended by the City Council are being achieved;
v. Financial and other reports are being provided that disclose fairly, accurately, and fully all information required by law, to ascertain the nature and scope of programs and activities, and to establish a proper basis for evaluating the programs andactivities including the collection of, accounting for, and depositing of, revenues and other resources;
vi. Management has established adequate operating and
administrative procedures and practices, systems or
accounting internal control systems and internal management controls; and
vii. Indications of fraud, abuse or illegal acts are valid and need further investigation
D. Conduct special audits and investigations, as requested by the Council. "Special audits and investigations" mean assignments of limited scope, intended to determine:
i. The accuracy of information provided to the Council. ii. The costs and consequences of recommendations to the Council.

E. Standards. Audits shall be conducted in accordance with recognized government auditing standards.

F. Funding. Sufficient funds shall be proposed and approved to carry out the responsibilities specified herein. The Office of the City Auditor ‘s budget shall be submitted to Council directly by the Audit Committee.

G. Staffing. The City Auditor may appoint and prescribe the duties of the professional, technical and clerical employees employed in the Office of the City Auditor; provided, however, that the City Auditor shall not appoint to any position any business associate or any person related to him or her or to the City Manager or to any member of the Council by blood or marriage within the second degree. All such appointees shall serve at the pleasure of the City Auditor in the Unclassified Service; and shall serve under such terms and conditions, salaries and benefits as are similar to other employees in Modesto's service. In the event an employee of the City who holds a Classified Service position is appointed to a position in the Unclassified Service under this Section, he or she may return to a position in the Classified Service. Such return to the Classified Service shall be without Formatted: Font: 12 pt
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Deleted: Conduct or cause to be conducted
annual post audits of all the fiscal transactions
and accounts kept by or for the City. Such
audits shall include but not be limited to the
examination and analysis of fiscal procedures
and the examination, checking and verification
of accounts and expenditures. The audits shall
be conducted in accordance with generally
accepted auditing standards and accordingly
shall include tests of the accounting records
and other auditing procedures as may be
considered necessary under the
circumstances. The audits shall include the
issuance of suitable reports of examination so
the Council and the public will be informed as
to the adequacy of the financial statements of
the City.

Deleted: <#>¶
<#>Conduct performance audits, as assigned by
Council. A "performance audit" means a post
audit which determines with regard to the
purpose, functions and duties of the audited
agency all of the following:¶
<#>Whether the audited department, office or
agency, is managing or utilizing its resources,
including public funds, personnel, property,
equipment and space in an economical and
efficient manner.¶
<#>Causes of inefficiencies or uneconomical
practices, including inadequacies in management
information systems, internal and administrative
procedures, organizational structure, use of
resources, allocation of personnel, purchasing
policies and equipment.¶ ...

Deleted: <#>assigned
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numbering
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performance of City Departments, Offices or
Agencies as requested by the Council.¶
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20 loss of any rights or privileges that currently pertain to the Classified Service.

H. The City Auditor shall have, unless prohibited by law, access to, and authority to examine any and all documents including but not limited to books, accounts, internal memoranda, writings and tapes, reports, vouchers, correspondence files and other records, bank accounts, money and other property of any City department, office or agency, whether created by the Charter or otherwise, with the exception of the office of any elected official. It is the duty of any officer, employee or agent of the City having control of such records to permit access to, and examination thereof, upon the request of the City Auditor or his or her authorized representative. It is also the duty of any such officer, employee or agent to fully cooperate with, and to make full disclosure of all pertinent information.
i. Prepare and submit to the Council quarterly reports of the City Auditor's activities and findings in the immediately preceding three calendar months, together with any recommendations to improve the administration of the City.
ii. Perform other auditing functions, consistent with other provisions of this Charter, and prepare and submit such other reports, as may be assigned by the Council.

I. Audit Schedule. At the beginning of each calendar/fiscal year, the Auditor shall submit a one-to-five-year audit schedule to the Audit Committee and Council for review and comment. The schedule shall include the proposed plan, and the rationale for the selections,for auditing departments, offices, boards, activities, subcontractors and agencies for the period. This schedule may be amended after review with the Audit Committee and Council but the Auditor shall have final authority to select the audits planned.

J. Reports. Each audit will result in a report, written or in some other retrievable form. The report shall contain relevant background information and findings and recommendations. The Auditor shall prepare and submit to the Audit Committee, at their regularly scheduled public meetings, quarterly reports or updates of the City Auditor's activities and findings, together with any recommendations requiring immediate action to improve the administration of the City.

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21 K. Report of Irregularities. If, during an audit, the Auditor becomes aware of abuse or illegal acts or indications of such acts that could affect the City, the Auditor shall report the irregularities to the Audit Committee.

Section 900 – Officers and Employees. General
Recommended Charter Revisions
The officers of the City of Modesto shall consist of a Mayor, the Council, a City Manager, a City Attorney, a City Clerk, a City Auditor and such other or subordinate officers, assistants, deputies and employees as the Council may deem necessary to provide by ordinance or resolution.

The City Attorney, the City Clerk and the City Auditor shall be appointed by the affirmative votes of four (4) members of the Council. The City Attorney and the City Clerk may be removed by the affirmative votes of four (4) members of the Council and the City Auditor may only be removed by the affirmative votes of five (5) members of the Council. Notwithstanding the foregoing, that neither the City Attorney, the City Clerk nor the City Auditor shall be removed from office during or within a period of ninety (90) days next succeeding the election of a member of the Council. The purpose of this provision is to allow any newly elected member of the Council to observe the actions and abilities of these officers in the performance of the powers and duties of the respective offices.

The City Manager shall be appointed and removed as provided by Section 800 of this Charter. Except as otherwise provided in this section, all other officers and department heads of the City shall be appointed by the City Manager and shall serve at the pleasure of the City Manager.

The City Auditor shall have such powers and be required to perform such duties, consistent with the provisions of this Charter, as may be required by the Council.

The City Manager, the City Attorney, the City Clerk, and the City Auditor may be referred to collectively in this Charter as "Charter Officers." Recommended Charter Addition
902.2 Audit Committee
The purpose of the Audit Committee is to advise the City Council on items related to the work of the City Auditor, and the City’s financial statement audits.

Among other duties, the Audit Committee shall:

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Deleted: <#>The City Auditor may appoint and
prescribe the duties of the professional, technical
and clerical employees employed in the Office of
the City Auditor; provided, however, that the City
Auditor shall not appoint to any position any
business associate or any person related to him or
her or to the City Manager or to any member of the
Council by blood or marriage within the second
degree. All such appointees shall serve at the
pleasure of the City Auditor in the Unclassified
Service; and shall serve under such terms and
conditions, salaries and benefits as are similar to
other employees in Modesto's service. In the event
an employee of the City who holds a Classified
Service position is appointed to a position in the
Unclassified Service under this Section, he or she
may return to a position in the Classified Service.

Such return to the Classified Service shall be
without loss of any rights or privileges that currently pertain to the Classified Service.¶
<#>Neither the Council nor any of its members shall
in any manner dictate the appointment or removal
of any such officer or employee whom the City
Auditor is empowered to appoint, but the Council
may express its views and fully and freely discuss
with the City Auditor anything pertaining to the
appointment and removal of such officers and
employees.¶
Deleted: and may be removed by
Deleted: ; provided, however,
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22 (a) Review the Auditor’s audit plan annually and submit a proposed Auditor’s Office budget annually to the City Council;
(b) Provide suggestions and comments for the annual audit plan; (c) Review and consult with the Auditor on quarterly reports or updates of the City Auditor's activities and findings;
(d) Report irregularities raised by the Auditor to the City Council; (e) Ensure that audit reports are transmitted to the legislative body and to the public;
(f) Monitor follow-up on reported findings to assure corrective action is taken by management;
(g) Report to the legislative body on problems or problem areas at such times as deemed appropriate;
(h) Provide input on, and participation in, the selection of the firm conducting the annual financial statement audits;
(i) Review and forward to the City Council materials related to the city’s annual financial statement audit conducted pursuant to Section 1306 of this Charter. 902.3 Audit Committee Composition:
• The Audit Committee shall be comprised of the Mayor, two members of the City Council, and two members of the public who are residents of the City of Modesto and shall possess a minimum of 2 years of experience in financial or performance auditing. Strong consideration shall be given to residents who are Certified Public Accountants.
• No public member of the Committee shall be a relative by blood or marriage to the third degree of the mayor, member of the council, any charter officer, or any department head or deputy department head. • No public member of the Committee shall be an employee of the City nor any bargaining unit for employees of the City, nor a person who receives compensation from the City or from bargaining units of the City in any manner, including retirement benefits.
• No public member of the Committee shall be a lobbyist or other person with business before the City that represents and economic interest in excess of the limit for material financial effect established by local ordinance for the time periods established by local ordinance. • Public members of the Committee shall serve without compensation #17..
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23 III. CITY MANAGER
The Charter Review Committee reviewed this section based on the direction from city staff. The Committee voted to remove the residency requirement as indicated by the redlines below in line with the following legal recommendation:

California Government Code Section 50083 states that “no local agency shall require that its employees be residents of such local agency or district. Likewise, the California Constitution provides: “A city or county, including any chartered city or chartered county, or public district, may not require that its employees be residents of such city, county or district; except that such employees may be required to reside within a reasonable and specific distance of their place of employment or other designated location." Cal Const art XI, §10(b). An apparent minority of cities do take the position that the constitutional and statutory prohibition does not apply to an officer of the city, such as a city manager, as opposed to an “employee.”
This issue has not been tested in the courts, however, city officers are also employees and therefore the City Attorney’s Office recommends that the majority view be adopted. The Committee approved this recommendation and voted to make the following changes to this section.

RECOMMENDED CHARTER REVISIONS:

There shall be a City Manager who shall be the chief executive officer and head of the Administrative Branch of the City government. The City Manager shall be chosen on the basis of the person's executive and administrative qualifications with special reference to the person's actual experience in, or the person's knowledge of accepted practices with respect to the duties of the office as hereinafter set forth. No member of the Council shall be eligible for appointment to the office of City Manager during the term for which the member shall have been elected or appointed, nor within one (1) year thereafter.

IV. BUDGET TIMELINE
Deleted: The City Manager need no be a resident of
the City or State at the time of appointment, but
during the City Manager’s tenure of office, the City
Manager shall reside within the City.
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24 There were several areas of concern with the timeline related to the development of the budget in Sections 1302.1, 1302.2, and 1303.3. First, the City does not receive property tax revenue or second quarter sales tax data until late February which can be helpful in informing the mid-year budget report. In addition, the current budget timeline requires the Mayor’s Final Budget Modifications on May 31st (or 30 days prior to the new fiscal year) and Council to consider the Mayor’s modifications and the draft budget in early June, which only allows for one meeting for Council to consider the approval of the budget. The recommended change, shown below, would allow for the Council to consider the Mayor’s modifications and the draft budget in late May, post the hearing notice, and allow for two Council meetings for the approval of the budget, which grants staff and Council additional flexibility with regard to changes to the proposed budget.

Further, at the March 2, 2020 meeting, the Charter Review Committee deliberated regarding the possibility of the Mayor not considering the remainder of the Council in the development of the City’s budget priorities. Based on this, the Committee voted to approved the revised timeline that also includes allotted time for the Council to submit budget priorities to the Mayor for consideration.

RECOMMENDED CHARTER REVISIONS
Section 1302.1 Submission of Economic Forecasts
The City Manager shall, on or before December 15 of each year, submit to the Mayor and to the Council a five (5) year economic forecast of expenditures and revenues for each City department, office or agency.

On or before January 10, the members of the Council may submit individual written budget priorities to the Mayor for consideration.

The Mayor shall, after consideration of any received written budget priorities, prepare and deliver to the Council the Mayor's Proposed Budget Priorities and Direction for both the City's Capital Budget and for the City's Operating Budget. .

Deleted: on or before January 15 of each year,
Deleted: The City Manager shall, on or before
February 1 of each year, prepare and deliver to the
Mayor and to the Council a Capital and Operating
Mid-Year Budget Report for each City department,
office or agency
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25 The Council shall hold a public hearing to consider the Final Mayor's Budget Message and to make any additions or revisions the Council deems advisable.

Upon close of the public hearing, the Council shall approve the Mayor's Budget Message as presented, or as revised.

The City Manager shall, on or before March 15 of each year, prepare and deliver to the Mayor and Council, a Capital and Operating Mid-Year Budget Report for each City department, office, or agency.

Section 1302.2 Annual Budget
By April 30 of each year, the City Manager shall send to the Council a draft budget consisting of a careful estimate, in writing, of the amounts of expenditures required for the business and proper conduct of the various departments, offices, boards and commissions of the City, over which the City Manager has control during the next ensuing year. Said estimate shall be in such detail as the Council shall specify. The City Manager shall also include in the draft budget at said time and submit to the Council an estimate of the amount of income from fines, licenses and other sources of revenue, exclusive of taxes upon property, and the probable amount required to be levied and raised by taxation.

In addition to complying with the requirements of this section, the draft budget shall accurately reflect the recommendations and priorities specified in the Final Mayor's Budget Message as adopted by the Council.

The report of the City Manager accompanying the draft budget shall specify the budget allocations which implement each component included within the Final Mayor's Budget Message as adopted by the Council.

Section 1303. Mayor’s Final Budget Modifications; Public Hearing on the Proposed Budget
At least forty-five (45) days prior to the new fiscal year, the Mayor shall prepare and deliver to the Council the Mayor's Final Budget Modifications on the draft budget.

Following the receipt of the Mayor's Final Budget Modifications, the Council shall consider and review the draft budget as submitted by the City Manager together with the Mayor's Final Budget Modifications and may make such revisions as the Council may deem advisable. The document resulting from this process shall be deemed the "Proposed Budget."
Thereafter, the Council shall determine the time for holding of a public hearing upon the "Proposed Budget", and shall cause a notice thereof to be published Deleted: thirty (30)
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26 not less than ten (10) days prior to said hearing by at least one (1) insertion in a newspaper of general circulation within the City.

Copies of the Proposed Budget to be considered at the public hearing shall be available for inspection by the public at the office of the City Clerk at least ten (10) days prior to said hearing.

At the time so advertised or at any time such public hearing from time to time be adjourned, the Council shall hold a public hearing on the proposed budget at which interested persons desiring to be heard shall be given such opportunity. #17..
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27 V. METHOD OF ELECTION
At the February 19, 2020 meeting, the Committee directed staff to come back with some recommendations for updating the criteria for districting language in subdivision (b)(4) to ensure any future re-districting complies with state law. At the March 17, 2021 the Committee approved this language.

RECOMMENDED CHARTER REVISIONS
(4) Criteria for Districting. To ensure fair and effective representation for all citizens of the City, the Commission, in recommending a districting or redistricting plan, and the Council, in approving or rejecting a districting or redistricting plan, shall consider the following criteria for the districts to the extent practicable and permissible under federal and state law:
(A) district boundaries should be geographically compact and contiguous; (B) district boundaries should follow visible natural and man-made features;
(C) district boundaries should respect communities of interest. A community of interest is defined as a geographic area comprised of residents who share similar interests including, but not limited to, social, cultural, ethic, geographic or economic interests, or formal government or quasi-governmental relationships, but not including relationships with political parties, incumbents, or candidates;
(D) district boundaries should be drawn without regard for advantage or disadvantage to incumbents or challengers;
(E) district boundaries should be drawn without regard for advantage or disadvantage to any political party.
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28 VI. CULTURE COMMISSION
Based on the recommendation from staff, the Committee considered whether it would be more appropriate to include all committees and commissions in the municipal code, rather than the charter, to offer greater flexibility in the composition, purpose, and other miscellaneous details.

At the February 19, 2020 meeting the Charter Review Committee voted to revise the language to exclude the specific member requirements to match the simplicity of the Planning Commission in Section 1107 and maintain it in the charter.

RECOMMENDED CHARTER REVISIONS
There shall be a Culture Commission. The Commission shall have the power and duty to:
(a) Act in an advisory capacity to the Council and the City Manager in all matters pertaining to art, literature, music and other cultural activities; (b) Formulate and recommend annually to the Council a program relating to art, literature, and music and other cultural activities; (c) Promote the preservation of historic sites, landmarks, documents, paintings and other objects associated with the history of the City and its area, and develop educational interest in all such historical matters; (d) Act in an advisory capacity to the Council, City Manager and Director of any Museum or Cultural Center that may be established by the Council.

Deleted:

Deleted: consisting of seven (7) members, five (5)
of whom shall be registered electors of the City, and
two (2) of whom shall live outside the City but shall
be registered electors of Stanislaus County
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29 VII. BOARD OF PERSONNEL APPEALS
Sections 1108-1109
Based on the recommendation from staff, the Committee considered whether it would be more appropriate to include all committees and commissions in the municipal code, rather than the charter, to offer greater flexibility in the composition, purpose, and other miscellaneous details.

The Committee voted to keep the Board within the Charter at the February 19, 2020 meeting. In view of the fact that, according to HR, the Board of Personnel Appeals was effectively taken over by the State through its Public Employment Relations Board (PERB), the Committee directed staff to make the language flexible to reflect the fact these duties are now performed by the State of California. At the March 17, 2021, the CRC voted to approve the changes and consolidation below.

RECOMMENDED CHARTER REVISIONS
SECTION 1108 – BOARD OF PERSONNEL APPEALS
There shall be a Board of Personnel Appeals consisting of three (3) members.

The Board of Personnel Appeals shall have the power and duty to:
(a) Select a hearing officer to hear the appeals of any person in the classified service relative to any suspension, demotion or dismissal, so long as a separate and distinct procedure has not been delineated by a valid and existing Memorandum of Understanding.
(b) Act in an advisory capacity to the City Manager on such personnel matters as may be referred to it by the City Manager.

The Board of Personnel Appeals, and its duties and obligations hereunder, shall not be operative, or in effect, during the period in which the California Public Employment Relations Board (PERB), or similar state agency or department, exercises the essential functions and duties prescribed for the Board of Personnel Appeals as contemplated herein.
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30 VIII. MEETINGS AND CHAIRPERSONS
At the February 19, 2020 meeting the CRC voted to approve the revised language set forth immediately below because, as recommended by staff, it was not the practice of the boards and commission to submit annual reports, or rules, rendering the language moot.

RECOMMENDED CHARTER REVISIONS
As soon as practicable following the first day of January of each year, each of such boards and commissions shall organize by electing one of its members to serve as chairperson at the pleasure of such board or commission. Whenever a special meeting of any board or commission shall be called, the secretary shall cause written notice of such meeting to be given to each member of such board or commission and to each local newspaper of general circulation, radio or television station requesting notice in writing. Such notice must be delivered personally or must be deposited in the United States mail, postage prepaid, at least twenty-four (24) hours before the time of such meeting as specified in the notice. The notice and order shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings by said boards or commissions.

IX. TECHNICAL AMENDMENTS
As mentioned in the Executive Summary of this report, the technical amendments include changes to various sections of the Charter to offer the Deleted: Each board and commission shall prepare
and submit to the Council an annual report of its
activities. Such report shall be made on the fiscal
year basis and shall be submitted on or before
September 1 of each year. Each board or
commission shall prescribe its own procedural rules
and regulations which shall be consistent with this
Charter and copies of which shall be kept on file in
the office of the City Clerk where they shall be
available for public inspection.
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31 organization greater flexibility by streamlining processes, and allowing for the use of modern technology. The Committee unanimously approved of the recommended changes to the following sections:

Section 1313 – Purchase of Supplies and Equipment
The Council, section, shall annually review by June 30th policies and procedures governing bidding regulations, and purchases of supplies, services and equipment by the City. Said policies and procedures may include provisions authorizing joint purchasing with other local governmental agencies.

Purchases of supplies, services, and equipment by the City shall be made in accordance with such policies and procedures.

Section 1307 – Public work to be done by contract
Every project involving an expenditure of city moneys of more than the amount which the City Council shall establish by ordinance, for the construction or improvement of public buildings, works, drains, sewers, utilities, parks, playgrounds, and streets (exclusive of projects for resurfacing, maintenance and repair of streets, or any park or parks playground project otherwise subject to the public bidding requirements of this sections that involves any donated labor and/or material) shall be let by contract to the lowest responsible bidder after notice by publication in any or all methods permitted under state law, including in the official newspaper by one or more insertions, the first of which shall be at least seven (7) days before the time for opening bids.

Section 1311 – Contracts for Official Advertising
The Council shall let annually contracts for the official advertising for the ensuing fiscal year. Official advertising contracts may be let to digital or print platforms, as permitted under state law. The Council shall let the contracts for such official advertising to the lowest responsible bidder; provided, that the Council may reject any or all bids and advertise for new bids.

Deleted: by ordinance, within one (1) year following
the adoption of this
Deleted: adopt
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Deleted: ,
Deleted: including
Deleted: governing
Deleted: Following the adoption of such policies and
procedures,
Deleted: p
Deleted: therewith.

Deleted: The Council shall let the contracts for such
official advertising to the lowest responsible bidder
Deleted: a newspaper
Deleted: ; provided, that the Council may reject any
or all bids and advertise for new bids.
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Modesto City CouncilJune 28, 2022

Modesto City Council
June 28, 2022