Modesto City Council
August 9, 2022

- 1 -
8/9/2022 5:30:00 PM

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

CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, August 09, 2022 at 5:30 PM
*Roll Call - Councilmembers Escutia-Braaton, Kenoyer, Madrigal, Ricci, Wright, Mayor Zwahlen
* Some Councilmembers may be participating in the meeting remotely via teleconferencing or other electronic means consistent with the AB 361.
“Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.

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

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

You may observe a livestream of the meeting at http://media.modestogov.com. You may also participate in the meeting as indicated below.
- 1 -
8/9/2022
- 2 -
8/9/2022 5:30:00 PM

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

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

VIRTUAL PARTICIPATION BY ZOOM VIDEO

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

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

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

USING A COMPUTER OR SMART PHONE APP:
 Click on the “Raise Hand” feature in the webinar controls. This will notify City staff that you have raised your hand.
- 2 -
8/9/2022
- 3 -
8/9/2022 5:30:00 PM
 City staff will unmute your microphone when it is your turn to provide public comment.
 A prompt will appear to confirm you would like to be unmuted and then you will have three minutes to provide public comment.
 Once your public comment has ended, you will be muted again.

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

Additional Zoom resources/support
Please visit Zoom’s website support page on helpful tips to prepare for the meeting:
https://support.zoom.us/hc/en-us/categories/201146643
Pledge of Allegiance to the Flag
Invocation: Cindy Fraze, The Church of Jesus Christ of Latter Day Saints City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Stanislaus County Update (Funding Source: Not Applicable) CITY MANAGER; Joseph Lopez, 209-577-5223, [email protected]

2. Presentation of Proclamation recognizing Assyrian Martyrs Remembrance Day (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected]

3. Presentation of Certificates of Recognition to members of the Forward Together Workgroup. (Funding Source: Not Applicable)
CITY MANAGER; Allison Van Guilder, 209-577-5223, [email protected]

MISCELLANEOUS
Legislation, Appointments, Other
- 3 -
8/9/2022
- 4 -
8/9/2022 5:30:00 PM

4. Consider approving the appointment of Omar Silva to the Housing Rehabilitation Loan Committee with a term expiration of January 1, 2024. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution approving the appointment of Omar Silva to the Housing Rehabilitation Loan Committee (HRLC) as the Citizen’s Housing and Community Development Committee (CH&CDC) representative with a term expiration of January 1, 2024.

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

5. Consider reappointing Mary Ramirez to the Housing Rehabilitation Loan Committee, with a term expiration of December 31, 2025. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution reappointing Mary Ramirez to the City of Modesto Housing Rehabilitation Loan Committee, with a term expiration of December 31, 2025.

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

6. Consider recommending appointments to fill six vacancies on the Equity Commission for a four-year term. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution approving the appointments of Stacey Sottero, Lisa Battista, Maya Ramirez, Gabriella Fierro, A’Kia Walker, and Mayra Martinez to the Equity Commission with a term expiration of August 1, 2026.

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

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

CONSENT ITEMS – ROLL CALL VOTE REQUIRED
Information concerning the consent items listed below has been forwarded to each Councilmember prior to this meeting for study. Unless some member of the audience or Councilmember has a question concerning an item and asks that it be withdrawn from the consent list, the Council approves the items at one time. The action taken by the Council in - 4 -
8/9/2022
- 5 -
8/9/2022 5:30:00 PM
approving consent items is set forth in the explanation of this individual item.

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

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

In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

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

Consent

7. Consider approving the minutes from the July 12, 2022 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
 Motion approving the minutes from the July 12, 2022 Council Meeting.

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

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

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

9. Consider approving a First Amendment to the Agreement with Brenda Davis Law Group to provide cannabis equity consulting services for the development of a Cannabis Equity Program, increasing the Agreement amount by $49,050 from $40,000 to a new total of $89,050. (Funding Source: GO-Biz Cannabis Equity Grant Funds and General Fund)
- 5 -
8/9/2022
- 6 -
8/9/2022 5:30:00 PM
Staff Recommendation:
 Resolution approving a First Amendment to the Agreement with Brenda Davis Law Group to provide cannabis equity consulting services for the development of a Cannabis Equity Program, increasing the Agreement amount by $49,050 from $40,000 to a total of $89,050 and authorizing the City Manager, or his designee, to execute the amendment.

CED; Jorge Barrera, 209-571-5179, [email protected] Consent

10. Consider accepting the Monthly Investment Report for May 2022. (Funding Source:

Various Funds)
Staff Recommendation:
 Motion accepting the Monthly Investment Report for May 2022.

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

11. Consider approving the Award of Proposal and Agreements to Public Financial Management (PFM) Financial Advisors LLC, San Francisco, California, for Municipal Advisory Services and PFM Swap Advisors LLC, San Francisco, California, for Annual Derivative Valuation Report for two years with three one-year extension options at a combined estimated annual amount of $150,000 and a total combined amount not to exceed $750,000 over the five years. (Funding Source: General Fund, Redevelopment Successor Agency, Water, Wastewater, and Golf Fund) Staff Recommendation:
 Resolution approving the Award of Proposal and Agreements to Public Financial Management (PFM) Financial Advisors LLC, San Francisco, California, for Municipal Advisory Services and PFM Swap Advisors LLC, San Francisco, California, for Annual Derivative Valuation Report for two years with three one-year extension options at a combined estimated annual amount of $150,000 and a total combined amount not to exceed $750,000 over the five years and authorizing the City Manager or his designee to execute the Agreement.

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

12. Consider accepting an informational report for the June 2022 Accounts Payable Payment Register and Void report. (Funding Source: Not Applicable) Staff Recommendation:
 Motion accepting an informational report for the June 2022 Accounts Payable Payment Register and Void report.

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

13. Consider approving a second cell tower lease amendment to the site lease Agreement - 6 -
8/9/2022
- 7 -
8/9/2022 5:30:00 PM
with New Cingular Wireless PCS, LLC, extending the maximum term of the Agreement through August 31, 2047. (Funding Source: Cell Tower Facility Rental Revenue)
Staff Recommendation:
 Resolution approving a second cell tower lease amendment to the site lease Agreement with New Cingular Wireless PCS, LLC, extending the maximum term of the Agreement through August 31, 2047 and authorizing the City Manager, or his designee to execute the Agreement
PRN; Nathan Houx, 209-571-5526, [email protected]
Consent

14. Consider approving the Initial Study/Mitigated Negative Declaration (IS/MND) for the Riverdale Park Tract Community Services District Water System Consolidation Project in accordance with the California Environmental Quality Act (CEQA), and making certain findings concerning the environmental impacts and mitigation measures, approving a Mitigation Monitoring and Reporting Program, in connection with the Riverdale Park Tract Community Services District Water System Consolidation Project contemplated by the IS/MND, directing staff to file a Notice of Determination for the IS/MND. (Funding Source: Water Fund)
Staff Recommendation:
 Resolution approving the Initial Study/Mitigated Negative Declaration for the Riverdale Park Tract Community Services District Water System Consolidation Project in accordance with the California Environmental Quality Act and making certain findings concerning the environmental impacts and mitigation measures, approving a Mitigation Monitoring and Reporting Program and directing staff to file a Notice of Determination.

UTILITIES; Jim Alves, 209-571-5557, [email protected] Consent

15. Consider accepting the Scenic Drive Pavement Rehabilitation Phase I project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $1,248,560 to George Reed, Inc., of Modesto, CA. (Funding Source: Local Control Measure L Funds) Staff Recommendation:
 Resolution accepting the Scenic Drive Pavement Rehabilitation Phase I project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $1,248,560 to George Reed, Inc., CA.

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

16. Consider approving the First Amendment with Grover Landscape Services, Inc., Modesto, CA for the Furnishing of Landscape Maintenance, Weed Abatement, Trash Removal and Rodent Control Services, and increasing the annual amount by $15,000 from $155,000, to a new estimated annual amount of $170,000 for Year 3 and including a 10% CPI increase for Years 4 and 5 for a new total amount not to exceed - 7 -
8/9/2022
- 8 -
8/9/2022 5:30:00 PM
$872,700 over five years. (Funding Source: Sewer and Storm Drain Funds and Various Community Facility Districts (CFD) Funds)
Staff Recommendation:
 Resolution approving the First Amendment with Grover Landscape Services, Inc., Modesto, CA for the Furnishing of Landscape Maintenance, Weed Abatement, Trash Removal and Rodent Control Services, and increasing the annual amount by $15,000 from $155,000, to a new estimated annual amount of $170,000 for Year 3 and including a 10% CPI increase for Years 4 and 5 for a new total amount not to exceed $872,700 over five years and authorizing the City Manager or his designee, to execute the amendment.

UTILITIES; Robert Englent, 209-577-6222, [email protected]

COUNCIL COMMENTS & REPORTS

CITY MANAGER COMMENTS & REPORTS

UNFINISHED BUSINESS

17. Consider approving a Memorandum of Understanding with the Downtown Streets Team (DST) program in collaboration with the County of Stanislaus Community Services Agency, and approving an annual contribution in an amount not to exceed $700,000, for a total amount of $2,100,000 throughout the three year term. (Funding Source: Litter Abatement Fund, Community Development Block Grants, American Rescue Plan Act Funds)
 Resolution approving a Memorandum of Understanding with the Downtown Streets Team (DST) program in collaboration with the County of Stanislaus Community Services Agency, and approving an annual contribution in an amount not to exceed $700,000, for a total amount of $2,100,000 throughout the three year term, to assist the City of Modesto in addressing homelessness, and authorizing the City Manager or his designee execute the Agreement.  Resolution amending the fiscal year 2022-2023 multi-year fund budget to establish applicable revenue, expense and transfer budgets for the Downtown Streets Team Memorandum of Understanding to be funded with American Rescue Plan Act (ARPA) funds and Community Development Block Grant (CDBG) funds and Litter Abatement funds and authorizing the City Manager or his designee, to take the necessary steps to implement the provisions of this resolution
CED; Jessica Hill, 209-577-5321, [email protected]

HEARINGS
Published in the Modesto Bee on July 20, 2022

18. Hearing to consider a City-initiated rezone from Low Density Residential (R-1) Zone and Commercial-Industrial (C-M) Zone to Planned Development Zone P-D(615) for - 8 -
8/9/2022
- 9 -
8/9/2022 5:30:00 PM
property located at 1601 and 1625 McHenry Ave, and a rezone from CommercialIndustrial (C-M) Zone to General Commercial (C-2) Zone for property located at 1707 McHenry Avenue. (Funding Source: General Fund)
Staff Recommendation:
 Motion introducing and waiving the first reading of an Ordinance amending Section 17-3-9 of the zoning map to rezone from Low-Density Residential Zone, R-1, and Commercial Industrial Zone, C-M, to Planned Development Zone, P-D(615), for property located at 1601 and 1625 McHenry Avenue (City initiated).
 Motion introducing and waiving the first reading of an Ordinance amending the Zoning Map to rezone property located at 1707 McHenry Ave from Commercial-Industrial Zone to General Commercial Zone.
 Resolution finding that the rezones from C-M and R-1 to P-D(615) for property located at 1601 McHenry Avenue, 1625 McHenry Avenue, and the property to the rear of 1625 McHenry Avenue, and from C-M to C-2 for the property located at 1707 McHenry Avenue, are within the scope of the Modesto Urban Area General Plan Master Environmental Impact Report (SCH NO. 2014042081).

CED; Katharine Martin, 209-577-5267, [email protected] Published in the Modesto Bee on July 3, 2022

19. Hearing to consider awarding Non-Exclusive, Non-Consensual Franchise Towing Services Agreements to 12 applicants pursuant to the Modesto Municipal Code. (Funding Source: General Fund, 1610 – MPD Traffic Offender Fund) Staff Recommendation:
 Resolution awarding Non-Exclusive, Non-Consensual Franchise Towing Service Agreements to twelve towing companies pursuant to Modesto Municipal Code Section 11-2, and authorizing the City Manager, or his designee, to execute the Agreements.

POLICE DEPARTMENT; Aaron Tait, 209-572-9500, [email protected] Published in the Modesto Bee on July 13, 2022

20. Hearing to consider the application and issuance of a permit to operate as a nonemergency medical transport company to MacIntosh Transport LLC in the City of Modesto. (Funding Source: General Fund)
Staff Recommendation:
 Resolution accepting the application of MacIntosh Transport LLC issuing this entity a permit to operate as a non-emergency medical transport company in the City of Modesto.

POLICE DEPARTMENT; Brandon Gillespie, 209-572-9500,
[email protected]

MATTERS TOO LATE FOR THE AGENDA
These may be presented by members of the City Council and staff upon determination by a majority vote that an emergency exists, as defined by State law, or by a 2/3 vote that (1) there - 9 -
8/9/2022
- 10 -
8/9/2022 5:30:00 PM
is a need to take immediate action, and (2) that the need for action came to the City’s attention after the agenda was posted.

ADJOURNMENT

CLOSED SESSION
Please take notice that a special Closed Session meeting of the Council of the City of Modesto has been called pursuant to Section 2-1.02 of the Modesto Municipal Code to be convened on
TUESDAY, AUGUST 9, 2022 at 4:00 PM
and after the regularly scheduled meeting in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California.

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

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

CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
(Pursuant to Section 54956.8 of the Government Code)
Property & Property Owners:

APN Address Owner Name
007-024-003, 3643 Maze Bl., Modesto Nita M. Wagner, as Trustee of the 007-024-004 & Nita M. Wagner Living Trust;
007-037-010 Jane M. Roos & Ralph E. Roos;
John Schallberger & Marie
Schallberger, Trustees, of the
Revocable Trust Dated November
3, 1992; Hans J. Wagner & Carla
Wagner; Donald Wagner; Julia A.

Wagner, as Trustee of the Julia A.
- 10 -
8/9/2022
- 11 -
8/9/2022 5:30:00 PM
Wagner 1992 Trust, as their
interests appear of record;
Hans J. Wagner, III, Trustee of the
Hans J. Wagner III 2015 Trust

Negotiating Parties:

City Negotiators: James Staudinger, CPSI
Property Owners
Under Negotiation: Price and Terms

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Two Cases (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Manuel Ramirez v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ1697422, ADJ11027135, ADJ11299237
Greg Ewert v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ7834384, ADJ12420861, ADJ12658697, ADJ12451095
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Two Cases (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Martinez v. City of Modesto
Case No. 19-006820
Chipponeri v. City of Modesto
Case No. 2028661
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature
- 11 -
8/9/2022

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

August 9, 2022
Date: July 18, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community and Economic Development SUBJECT: Appointment of Omar Silva to the Housing Rehabilitation Loan Committee (HRLC) as the Citizen’s Housing and Community Development Committee (CH&CDC) representative
CONTACT: Jessica Hill, Community Development Manager
[email protected], (209) 577-5321
DESCRIPTION:

Consider approving the appointment of Omar Silva to the Housing Rehabilitation Loan Committee with a term expiration of January 1, 2024. (Funding Source: Not Applicable) STRATEGIC PLAN ELEMENT:

This action supports the City Council’s 2020-2025 Strategic Plan Goal I, Promote Trust and Engagement between the Community and the City”.

BACKGROUND:

The Housing Rehabilitation Loan Committee (HRLC) is responsible for reviewing and approving housing rehabilitation loans and homebuyers' assistance loans and for reviewing policy and procedures for both programs. Seven (7) members are appointed by the City Council for a 4- year term, with one alternate member from the Citizen’s Housing and Community Development Committee (CH&CDC).

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

DISCUSSION:

The CH&CDC met on March 11, 2021 and recommended the appointment of Omar Silva as its representative to the HRLC. Mr. Silva is qualified and willing to be appointed as the CH&CDC representative to the HRLC with a term expiring on January 1, 2024. Between 2021 and 2022 HRLC has met seven (7) times and of those Omar Silva has attended three (3) times.

FISCAL IMPACT:

There is no fiscal impact related to this action.
#4..
- 12 -
City Council, August 09, 2022
Appointment of Omar Silva to the Housing Rehabilitation Loan Committee (HRLC) as the Citizen’s Housing and Community Development Committee (CH&CDC) representative

COMMITTEE RECOMMENDATION:

This item was presented to the Appointments Committee on June 30, 2022.

RECOMMENDED COUNCIL ACTION:

Resolution approving the appointment of Omar Silva to the Housing Rehabilitation Loan Committee (HRLC) as the Citizen’s Housing and Community Development Committee (CH&CDC) representative with a term expiration of January 1, 2024.

Approved by:

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

1. Resolution

2. Minutes from March 11, 2021 CH&CDC Meeting

3. Citizen’s Housing & Community Development Committee Bylaws #4..
- 13 -
08/09/22/CEDD/JHill 1 2022-XXX

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XXX

RESOLUTION APPROVING THE APPOINTMENT OF OMAR SILVA AS THE CITIZEN’S HOUSING AND COMMUNITY DEVELOPMENT (CH&CDC)

REPRESENTATIVE TO THE HOUSING REHABILITATION LOAN
COMMITTEE (HRLC) WITH A TERM EXPIRATION OF JANUARY 1, 2024 WHEREAS, Section 1102 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards and Commissions; and WHEREAS, the Citizen’s Housing and Community Development Committee (CH&CDC) appoints an individual from their membership to serve as the CH&CDC representative to the Housing Rehabilitation Loan Committee (HRLC); and WHEREAS, on March 11, 2021, the CH&CDC recommended Omar Silva as its representative to the Housing Rehabilitation Loan Committee; and WHEREAS, Mr. Silva is qualified and willing to be appointed as the CH&CDC representative to the HRLC until his term expires on January 1, 2024.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Modesto that Omar Silva is hereby appointed as the CH&CDC representative to the Housing Rehabilitation Loan Committee, with a term expiration of January 1, 2024.

BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to transmit a copy of this resolution to the appointed member of the Housing Rehabilitation Loan Committee, and the Secretary thereof.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 9th of August 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 vote:
#4..
- 14 -
08/09/22/CEDD/JHill 2 2022-XXX
AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ATTEST:

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

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
#4..
- 15 -

CH&CDC Minutes – March 11, 2021

MEETING MINUTES

CITY OF MODESTO
CITIZENS’ HOUSING & COMMUNITY DEVELOPMENT COMMITTEE
1010 10th Street, Modesto, CA 95354 Suite 2005
Modesto, California
Thursday, March 11, 2021 at 12:00 p.m.

The Zoom meeting was called to order by Chairperson Councilmember Kenoyer at 12:09 p.m.

ROLL CALL
Members Present: Chairperson Councilmember Kenoyer, Councilmember Ricci, Sonja Hurst, Julie Scherer, Carmen Morad, and Omar Silva
Members Absent: Kyle Fliflet, Douglas Parman, Dewey Bedford Staff Present: Jessica Narayan, Juan Gonzalez, Heather Jones and Laura Akin
Public Attendance: None

DECLARATION OF CONFLICT OF INTEREST

PUBLIC COMMENT PERIOD
CONSENT ITEMS – UNLESS WITHDRAWN FROM CONSENT, ITEMS ARE APPROVED AT ONE TIME.

1. Consider approving minutes for the February 11, 2021 meeting.

ACTION: Motion (Morad/Kenoyer 5/0) approving minutes for the February 11, 2021 meeting.
#4..
- 16 -

CH&CDC Minutes – March 11, 2021

NEW BUSINESS

2. Consider approving a Community Development Block Grant CARES Act (CDBG-CV3) grant to Stanislaus County Affordable Housing Corporation (STANCO), in an amount not to exceed $450,000 and $25,000 in activity delivery costs for the acquisition of the property located at 835 California Avenue, Modesto CA for the development of Permanent Supportive Housing, to prevent, mitigate, and respond to the spread of COVID-19.

ACTION: Motion (Ricci/Kenoyer; 6-0) awarding $450,000 in Community Development Block Grant CARES Act (CDBG-CV3) grant to Stanislaus County Affordable Housing Corporation (STANCO), and $25,000 in activity delivery costs for the acquisition of the property located at 835 California Avenue, Modesto CA for the development of Permanent Supportive Housing, authorizing the City Manager or his designee to execute the agreement, and forwarding to Council for approval.

3. Nomination and Election of the CH&CDC Representative to the Housing Rehabilitation Loan Committee (HRLC)
ACTION: Motion (Morad/Scherer; 6-0) Chairperson Kenoyer requested volunteers, Committee Member Silva volunteered to act as the CH&CDC Representative to the Housing Rehabilitation Loan Committee.

4. Presentation on CDBG/ESG Public Service Notice of Funding Availability and seek representatives to serve on the Application Evaluation and Scoring Sub-Committee.

ACTION: Motion (Ricci/Hurst; 6/0) Chairperson Kenoyer asked for at least three CH&CDC members to volunteer; Chairperson Kenoyer, Julie Scherer, Omar Silva and Sonja Hurst volunteered.

COMMITTEE COMMENTS & REPORTS
Council Member Kenoyer opened up the meeting to comments from Committee Members.

Committee Member Scherer provided comments about having a tiered HRP income limits and to change criteria; suggested we look at the model used in Des Moines, Iowa program.

Committee Member Silva would like the City to consider that the level of ADA support for accessibility not be based on income levels.

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

ADJOURNMENT
There being no further business, the meeting was adjourned at 12:53 p.m. by Chairperson Councilmember Kenoyer.
#4..
- 17 -

CH&CDC Minutes – March 11, 2021
Respectfully submitted and approved by,
Jessica Narayan, Community Development Manager
Community and Economic Development Department
#4..
- 18 -

CITIZENS' HOUSING & COMMUNITY DEVELOPMENT COMMITTEE
BYLAWS
(Amended: November 24, 2015, Resolution No. 2015-457)
Article I. Definitions
Section 1.01 There is a Committee created to be known and designed as the Citizens’ Housing and Community Development Committee.

Section 1.02 As used in these Bylaws, unless a different meaning clearly appears from the context:
(a) “Member” shall mean a member of the Citizen’s Housing & Community Development Committee.
(b) “Citizens’ Housing & Community Development Committee” and “Committee” shall mean the Citizens’ Housing & Community Development Committee.

Article II. Objectives
Section 2.01 The Committee shall be responsible for providing overall review of the City of Modesto’s (City) housing programs and making policy and funding recommendations regarding the City’s housing and Community Development Block Grant (CDBG) and Emergency Solution Grant (ESG) funded programs to the City Council.

Article III. Membership
Section 3.01 The Citizens’ Housing & Community Development Committee shall consist of eleven (11) qualified persons comprised of the following:

Seat Designation Term
Councilmember (appointed by the Mayor) 4 years
Councilmember (appointed by the Mayor) 4 years
Housing Rehabilitation Loan Committee Representative 4 years City Planning Commission Representative 4 years
Human Relations Committee Representative 4 years
Citizen-at-Large 4 years
Exhibit "A"
#4..
- 19 -

Citizen-at-Large 4 years
Citizen-at-Large 4 years
Citizen-at-Large 4 years
Citizen-at-Large 4 years
Citizen-at-Large 4 years
#4..
- 20 -

Section 3.02 The Members of the Committee shall reside within the City limits of the City at the time of appointment and must maintain residence within the City at all times during their service on the Committee.

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

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

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

Section 3.06 One Member of the Committee shall be appointed as an alternate to the Housing Rehabilitation Loan Committee by the Committee Chairperson.

Section 3.07 All Members must complete a Statement of Economic Interest (Form 700) by April 1 of each year and when assuming or leaving Committee membership.

Article IV. Terms of Office
Section 4.01 Members may serve no more than two (2) terms.

Section 4.02 Full terms are four (4) years in duration.

Section 4.03 A partial term of two (2) or more years shall be considered a full term for purposes of Section 4.01.

Section 4.04 Full term appointments begin on January 1 and expire on December 31 four (4) years subsequent.

Section 4.05 Members may be reappointed after their initial term. Members serving two (2) consecutive terms may be reappointed after a break in service of twelve (12) months.
#4..
- 21 -

Section 4.06 Members not eligible for reappointment may continue to serve until their successors are appointed. No member shall serve more than eight (8) consecutive years, with the exception of those who are serving until their successors are appointed.

Section 4.07 The Members of the Committee shall receive no compensation for the performance of their official duties.

Section 4.08 Appointments to fill vacancies on the Committee shall be handled in the same manner as original appointments. When a vacancy occurs during a term, the appointment to full such vacancy shall be for the unexpired portion of the term.

Section 4.09 Members of the Committee may be removed by a majority vote of the City Council after a recommendation by the Committee Chairperson for the following reasons:
(a) Misconduct, inefficiency, or willful neglect in the performance of their duties providing the member is first provided in writing the reasons for such removal and gives the member the opportunity to be heard before the City Council in their own defense. (b) Refusal to resign from the Committee when no longer a resident of the City or when a conflict of interest exists.

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

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

Section 5.03 Timely attendance at meetings is expected and necessary to carry out the mission of the Committee. Three (3) or more consecutive unexcused absences are grounds for removal of a Member from the Committee by the City Council. #4..
- 22 -

Article VI. Officers and Their Duties
Section 6.01 Officers shall consist of a Chairperson, as appointed by the Mayor, and a Vice-chairperson, elected by a majority vote of the members of the Committee. Officers shall serve a four-year term.

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

Section 6.03 The Chairperson shall preside at all meetings, shall appoint all ad-hoc committees, and shall ensure that the bylaws, rules and regulations as adopted by the Committee are properly enforced
Section 6.04 The Vice-chairperson shall assist the Chairperson in his/her duties and in the absence of the Chairperson shall perform all duties usually performed by the Chairperson.

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

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

Section 7.02 Notices of all meetings, including agendas, shall be given to all Members of the Committee, to the City Clerk, to the City Manager, and to all others as provided by law. All such notices shall be furnished to the Committee in writing at least seventy-two (72) hours prior to the time of such meeting.

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

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

Section 7.05 A quorum is necessary for the Committee to transact any business. A quorum shall be defined as a simple majority of active Committee members which is one-half of the active members plus one.
#4..
- 23 -

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

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

Section 8.02 The order of proceedings of all meetings shall be as follows, subject to majority vote of the members present:
(a) Roll Call
(b) Declaration of Conflict of Interest
(c) Public Comment Period
(d) Consent Items
(e) Old Business
(f) New Business
(g) Committee Comments & Reports
(h) Matters Too Late For the Agenda
(i) Adjournment
Section 8.03 Members of the public shall not speak unless recognized by the Chairperson and shall state their names before making any statement, which shall become a part of the public record. The Chairperson may remove any person who refuses to follow these rules or the decision of the Chairperson.

Article IX. Amendments
Section 9.01 The Bylaws and any future amendments shall be subject to the final approval of the City Council and shall not and are not intended to go beyond any of the powers and duties given to the Committee by the City Council. #4..
- 24 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

August 9, 2022
Date: July 14, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community and Economic Development SUBJECT: Reappointment of Mary Ramirez to the Housing Rehabilitation Loan Committee CONTACT: Jessica Hill, Community Development Manager
[email protected], 209-577-5321
DESCRIPTION:

Consider reappointing Mary Ramirez to the Housing Rehabilitation Loan Committee, with a term expiration of December 31, 2025. (Funding Source: Not Applicable) STRATEGIC PLAN ELEMENT:

This action supports the City Council’s 2020-2025 Strategic Plan, Goal I Promote Trust and Engagement between the Community and the City.

BACKGROUND:

The Modesto Housing Rehabilitation Loan Committee (HRLC) is responsible for reviewing and approving Housing Rehabilitation Loans and Homebuyers' Assistance Loans and for reviewing policy and procedures for both programs. Seven (7) members are appointed by the City Council for a 4-year term, with one alternate member from the Citizens Housing and Community Development Committee (CH&CDC).

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

DISCUSSION:

The HRLC requires a member from the Stanislaus Regional Housing Authority to reside on the committee. On June 24, 2014, by City Council Resolution No. 2014-240, Mary Ramirez was appointed to the HRLC with a term ending of June 10, 2018. On August 8, 2018, by City Council Resolution No. 2018-319, Mary was appointed to her second term with an ending date of December 31, 2021. Since this time, Mary Ramirez has been the appointed Stanislaus Regional Housing Authority’s representative (formerly the Housing Authority of Stanislaus County) to the HRLC since her first term began on June 24, 2014. Between 2021 and 2022, #5..
- 25 -
City Council, August 09, 2022
Reappoint Mary Ramirez to the Housing Rehabilitation Loan Committee

meetings were held, of which, Mary has been present for four (4) of those meetings. The HRLC’s bylaws, which were adopted by the City Council by Resolution No 2016-424, prohibits individuals from serving more than two consecutive terms. However, this limitation is not intended to apply to Housing Authority’s representative.

FISCAL IMPACT:

There is no fiscal impact related to this action.

COMMITTEE RECOMMENDATION:

This item was presented to the Appointments Committee on June 30,2022.

RECOMMENDED COUNCIL ACTION:

Resolution reappointing Mary Ramirez to the City of Modesto Housing Rehabilitation Loan Committee, with a term expiration of December 31, 2025.

Approved by:

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

1. Resolution

2. Resolution 2014-240

3. Resolution 2018-319

4. Email from Jim Kruse

5. HRLC Bylaws
#5..
- 26 -
08/09/2022 JHILL 1 2022-

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-

RESOLUTION REAPPOINTING MARY RAMIREZ TO THE CITY OF

MODESTO HOUSING REHABILITATION LOAN COMMITTEE WITH A
TERM EXPIRATION OF DECEMBER 31, 2025
WHEREAS, Section 1102 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards and Commissions, and WHEREAS, on June 24, 2014, by City Council Resolution No. 2014-240, Mary Ramirez was appointed to the Housing Rehabilitation Loan Committee with a term ending of June 10, 2018, and
WHEREAS, on August 8, 2018, by City Council Resolution No. 2018-319, Mary was appointed to her second term with an ending date of December 31, 2021, and WHEREAS, Mary Ramirez has been the appointed Stanislaus Regional Housing Authority’s Representative (formerly the Housing Authority of Stanislaus County) to the Housing Rehabilitation Loan Committee since her first term began on June 24, 2014, and WHEREAS, the HRLC’s Bylaws, which were adopted by the City Council by Resolution No 2016-424, prohibit individuals from serving more than two consecutive terms. However, this limitation is not intended to apply Housing Authority’s representative.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Modesto that Mary Ramirez is hereby appointed as the Stanislaus Regional Housing Authority’s representative to the Housing Rehabilitation Loan Committee, with a term expiration of December 31, 2025.
#5..
- 27 -
08/09/2022 JHILL 2 2022-
BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to transmit a copy of this resolution to the appointed member of the Housing Rehabilitation Loan Committee, and the Secretary thereof.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 9th of August, 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 vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
#5..
- 28 -
#5..
- 29 -
#5..
- 30 -
#5..
- 31 -
#5..
- 32 -
1 Erica Hunt
From: Jim Kruse <[email protected]>
Sent: Wednesday, May 4, 2022 3:32 PM
To: Trena Ochoa; Mary Ramirez
Cc: Erica Hunt; Leslie Danhoff; Jessica Hill; Edgar Garcia; Cynthia Formosa Subject: RE: HRLC appointment
Dear Ms. Ochoa:

This email is written to inform the City of Modesto Community Development Division that Mary Ramirez has been appointed to serve as Stanislaus Regional Housing Authority’s representative for the City of Modesto’s Rehabilitation and Loan Committee. Should any questions arise, please contact Teresa Kinney at [email protected] or at 209-557-2069.

Sincerely,
Jim Kruse
Executive Director
Stanislaus Regional Housing Authority
1701 Robertson Rd. Modesto CA 95350
(209) 557-2002
Serving Alpine, Amador, Calaveras, Inyo, Mariposa, Mono, Stanislaus and Tuolumne Counties ************************************************************************************* CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential, private and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. Further, if the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited.

From: Trena Ochoa <[email protected]>
Sent: Wednesday, May 4, 2022 1:03 PM
To: Mary Ramirez <[email protected]>; Jim Kruse <[email protected]> Cc: Erica Hunt <[email protected]>; Leslie Danhoff <[email protected]>; Jessica Hill <[email protected]>; Edgar Garcia <[email protected]>; Cynthia Formosa <[email protected]> Subject: RE: HRLC appointment
Hi Jim,
Is there any way we may obtain from you an email stating Mary Ramirez is the Housing Authority’s representative for our Housing Rehabilitation Loan Committee?
I appreciate your assistance.

Thank you,
#5..
- 33 -
HRLC Bylaws Page 1 of 5 Amended: 10-25-2016
Resolution No. 2016-424
Housing Rehabilitation Loan Committee
BYLAWS
Article I. Definitions
Section 1.01 There is a Committee created to be known and designated as the Housing Rehabilitation Loan Committee.

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

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

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

Seat Designation Term
Councilmember (appointed by the Mayor)
Financial Institution - Representative
Service Provider - Representative
General Contractor (active or retired)
Housing Authority of Stanislaus County – Representative Citizen-at-Large
Citizen-at-Large
Citizens’ Housing and Community Development Committee – Representative (Alternate)
4 years
4 years
4 years
4 years
4 years
4 years
4 years
#5..
- 34 -
HRLC Bylaws Page 2 of 5 Amended: 10-25-2016
Resolution No. 2016-424
Section 3.02 The Members of the Committee shall reside within the City limits of the City at the time of appointment and must maintain residence within the City at all times during their service on the Committee with the exception of the appointed representative of the Housing Authority of Stanislaus County.

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

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

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

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

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

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

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

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

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

Section 4.06 The Members of the Committee shall receive no compensation for the performance of their official duties.
#5..
- 35 -
HRLC Bylaws Page 3 of 5 Amended: 10-25-2016
Resolution No. 2016-424
Section 4.07 Appointments to fill vacancies on the Committee shall be handled in the same manner as original appointments. When a vacancy occurs during a term, the appointment to fill such vacancy shall be for the unexpired portion of the term.

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

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

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

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

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

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

Section 6.03 The Chair shall preside at all meetings, shall appoint all ad-hoc committees, and shall ensure that the bylaws, rules and regulations as adopted by the Committee are properly enforced.
#5..
- 36 -
HRLC Bylaws Page 4 of 5 Amended: 10-25-2016
Resolution No. 2016-424
Section 6.04 The Vice-chair shall assist the Chair in his/her duties and in the absence of the Chair shall perform all duties usually performed by the Chair.

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

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

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

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

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

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

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

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

Section 8.02 The order of proceedings of all meetings shall be as follows, subject to majority vote of the members present:
(a) Roll Call
(b) Declaration of Conflict of Interest
#5..
- 37 -
HRLC Bylaws Page 5 of 5 Amended: 10-25-2016
Resolution No. 2016-424
(c) Public Comment Period
(d) Consent Items
(e) Old Business
(f) New Business
(g) Committee Comments & Reports
(h) Matters Too Late for the Agenda
(i) Adjournment
Section 8.03 Members of the public shall not speak unless recognized by the Chairperson and shall state their names before making any statement, which shall become a part of the public record. The Chairperson may remove any person who refuses to follow these rules or the decision of the Chairperson.

Article IX. Amendments
Section 9.01 The Bylaws and any future amendments shall be subject to the final approval of the City Council and shall not and are not intended to go beyond any of the powers and duties given to the Committee by the City Council. #5..
- 38 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

August 9, 2022
Date: July 11, 2022
TO: Mayor and City Council
THROUGH: Joseph Lopez, City Manager
FROM: Christina Alger, Director of Human Resources
SUBJECT: Equity Commission Appointments
CONTACT: Christina Alger, Director of Human Resources
[email protected], 209-571-5126
DESCRIPTION:

Consider recommending appointments to fill six vacancies on the Equity Commission for a fouryear term. (Funding Source: Not Applicable) STRATEGIC PLAN ELEMENT:

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

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

BACKGROUND:

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

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

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

Under the program are multiple plans that address various aspects of DEI to include the Equal #6..
- 39 -
City Council, August 9, 2022
Equity Commission Appointments

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

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

DISCUSSION:

The newly formed Equity Commission has eleven vacant seats to fill. City staff began advertising these seats on our various social media platforms on April 14, 2022 to gain applications. A total of nine applications were received to date.

Staff recommended considering these applications to fill a possible six seats. The Appointments Committee reviewed and discussed the applications and chose six applications to move forward to Council. Advertising will continue to fill the remaining seats of this commission.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

COMMITTEE RECOMMENDATION:

This was taken to the Appointments Committee on June 30, 2022 and six applications were recommended to move forward to Council.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the appointments of Stacey Sottero, Lisa Battista, Maya Ramirez, Gabriella Fierro, A’Kia Walker, and Mayra Martinez to the Equity Commission with a term expiration of August 1, 2026.

Approved by:

Christina Alger, Human Resources Director
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Candidate Summary

3. Applications
#6..
- 40 -

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-?

RESOLUTION APPROVING THE APPOINTMENTS OF STACEY SOTTERO, LISA BATTISTA, MAYA RAMIREZ, GABRIELLA FIERRO, A’KIA WALKER,

AND MAYRA MARTINEZ TO THE EQUITY COMMISSION WITH A TERM EXPIRATION OF AUGUST 1, 2026
WHEREAS, the Affirmative Action Commission of the City of Modesto was established pursuant to the provisions of the Affirmative Action Program established by Modesto City Council Resolution No. 87-237 on April 7, 1987; and WHEREAS, with the passage of Proposition 209, the City reviewed its employment policies, affirmative action policies and other relevant policies and procedures and amended them as necessary to comply with Proposition 209; and WHEREAS, as part of the compliance effort, the Commission retitled from the Affirmative Action Commission to Equal Opportunity and Disability Commission by Resolution No. 98-134; and
WHEREAS, with the creation of the Diversity, Equity, and Inclusion Program which includes Equal Opportunity and Disability accessibility; and WHEREAS, City staff retitled and repurposed the Equal Opportunity/Disability Commission to the Equity Commission and amended Article II Duties by Resolution No. 2022-054; and
WHEREAS, the Equity Commission is established to advise on matters of diversity, equity, and inclusion; and
WHERAS, the Appointments Committee met on June 30, 2022, and recommended the appointments of Stacey Sottero, Lisa Battista, Maya Ramirez, Gabriella Fierro, A’kia Walker, and Mayra Martinez to the Equity Commission. #6..
- 41 -
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the appointments of Stacey Sottero, Lisa Battista, Maya Ramirez, Gabriella Fierro, A’kia Walker, and Mayra Martinez as commission members to the Equity Commission for a four-year term, with an expiration date of August 1, 2026.

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

The foregoing resolution was adopted at a regular meeting of the Council of the City of Modesto held on the 9th day of August 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 vote:

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

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

By: ___________________________________
JOSE M. SANCHEZ, City Attorney
#6..
- 42 -
Candidate Stacy Sottero Lisa Battista Maya Ramirez Gabriella Fierro District District 4 District 3 Not in a District Not in a District Registered
Voter
City/County City/County County County
Occupation Emergency Services
Manager EMT-Basic
attorney Student/Care Staff Business owner, real estate industry Education Associates Computer
Business Admin
B.S., Economics (University of
San Francisco); J.D. (University
of California at Hastings)
CSU Sacramento: BA
Government/Political Science
CSU Stanislaus: MSW, Masters of
Social Work. To be earned May 2023
N/A
Relevant
experience
EMT-B, CPR, AED. 15
Year in EMS
I have a background in
employment law and am familiar
with the FEHA, the ADA, and the
other anti-discrimination laws
mentioned above.

BA Government and Political Science,
CSU Sacramento
Masters of Social Work, CSU
Stanislaus
Founder of Basic Needs Group, CSU
Sacramento
Civic Action Fellow with AmeriCorps
through CSU Stanislaus
Diversity classes, fair housing training,
rental housing experience, disability
experience
Community
Involvement
Police Officer Memorial
Run participant and
sponsor
I do pro bono legal work as much
as I can, representing low-income
residents in and around Modesto.

I am an active member of College
Avenue United Church of Christ,
and coordinate various social
justice efforts for our church
including our monthly Love Your
Neighbor vigil. I am the rehearsal
pianist for the Modesto Symphony
Chorus and active in other music
projects in our community. Much
of my community involvement is
through the Stanislaus County
Democratic Central Committee,
but I can't see how that would
bias or otherwise impact my work
on this commission. Thank you.

As part of my job, I engage in regulate
community outreach and advocacy.

During my undergraduate years I
served as an advisor for the
Protecting Health and Slamming
Tobacco program with the Stanislaus
County Office of Education. I engaged
with high schoolers educating them
on the negative effects of tobacco and
drug use, and trained them on how to
lobby with lawmakers to help improve
their communities. I worked part time
for the Boys and Girls Club of
Stanislaus County as a Youth
Development Professional where I
worked with youth ages 5-17. I
provided tutoring services,
coordinated activities related to arts,
science, and physical education. I
CAA fair housing committee member.
#6..
- 43 -
also provided supervision and
schoolwork help for students who
engaged in distanced learning due to
the COVID19 pandemic. At
Sacramento State, I continued my
passion of advocacy and service. I
co-founded an organization on
campus that aimed to help meet the
basic needs of students and connect
students to resources on campus, as
many students faced housing and
food insecurity. Currently, I work with
foster youth in our community and
foster youth all throughout the state. I
work with foster youth who have
experienced extreme abuse and
neglect, and I assist them in
therapeutic treatment to heal from
their traumatic experiences. From the
ages of 14-18, I volunteered at the
Modesto library, reading to children,
putting on arts and crafts activities
and programs for youth and families. I
am currently also a Civic Action
Fellow with CSU Stanislaus and
AmeriCorps. I work with high
schoolers on setting them up for
success, helping with college
applications, and I work with high
schoolers who are at risk, from lowincome backgrounds, who need academic and social/emotional help,
to help ensure they meet graduation
requirements.

Why are you
interested?
Interested in giving input
to from personal and
professional
experiences.

I care a great deal about issues
surrounding equity and inclusion
and about good government. I
As an aspiring social worker who will
one day work tirelessly to advocate
for the needy, for change, and equity,
this position highly interests me.

Proud to be a Modesto resident and
encouraged by the formation of this
commission and the impact it could
have in molding the changing culture
#6..
- 44 -
was a member of the Equal
Opportunity / Disability
Commission for a couple of years
and tried every month to get the
group to meet, but there was
always some issue preventing a
meeting. I would like to bring my
legal experience to bear in
serving on this commission.

Thank you.

Modesto’s Diversity, Equity, and
Inclusion (DEI) program’s mission
aligns with my personal and
professional values and missions. I
am eager to assist in a program that
aims to foster and maintain a culture
of diversity, equity, and inclusivity
within the City of Modesto workforce
and within the services we provide to
the community.
of Modesto in a way that reflects,
celebrates and values its changing
demographic. I saw this opportunity
and would be honored to contribute.

What do you
bring?
I have served as an
EMT for the last 15
years in Modesto. This
time was spent primarily
conducting nonemergency inter-facility
transports. I also have
experience in the 911
system for the City of
Hughson. My Husband
of 20 year has Muscular
Dystrophy
Experience as an employment
attorney, knowledge of
employment law, knowledge of
the needs of our local community,
good listening skills, and a desire
to contribute to making our
community better
In terms of qualities, I am able to
effectively multitask in a range of
environments while quickly adapting
to change. I am able to work
independently and collaboratively with
others. I possess strong and effective
conceptualization and communication
skill both written and verbal.

Regarding experience, I have worked
well with youth of all ages,
socioeconomic backgrounds,
ethnicities and more. My social work
graduate level education, experience
working with emotionally traumatized
foster youth, and trainings from MJC
have equipped me with empathy,
patience, and trauma-informed
perspectives, which helps when
working with a range of individuals in
the community. My MSW program
also emphasizes in my education the
importance of advocacy, fighting and
pushing for social justice and pushes
for the respect and dignity of all
people regardless of histories and
backgrounds. To be a social worker is
to be a listener. It’s what I do wellI bring a passion for racial equity, and disability representation and advocacy
as the result of my life having been
directly impacted by both. My
experience in several diverse cities,
then transplanted to Modesto has
offered the opportunity to reflect on the
unique culture of each community. I
have represented the issues of equity
and inclusion on committee previously
and train and advocate on fair housing
issues in the course of my work daily.
#6..
- 45 -
listen. And listeners who possess
empathy and care bring a plethora of
understanding, and holistic
perspectives to working with people
and incorporating values of equity and
inclusion. I push for equity every day,
in my job with foster youth, in my work
as a Civic Action Fellow with at-risk
high schoolers who might not have
the same access to resources that
other students may have. I also push
for community development as an
MSW intern with Sierra Vista Child
and Family Services, bridging the gap
between community members who
need services and the services we
provide. In my education, I provide
leadership and I showcase that
leadership by currently being a
candidate for the Director of Graduate
students, continuing my work of
helping meet the needs of graduate
students.
#6..
- 46 -
Candidate A’Kia Walker Mayra Martinez
District Not in a District District 4
Registered
Voter
County City/County
Occupation N/A Behavioral Health Education
Education Bachelors of Science, Molecular & Microbial
Biology - Class of 2020
Bachelor of Arts in Psychology, graduated as CumLaude. Associates of Arts in Behavioral & Social Sciences. Associates of Science in Electronics & Computer Technology. Certificate of Completion for the Latino Leadership Initiative.

Relevant
experience
N/A My education included history courses on minority populations in the United States, including Mexican-Americans’ experience, women’s rights, and treatment of indigenous people. During my collegiate career, I was a part of an organization called Teatro, Los Hijos Del Campo (LHDC) which worked diligently to simultaneously raise scholarship funds for and awareness of the lives of undocumented students and their families. I also hold a certificate of graduation for completing the Latino Leadership Initiative which was recognized by California State Senator Anna M. Caballero.

I believe it is important for government leaders to take all community members into account when creating and providing services and programs. My upbringing as a child of naturalized U.S. Citizen parents, who were of low-income socioeconomic status, and did not complete high school is the catalyst for my personal growth in which I developed a deep-rooted respect for all kinds of people. My passion to support a diverse range of populations began from my own lived experiences and observations. I, also, have lived experience and first-hand knowledge of the unique requirements and constraints of individuals with special needs and learning disabilities and what families navigate to receive services. Equitability and inclusion is a daunting struggle to achieve for populations with disabilities, both visible and invisible. Given my professional and lived experience, I continue to build awareness and sensitivity of diverse communities.

In my current position, I provide social, emotional, and mental health services on a oneon-one basis and through group facilitation at elementary schools within Modesto City Schools. I work for a non-profit organization and in my capacity as a Student Assistance Specialist I ensure mental health services are applied to and made available for all students regardless of race, color, creed, sexual orientation, educational understanding, abilities, or primary language spoken. I am active within the communities of the schools I serve; my involvement includes attending neighborhood “charlas” (talks/meetings) with government officials and participating in collaborative meetings uplifting known needs for under-served families to ensure equitable and inclusive action. #6..
- 47 -
Community
Involvement
I am currently a member of the Latino Leadership
Initiative cohort, a program offered by their
nonprofit organization, City Ministry Network. I
also work in the nonprofit sector as the Executive
Director of the newly founded organization,
Stanislaus County Youth Empowerment Program.

I am an avid volunteer within Stanislaus County. Recently, I volunteered on the Stanislaus County Youth Empowerment Alliance (YEA) project committee for their first Youth Convening event to build a youth-driven vision for equity and inclusion. I volunteered nine years with the MJC Hispanic Education Conference, and served on the planning committee for five years as the Volunteers Coordinator.

I am a part of the NextGen on Board program through the Stanislaus Community Foundation. I am a part of the inaugural cohort of 16 young leaders building our leadership capacity by joining our local nonprofits’ board of directors to strengthen and steward anchor institutions.

My community activities also include ministry work at various churches including both Catholic and Protestant denominations. My involvement consists of giving talks to parents and youth, providing referrals to community resources, delivering systems support, and providing logistical and event planning to ensure inclusion and support of diverse population of individuals.

Why are you
interested?
Prioritizing equity among all sectors of the
community is a major part of my organization's
mission. I am interested in aligning with the efforts
being implemented by the city to create more
equitable spaces, which may impact the services
and experiences offered not only to the population
my organization serves, but the community at
large.

I am interested in directly advising on affairs regarding equity and inclusion because of my lived experiences and of my observations when helping families navigate systems. It is important to me to provide a viewpoint which delivers insight on areas of need for equitable opportunity and disability related issues. I believe the workforce and services provided to the community can be strengthened and together we can find solutions to challenges experienced by the community.

What do you
bring?
Along with my new experiences working in the
nonprofit sector, I also had the pleasure to serve
on my university's student government board of
directors. As a first-generation college graduate,
and woman of color, spaces centered on
governance were uncharted environments prior to
my undergraduate career. I soon realized that the
disconnect between governance and minority
populations only further perpetuates the lack of
true diversity, equity, and inclusion within our
communities. Increasing the representation of
voices from minority communities is a direct way
to bring anecdotal information regarding the
impacts of inequalities, which is important
My passion and experiences align with the Commission’s effort and vision for equitable treatment and access to city programs and services. Through ministry work, I have deepened collaborative relationships with community residents in areas such as Airport Neighborhood, West Modesto, and South Modesto.

In addition to deep community connections, I understand how important it is to bring Diversity, Equitability, Inclusion to the table to uplift and meet needs of under-served populations. Currently, I am strengthening my board expertise sitting on the board of Stanislaus Community Foundation. I work with board colleagues to advise and steward the organization in meeting its mission to serve our communities.

Lastly, I am an action-oriented advocate and a servant leader known for being #6..
- 48 -
qualitative measure to complement facts and
research
empathetic to the needs of others. My lived experiences as a low-income, Latinx, third culture, first-generation college student and citizen (amongst other lenses) ensures I will bring a wealth of awareness and understanding to the Equity Commission. I would apply my knowledge and passion to help achieve successful admittance to resources and services for all communities. Considering my solid foundation of experience in combination with my analytical, hard-working character, and strong organizational skills I am confident I am a great fit for the needs of this new commission. #6..
- 49 -
1 Christina Alger
From: [email protected]
Sent: Tuesday, March 22, 2022 1:38 PM
To: Kathy Espinoza; Kelly Rice-Ortiz
Subject: Online Form Submission #30886 for Boards, Commissions & Committees Application Boards, Commissions & Committees Application
Title II Compliance
In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website.

Apply To: Equity Commission
First Name Stacy
Last Name Sottero
Address 3108 GIBSON WAY
City MODESTO
State CA
Zip Code 95354
Home Phone 2099927146
Work Phone Field not completed.

Email Address [email protected]
Occupation Emergency Services Manager EMT-Basic
Employer / Business Pro Transport-1
Business Address 1525 Leonard Avenue
City Modesto
State Ca
Zip Code 95350
#6..
- 50 -
2 Education Associates Computer Business Admin
(Section Break)
Qualifications:

Are you a Modesto
resident?
Yes
If yes, what was the date of
residency?
9/13/2008
Are you a registered voter
in the City of Modesto?
Yes
Are you a registered voter
in Stanislaus County?
Yes
Are you now or have you
ever been employed by the
City of Modesto?
No
Inclusive dates: Field not completed.

Do you have relatives or a
member of your household
who are employed by the
City of Modesto, or who are
currently serving on the City
Council, or who are Board
members or
Commissioners?
Yes
If yes, please explain: Husband, I'm on the Disabled Board of Appeals List relevant employment,
training, and experience,
certificates of training,
licenses, and professional
registration.

EMT-B, CPR, AED. 15 Year in EMS
How did you learn about
the board for which you are
applying?
Other (Please specify)
If other, please specify: City website
Describe your involvement
in community activities and
civic organizations. (Do not
list partisan political
parties.)
Police Officer Memorial Run participant and sponsor.
#6..
- 51 -
3 What is it about this
position that interests you?
Interested in giving input to from personal and professional experiences.

What qualities, experience,
and expertise would you
bring to it?
I have served as an EMT for the last 15 years in Modesto. This time was spent primarily conducting non-emergency interfacility transports. I also have experience in the 911 system for the City of Hughson. My Husband of 20 year has Muscular Dystrophy
(Section Break)
Demographics
City of Modesto invites all applicants to voluntarily self-identify their gender, race/ethnicity, veteran status and disability. Submission of this information is voluntary and refusal to provide will not affect the application process. The information will be kept confidential and will only be used in accordance with the provisions of applicable laws, executive orders and regulations, including those that require the information to be summarized and reported to the federal government for civil rights enforcement.

Gender Female
Ethnicity Hispanic or Latino
Are you currently, or have
you ever, served in the
Armed Forces?
No
Do you consider yourself
disabled?
No
Email not displaying correctly? View it in your browser. #6..
- 52 -
1 Christina Alger
From: [email protected]
Sent: Wednesday, March 23, 2022 11:07 AM
To: Kathy Espinoza; Kelly Rice-Ortiz
Subject: Online Form Submission #30923 for Boards, Commissions & Committees Application Boards, Commissions & Committees Application
Title II Compliance
In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website.

Apply To: Equity Commission
First Name Lisa
Last Name Battista
Address 609 Auburn Street
City Modesto
State CA
Zip Code 95350
Home Phone 209-996-3289
Work Phone 209-996-3289
Email Address [email protected]
Occupation attorney
Employer / Business Damrell Nelson Schrimp Pallios & Silva Business Address 1601 I Street, 5th Floor
City Modesto
State CA
Zip Code 95354
#6..
- 53 -
2 Education B.S., Economics (University of San Francisco); J.D. (University of California at Hastings)
(Section Break)
Qualifications:

Are you a Modesto
resident?
Yes
If yes, what was the date of
residency?
6/1/2017
Are you a registered voter
in the City of Modesto?
Yes
Are you a registered voter
in Stanislaus County?
Yes
Are you now or have you
ever been employed by the
City of Modesto?
No
Inclusive dates: Field not completed.

Do you have relatives or a
member of your household
who are employed by the
City of Modesto, or who are
currently serving on the City
Council, or who are Board
members or
Commissioners?
No
List relevant employment,
training, and experience,
certificates of training,
licenses, and professional
registration.

I have a background in employment law and am familiar with the FEHA, the ADA, and the other anti-discrimination laws mentioned above.

How did you learn about
the board for which you are
applying?
Other (Please specify)
If other, please specify: Modesto website
Describe your involvement
in community activities and
civic organizations. (Do not
list partisan political
parties.)
I do pro bono legal work as much as I can, representing lowincome residents in and around Modesto. I am an active member of College Avenue United Church of Christ, and
coordinate various social justice efforts for our church including our monthly Love Your Neighbor vigil. I am the rehearsal #6..
- 54 -
3 pianist for the Modesto Symphony Chorus and active in other music projects in our community. Much of my community
involvement is through the Stanislaus County Democratic Central Committee, but I can't see how that would bias or otherwise impact my work on this commission. Thank you.

What is it about this
position that interests you?
I care a great deal about issues surrounding equity and inclusion and about good government. I was a member of the Equal Opportunity / Disability Commission for a couple of years and tried every month to get the group to meet, but there was always some issue preventing a meeting. I would like to bring my legal experience to bear in serving on this commission.

Thank you.

What qualities, experience,
and expertise would you
bring to it?
Experience as an employment attorney, knowledge of
employment law, knowledge of the needs of our local
community, good listening skills, and a desire to contribute to making our community better.
(Section Break)
Demographics
City of Modesto invites all applicants to voluntarily self-identify their gender, race/ethnicity, veteran status and disability. Submission of this information is voluntary and refusal to provide will not affect the application process. The information will be kept confidential and will only be used in accordance with the provisions of applicable laws, executive orders and regulations, including those that require the information to be summarized and reported to the federal government for civil rights enforcement.

Gender Female
Ethnicity White
Are you currently, or have
you ever, served in the
Armed Forces?
No
Do you consider yourself
disabled?
No
Email not displaying correctly? View it in your browser. #6..
- 55 -
1 Christina Alger
From: [email protected]
Sent: Thursday, April 14, 2022 4:40 PM
To: Kathy Espinoza; Kelly Rice-Ortiz
Subject: Online Form Submission #31655 for Boards, Commissions & Committees Application Boards, Commissions & Committees Application
Title II Compliance
In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website.

Apply To: Equity Commission
First Name Maya
Last Name Ramirez
Address 1927 Glen Ridge Drive
City Ceres
State CA
Zip Code 95307
Home Phone 2092263325
Work Phone Field not completed.

Email Address [email protected]
Occupation Student/Care Staff
Employer / Business Sierra Vista Child and Family Servies Business Address 101 Park Avenue
City Modeseto
State CA
Zip Code 95354
#6..
- 56 -
2 Education CSU Sacramento: BA Government/Political Science CSU Stanislaus: MSW, Master’s of Social Work. To be earned May 2023
(Section Break)
Qualifications:

Are you a Modesto
resident?
No
Are you a registered voter
in the City of Modesto?
No
Are you a registered voter
in Stanislaus County?
Yes
Are you now or have you
ever been employed by the
City of Modesto?
No
Inclusive dates: Field not completed.

Do you have relatives or a
member of your household
who are employed by the
City of Modesto, or who are
currently serving on the City
Council, or who are Board
members or
Commissioners?
No
List relevant employment,
training, and experience,
certificates of training,
licenses, and professional
registration.

BA Government and Political Science, CSU Sacramento
Master’s of Social Work, CSU Stanislaus
Founder of Basic Needs Group, CSU Sacramento
Civic Action Fellow with AmeriCorps through CSU Stanislaus How did you learn about
the board for which you are
applying?
Other (Please specify)
If other, please specify: Instagram
Describe your involvement
in community activities and
civic organizations. (Do not
list partisan political
parties.)
As part of my job, I engage in regulate community outreach and advocacy. During my undergraduate years I served as an advisor for the Protecting Health and Slamming Tobacco
program with the Stanislaus County Office of Education. I engaged with high schoolers educating them on the negative effects of tobacco and drug use, and trained them on how to lobby with lawmakers to help improve their communities. I #6..
- 57 -
3 worked part time for the Boys and Girls Club of Stanislaus County as a Youth Development Professional where I worked with youth ages 5-17. I provided tutoring services, coordinated activities related to arts, science, and physical education. I also provided supervision and schoolwork help for students who engaged in distanced learning due to the COVID19 pandemic.

At Sacramento State, I continued my passion of advocacy and service. I co-founded an organization on campus that aimed to help meet the basic needs of students and connect students to resources on campus, as many students faced housing and food insecurity. Currently, I work with foster youth in our community and foster youth all throughout the state. I work with foster youth who have experienced extreme abuse and
neglect, and I assist them in therapeutic treatment to heal from their traumatic experiences. From the ages of 14-18, I
volunteered at the Modesto library, reading to children, putting on arts and crafts activities and programs for youth and families. I am currently also a Civic Action Fellow with CSU Stanislaus and Americorps. I work with high schoolers on setting them up for success, helping with college applications, and I work with high schoolers who are at risk, from low-income backgrounds, who need academic and social/emotional help, to help ensure they meet graduation requirements.

What is it about this
position that interests you?
As an aspiring social worker who will one day work tirelessly to advocate for the needy, for change, and equity, this position highly interests me. Modesto’s Diversity, Equity, and Inclusion (DEI) program’s mission aligns with my personal and
professional values and missions. I am eager to assist in a program that aims to foster and maintain a culture of diversity, equity, and inclusivity within the City of Modesto workforce and within the services we provide to the community.

What qualities, experience,
and expertise would you
bring to it?
In terms of qualities, I am able to effectively multitask in a range of environments while quickly adapting to change. I am able to work independently and collaboratively with others. I possess strong and effective conceptualization and
communication skill both written and verbal. Regarding
experience, I have worked well with youth of all ages,
socioeconomic backgrounds, ethnicities and more. My social work graduate level education, experience working with
emotionally traumatized foster youth, and trainings from MJC have equipped me with empathy, patience, and traumainformed perspectives, which helps when working with a range of individuals in the community. My MSW program also
emphasizes in my education the importance of advocacy,
fighting and pushing for social justice and pushes for the respect and dignity of all people regardless of histories and #6..
- 58 -
4 backgrounds. To be a social worker is to be a listener. It’s what I do well- listen. And listeners who possess empathy and care bring a plethora of understanding, and holistic perspectives to working with people and incorporating values of equity and inclusion. I push for equity everyday, in my job with foster youth, in my work as a Civic Action Fellow with at-risk high schoolers who might not have the same access to resources that other students may have. I also push for community development as an MSW intern with Sierra Vista Child and Family Services, bridging the gap between community
members who need services and the services we provide. In my education, I provide leadership and I showcase that
leadership by currently being a candidate for the Director of Graduate students, continuing my work of helping meet the needs of graduate students.
(Section Break)
Demographics
City of Modesto invites all applicants to voluntarily self-identify their gender, race/ethnicity, veteran status and disability. Submission of this information is voluntary and refusal to provide will not affect the application process. The information will be kept confidential and will only be used in accordance with the provisions of applicable laws, executive orders and regulations, including those that require the information to be summarized and reported to the federal government for civil rights enforcement.

Gender Female
Ethnicity Hispanic or Latino
Are you currently, or have
you ever, served in the
Armed Forces?
No
Do you consider yourself
disabled?
No
Email not displaying correctly? View it in your browser. #6..
- 59 -
1 Christina Alger
From: [email protected]
Sent: Thursday, April 14, 2022 8:08 PM
To: Kathy Espinoza; Kelly Rice-Ortiz
Subject: Online Form Submission #31658 for Boards, Commissions & Committees Application Boards, Commissions & Committees Application
Title II Compliance
In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website.

Apply To: Equity Commission
First Name Gabriella
Last Name Fierro
Address 4919 Roselle Avenue
City Modesto
State California
Zip Code 95357
Home Phone 5108276163
Work Phone Field not completed.

Email Address [email protected]
Occupation Business owner, real estate industry
Employer / Business Real Estate Property Services, Inc
Business Address Field not completed.

City Modesto
State California
Zip Code 95357
#6..
- 60 -
2 Education Field not completed.
(Section Break)
Qualifications:

Are you a Modesto
resident?
Yes
If yes, what was the date of
residency?
6/1/2014
Are you a registered voter
in the City of Modesto?
Yes
Are you a registered voter
in Stanislaus County?
Yes
Are you now or have you
ever been employed by the
City of Modesto?
No
Inclusive dates: Field not completed.

Do you have relatives or a
member of your household
who are employed by the
City of Modesto, or who are
currently serving on the City
Council, or who are Board
members or
Commissioners?
No
List relevant employment,
training, and experience,
certificates of training,
licenses, and professional
registration.

Diversity classes, fair housing training, rental housing experience, disability experience.

How did you learn about
the board for which you are
applying?
Other (Please specify)
If other, please specify: Facebook/city website
Describe your involvement
in community activities and
civic organizations. (Do not
list partisan political
parties.)
CAA fair housing committee member.
#6..
- 61 -
3 What is it about this
position that interests you?
Proud to be a Modesto resident and encouraged by the
formation of this commission and the impact it could have in molding the changing culture of Modesto in a way that reflects, celebrates and values its changing demographic. I saw this opportunity and would be honored to contribute.

What qualities, experience,
and expertise would you
bring to it?
I bring a passion for racial equity, and disability representation and advocacy as the result of my life having been directly impacted by both. My experience in several diverse cities, then transplanted to Modesto has offered the opportunity to reflect on the unique culture of each community. I have represented the issues of equity and inclusion on committee previously and train and advocate on fair housing issues in the course of my work daily.
(Section Break)
Demographics
City of Modesto invites all applicants to voluntarily self-identify their gender, race/ethnicity, veteran status and disability. Submission of this information is voluntary and refusal to provide will not affect the application process. The information will be kept confidential and will only be used in accordance with the provisions of applicable laws, executive orders and regulations, including those that require the information to be summarized and reported to the federal government for civil rights enforcement.

Gender Female
Ethnicity Hispanic or Latino
Are you currently, or have
you ever, served in the
Armed Forces?
No
Do you consider yourself
disabled?
No
Email not displaying correctly? View it in your browser. #6..
- 62 -
1 Christina Alger
From: [email protected]
Sent: Thursday, April 21, 2022 9:54 AM
To: Kathy Espinoza; Kelly Rice-Ortiz
Subject: Online Form Submission #31755 for Boards, Commissions & Committees Application Boards, Commissions & Committees Application
Title II Compliance
In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website.

Apply To: Equity Commission
First Name A'Kia
Last Name Walker
Address 3025 W Christoffersen Pkwy E106
City Modesto
State CA
Zip Code 95382
Home Phone 314-852-2729
Work Phone Field not completed.

Email Address [email protected]
Occupation Field not completed.

Employer / Business Stanislaus County Youth Empowerment Program Business Address 820 H Street
City Modesto
State CA
Zip Code 95354
#6..
- 63 -
2 Education Bachelors of Science, Molecular & Microbial Biology - Class of 2020
(Section Break)
Qualifications:

Are you a Modesto
resident?
No
Are you a registered voter
in the City of Modesto?
No
Are you a registered voter
in Stanislaus County?
Yes
Are you now or have you
ever been employed by the
City of Modesto?
No
Inclusive dates: Field not completed.

Do you have relatives or a
member of your household
who are employed by the
City of Modesto, or who are
currently serving on the City
Council, or who are Board
members or
Commissioners?
No
List relevant employment,
training, and experience,
certificates of training,
licenses, and professional
registration.

Field not completed.

How did you learn about
the board for which you are
applying?
Community Group
Describe your involvement
in community activities and
civic organizations. (Do not
list partisan political
parties.)
I am currently a member of the Latino Leadership Initiative cohort, a program offered by there nonprofit organization, City Ministry Network. I also work in the nonprofit sector as the Executive Director of the newly founded organization,
Stanislaus County Youth Empowerment Program.

What is it about this
position that interests you?
Prioritizing equity among all sectors of the community is a major part of my organization's mission. I am interested in aligning with the efforts being implemented by the city to create more equitable spaces, which may impact the services and #6..
- 64 -
3 experiences offered not only to the population my organization serves, but the community at large.

What qualities, experience,
and expertise would you
bring to it?
Along with my new experiences working in the nonprofit sector, I also had the pleasure to serve on my university's student government board of directors. As a first-generation college graduate, and woman of color, spaces centered on governance were uncharted environments prior to my undergraduate
career. I soon realized that the disconnect between
governance and minority populations only further perpetuates the lack of true diversity, equity, and inclusion within our communities. Increasing the representation of voices from minority communities is a direct way to bring anecdotal information regarding the impacts of inequalities, which is important qualitative measure to complement facts and
research.
(Section Break)
Demographics
City of Modesto invites all applicants to voluntarily self-identify their gender, race/ethnicity, veteran status and disability. Submission of this information is voluntary and refusal to provide will not affect the application process. The information will be kept confidential and will only be used in accordance with the provisions of applicable laws, executive orders and regulations, including those that require the information to be summarized and reported to the federal government for civil rights enforcement.

Gender Female
Ethnicity Two or more races
Are you currently, or have
you ever, served in the
Armed Forces?
No
Do you consider yourself
disabled?
No
Email not displaying correctly? View it in your browser. #6..
- 65 -
1 Christina Alger
From: [email protected]
Sent: Friday, May 27, 2022 1:32 AM
To: Kathy Espinoza; Kelly Rice-Ortiz
Subject: Online Form Submission #32411 for Boards, Commissions & Committees Application Boards, Commissions & Committees Application
Title II Compliance
In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website.

Apply To: Equity Commission
First Name Mayra
Last Name Martinez
Address 1225 Turquoise Drive
City Modesto
State CA
Zip Code 95355
Home Phone 209-502-6024
Work Phone Field not completed.

Email Address [email protected]
Occupation Behavioral Health Education
Employer / Business Center for Human Services
Business Address 2000 W. Briggsmore Ave, Ste. I
City Modesto
State CA
Zip Code 95350
#6..
- 66 -
2 Education Bachelor of Arts in Psychology, graduated as CumLaude.

Associates of Arts in Behavioral & Social Sciences. Associates of Science in Electronics & Computer Technology. Certificate of Completion for the Latino Leadership Initiative.
(Section Break)
Qualifications:

Are you a Modesto
resident?
Yes
If yes, what was the date of
residency?
9/30/2017
Are you a registered voter
in the City of Modesto?
Yes
Are you a registered voter
in Stanislaus County?
Yes
Are you now or have you
ever been employed by the
City of Modesto?
No
Inclusive dates: Field not completed.

Do you have relatives or a
member of your household
who are employed by the
City of Modesto, or who are
currently serving on the City
Council, or who are Board
members or
Commissioners?
No
List relevant employment,
training, and experience,
certificates of training,
licenses, and professional
registration.

My education included history courses on minority populations in the United States, including Mexican-Americans’ experience, women’s rights, and treatment of indigenous people. During my collegiate career, I was a part of an organization called Teatro, Los Hijos Del Campo (LHDC) which worked diligently to
simultaneously raise scholarship funds for and awareness of the lives of undocumented students and their families. I also hold a certificate of graduation for completing the Latino Leadership Initiative which was recognized by California State Senator Anna M. Caballero.

I believe it is important for government leaders to take all community members into account when creating and providing services and programs. My upbringing as a child of naturalized #6..
- 67 -
3 U.S. Citizen parents, who were of low-income socioeconomic status, and did not complete high school is the catalyst for my personal growth in which I developed a deep-rooted respect for all kinds of people. My passion to support a diverse range of populations began from my own lived experiences and
observations. I, also, have lived experience and first-hand knowledge of the unique requirements and constraints of individuals with special needs and learning disabilities and what families navigate to receive services. Equitability and inclusion is a daunting struggle to achieve for populations with disabilities, both visible and invisible. Given my professional and lived experience, I continue to build awareness and sensitivity of diverse communities.

In my current position, I provide social, emotional, and mental health services on a one-on-one basis and through group facilitation at elementary schools within Modesto City Schools. I work for a non-profit organization and in my capacity as a Student Assistance Specialist I ensure mental health services are applied to and made available for all students regardless of race, color, creed, sexual orientation, educational
understanding, abilities, or primary language spoken. I am active within the communities of the schools I serve; my involvement includes attending neighborhood “charlas”
(talks/meetings) with government officials and participating in collaborative meetings uplifting known needs for under-served families to ensure equitable and inclusive action.

How did you learn about
the board for which you are
applying?
Community Group
Describe your involvement
in community activities and
civic organizations. (Do not
list partisan political
parties.)
I am an avid volunteer within Stanislaus County. Recently, I volunteered on the Stanislaus County Youth Empowerment
Alliance (YEA) project committee for their first Youth
Convening event to build a youth-driven vision for equity and inclusion. I volunteered nine years with the MJC Hispanic Education Conference, and served on the planning committee for five years as the Volunteers Coordinator.

I am a part of the NextGen on Board program through the Stanislaus Community Foundation. I am a part of the inaugural cohort of 16 young leaders building our leadership capacity by joining our local nonprofits’ board of directors to strengthen and steward anchor institutions.

My community activities also include ministry work at various churches including both Catholic and Protestant
#6..
- 68 -
4 denominations. My involvement consists of giving talks to parents and youth, providing referrals to community resources, delivering systems support, and providing logistical and event planning to ensure inclusion and support of diverse population of individuals.

What is it about this
position that interests you?
I am interested in directly advising on affairs regarding equity and inclusion because of my lived experiences and of my observations when helping families navigate systems. It is important to me to provide a viewpoint which delivers insight on areas of need for equitable opportunity and disability related issues. I believe the workforce and services provided to the community can be strengthened and together we can find
solutions to challenges experienced by the community.

What qualities, experience,
and expertise would you
bring to it?
My passion and experiences align with the Commission’s effort and vision for equitable treatment and access to city programs and services. Through ministry work, I have deepened
collaborative relationships with community residents in areas such as Airport Neighborhood, West Modesto, and South
Modesto.

In addition to deep community connections, I understand how important it is to bring Diversity, Equitability, Inclusion to the table to uplift and meet needs of under-served populations.

Currently, I am strengthening my board expertise sitting on the board of Stanislaus Community Foundation. I work with board colleagues to advise and steward the organization in meeting its mission to serve our communities.

Lastly, I am an action-oriented advocate and a servant leader known for being empathetic to the needs of others. My lived experiences as a low-income, Latinx, third culture, firstgeneration college student and citizen (amongst other lenses) ensures I will bring a wealth of awareness and understanding to the Equity Commission. I would apply my knowledge and passion to help achieve successful admittance to resources and services for all communities. Considering my solid
foundation of experience in combination with my analytical, hard-working character, and strong organizational skills I am confident I am a great fit for the needs of this new commission. (Section Break)
Demographics
City of Modesto invites all applicants to voluntarily self-identify their gender, race/ethnicity, veteran status and disability. Submission of this information is voluntary and refusal to provide will not affect the application process. The #6..
- 69 -
5 information will be kept confidential and will only be used in accordance with the provisions of applicable laws, executive orders and regulations, including those that require the information to be summarized and reported to the federal government for civil rights enforcement.

Gender Female
Ethnicity Hispanic or Latino
Are you currently, or have
you ever, served in the
Armed Forces?
No
Do you consider yourself
disabled?
Yes
Email not displaying correctly? View it in your browser. #6..
- 70 -
- 1 -
7/12/2022 5:30:00 PM

MODESTO CITY COUNCIL
www.modestogov.com

MINUTES
City of Modesto

CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, July 12, 2022 at 5:30 PM
Roll Call - Councilmembers Escutia-Braaton, Kenoyer, Madrigal, Ricci, Wright, Mayor Zwahlen
Pledge of Allegiance to the Flag
Invocation: Rev. Scott Elliott, Big Valley Grace
City Clerk’s Announcements: City Clerk reported email correspondence for Public Comment Period was received and forwarded to the Council. Also, The Nomination period for the November 8, 2022 General Municipal Election opens on Monday July 18th for Districts 2, 4 and 5. Individuals interested in running for City Council are encouraged to contact the City Clerk’s Office
Declaration of Conflicts of Interest: None
Reports from Closed Session: City Attorney Sanchez reported that there was no reportable action on the closed session items.

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Presentation of Proclamation proclaiming July 26, 2022, as Americans with Disabilities Act Awareness Day. (Funding Source: Not Applicable) CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] #7..
- 71 -
- 2 -
7/12/2022 5:30:00 PM
ACTION: Mayor Zwahlen presented the proclamation declaring July 26, 2022, as Americans with Disabilities Act Awareness Day.

2. Presentation of Proclamation proclaiming August 2, 2022, as National Night Out. (Funding Source: Not Applicable)
CITY COUNCIL; Kathy Espinoza, 209-571-5597, [email protected] ACTION: Mayor Zwahlen presented the proclamation declaring July proclaiming August 2, 2022, as National Night Out.

PUBLIC COMMENT PERIOD
 Louisa Bryant spoke regarding a meeting she had with City of Modesto staff regarding the mold inspection report. She stated that during the meeting she asked that the building inspector remove the mold inspection report submitted to the City by the owners of the property she is renting. She further commented on a public record request she recently submitted and the documents she received. She asked the Council to instruct the inspectors and the owners to complete the repairs.
 Darlene Ruiz commented on the incident that occurred with Dylan Harvey on July 4th.

She asked where was CHAT and stated that mental crisis should not be a death sentence.

She commented on his shooting and asked that the City implement an emergency response team and asked that the video be released to the public.  Perfecto Munoz from the West Modesto Community Collaborative spoke about the housing shortage in West Modesto. Housing is difficult to find and rent continues to increase. He stated that the City needs to address this issue. He commented that there’s got to be a point where the City and County start discussing this issue. Advocacy and plans are needed to better serve the community. The West Modesto Community Collaborative is willing to assist.
 Ramon Rodriguez commented on the Dylan Harvey incident. He stated that he is concerned that this continues to happen. He referenced studies that having a police officer present during mental health crisis increases the chances of confrontation. He stated that CHAT needs to be implemented.
 Ron DeLoach from the West Modesto People of Action Council spoke regarding the housing issue in West Modesto. He further stated that he also represents the NAACP Housing Committee. He stated that their subject matter is the 54 acre golf course on Tuolumne Blvd. West Modesto has 15,000 families that need housing. People are living in garages sharing bedrooms with other families and people are starting to pitch tents outside of residential homes. They are experiencing a housing crisis due to increasing rents and housing shortage. He would like to see more things happen and a decision on what should be done with the golf course. Fifty-Four acres can help people get housing in West Modesto.
#7..
- 72 -
- 3 -
7/12/2022 5:30:00 PM
 Steve commented that he agrees with the two gentleman that spoke regarding the dire need for affordable housing in Modesto. He is noticing a theme during the council meetings that at times is dominated by council congratulating each other and then comments like this evening. He also stated that MPD has failed the community again.

He insists that the charges should be dropped against Dylan Harvey. He stated the community deserves the release of the video of the incident.  Bianca Lopez spoke regarding the Dylan Harvey incident. She stated she is here to demand justice for Dylan Harvey. She asked where was the CHAT team and the mental health clinician. She demanded the Chief of Police hold a press conference and release of the footage of the incident. She further stated that an emergency response team should be implemented to give the people some hope.
 Emerson Drake commented regarding the Central Valley Patriots and the racist literature they recently distributed around the city. He also commented regarding the recent Pride Month Proclamation that was presented at a council meeting. He further commented that it’s part of Modesto’s brick wall and also commented on former Councilperson Zoslocki and his residency.
 Loretta Carhart stated it’s her belief that, mental issues are mainly attributed to medicine and someone should study it. She also spoke regarding a roof job she had done on her garage in 2016. She was not happy with the work done and the entire cost was placed on her tax bill. This year, she did not pay it and will not pay it.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 3-8, 10-27: (Kenoyer/ Wright; 6/0)

CONSENT ITEMS
Consent

3. Consider approving the minutes from the June 28, 2022 Council Meeting. (Funding Source: Not Applicable)
 Motion approving the minutes from the June 28, 2022 Council Meeting.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Kenoyer/Wright; 6/0) Motion approving the minutes from the June 28, 2022 Council Meeting.

Consent

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

CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected] #7..
- 73 -
- 4 -
7/12/2022 5:30:00 PM
ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-299 continuing to authorize remote teleconference meetings of the City of Modesto pursuant to Assembly Bill 361.

Consent

5. Consider final adoption of Ordinance 3746-C.S. approving adding Article 12 to Chapter 2 of Title 8 of the Modesto Municipal Code Imposing a Transactions and Use Tax. (Funding Source: Not Applicable)
 Motion approving final adoption of Ordinance 3746-C.S. approving adding Article 12 to Chapter 2 of Title 8 of the Modesto Municipal Code Imposing a Transactions and Use Tax. (Subject to Voter Approval)
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Kenoyer/Wright; 6/0) Motion approving final adoption of Ordinance 3746-C.S. approving adding Article 12 to Chapter 2 of Title 8 of the Modesto Municipal Code Imposing a Transactions and Use Tax. (Subject to Voter Approval) Consent

6. Consider approving the recommended budget adjustments to Fiscal Year 2021-22 Annual Operating and Capital Improvement Program Budgets. (Funding Source:

Various Funds)
 Resolution amending Year 2021-22 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to make the necessary steps to implement the provisions of this resolution.

BUDGET; Steve Christensen, 209-577-5390, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-300 amending Year 2021-22 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to make the necessary steps to implement the provisions of this resolution.

Consent

7. Consider accepting the Monthly Investment Report for April 2022. (Funding Source:

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

FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Kenoyer/Wright; 6/0) Motion accepting the Monthly Investment Report for April 2022.

Consent

8. Consider approving an award of bid for the purchase of 30” gate valves to Water Technology Resources, Bloomington, MN, for a total amount not to exceed $64,564. (Funding Source: Wastewater Fund)
 Resolution approving the award of bid for the purchase of 30” gate valves to Water Technology Resources, Bloomington, MN, for a total amount not to #7..
- 74 -
- 5 -
7/12/2022 5:30:00 PM
exceed $64,564, and authorizing the Director of Finance or her designee to execute the purchase order.

FINANCE DEPARTMENT; Cynthia Kline, 209-577-5412, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-301 approving the award of bid for the purchase of 30” gate valves to Water Technology Resources, Bloomington, MN, for a total amount not to exceed $64,564, and authorizing the Director of Finance or her designee to execute the purchase order.

Removed from Consent
Consent

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

FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Wright/Escutia-Braaton; 6/0) Motion accepting an informational report for the May 2022 Accounts Payable Payment Register and Void report.

Consent

10. Consider accepting an informational report on the March and April 2022 Grant Applications and Awards. (Funding Source: Not Applicable)  Motion accepting an informational report for the March and April 2022 Grant Applications and Awards.

FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Kenoyer/Wright; 6/0) Motion accepting an informational report for the March and April 2022 Grant Applications and Awards.

Consent

11. Consider authorizing the City Manager to negotiate and execute an Agreement with Salida Fire Protection District for temporary Fire Chief services during negotiations of a full Fire Protection Services Agreement. (Funding Source: General Fund)  Resolution authorizing the City Manager to negotiate and execute an Agreement with Salida Fire Protection District for temporary Fire Chief services during negotiations of a full Fire Protection Services Agreement.

FIRE; Alan Ernst, 209-572-9590, [email protected]
ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-302 authorizing the City Manager to negotiate and execute an Agreement with Salida Fire Protection District for temporary Fire Chief services during negotiations of a full Fire Protection Services Agreement.
#7..
- 75 -
- 6 -
7/12/2022 5:30:00 PM
Consent

12. Consider amending the Position Allocation Plan in four departments: Police, Human Resources, Finance, and Utilities. (Funding Source: Various Funds)  Resolution amending the position allocation for fiscal year 2022-23 as adopted in the operating budget.

HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-303 amending the position allocation for fiscal year 2022-23 as adopted in the operating budget.

Consent

13. Consider amending the Agreement with Johnson Controls, San Leandro, CA, for an updated security access system migration, increasing the not to exceed amount by $40,000 for additional parts and services that may be required through the life of the Agreement for a new total amount not to exceed $255,884. (Funding Source:

Supplemental Law Enforcement Services Fund - SLESF)
 Resolution amending the Agreement with Johnson Controls, San Leandro, CA, for an updated security access system migration, increasing the not to exceed amount by $40,000 for additional parts and services that may be required through the life of the Agreement for a new total amount not to exceed $255,884; and authorizing the Director of Finance, or designee, to execute the amendment.

POLICE DEPARTMENT; Chris Adams, 209-572-9500, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-304 amending the Agreement with Johnson Controls, San Leandro, CA, for an updated security access system migration, increasing the not to exceed amount by $40,000 for additional parts and services that may be required through the life of the Agreement for a new total amount not to exceed $255,884; and authorizing the Director of Finance, or designee, to execute the amendment.

Consent

14. Consider accepting the Board of State and Community Corrections California Violence Intervention and Prevention (CalVIP) Grant in the amount of $2,215,217 in grant funds with a 100% match requirement of $2,215,217, of which $514,592 is from the City of Modesto and $1,700,625 is from external subcontracts, for a total amount of $4,430,434. (Funding Source: Police – Grants, General Fund)  Resolution accepting the Board of State and Community Corrections California Violence Intervention and Prevention (CalVIP) Grant in the amount of $2,215,217 in grant funds with a 100% match requirement of $2,215,217, of which $514,592 is from the City of Modesto and $1,700,625 is from external subcontracts, for a total amount of $4,430,434; and authorizing the City Manager, or his designee, to execute the necessary documents including Memorandum of Understand Agreements with each partner agency on this grant.
 Resolution amending the Fiscal Year 2022-23 Operating and Multi-Year Project Budget to appropriate revenue and expenses in the amount of #7..
- 76 -
- 7 -
7/12/2022 5:30:00 PM
$2,215,217 related to the Board of State and Community Corrections California Violence Intervention and Prevention (CalVIP) Grant and $514,592 for the City of Modesto in-kind match; and authorizing the City Manager, or his designee, to implement the provisions of this resolution.

POLICE DEPARTMENT; Jessica Smart, 209-572-9518, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-305 accepting the Board of State and Community Corrections California Violence Intervention and Prevention (CalVIP) Grant in the amount of $2,215,217 in grant funds with a 100% match requirement of $2,215,217, of which $514,592 is from the City of Modesto and $1,700,625 is from external subcontracts, for a total amount of $4,430,434; and authorizing the City Manager, or his designee, to execute the necessary documents including Memorandum of Understand Agreements with each partner agency on this grant.

ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-306 amending the Fiscal Year 2022-23 Operating and Multi-Year Project Budget to appropriate revenue and expenses in the amount of $2,215,217 related to the Board of State and Community Corrections California Violence Intervention and Prevention (CalVIP) Grant and $514,592 for the City of Modesto in-kind match; and authorizing the City Manager, or his designee, to implement the provisions of this resolution.

Consent

15. Consider approving the Parks, Recreation and Neighborhoods revised spending plan in accordance with the 2021 Modesto Forward strategy for the use of American Rescue Plan Act (ARPA) funds in the amounts of $500,000 for The Awesome Spot Playground, $750,000 for the Tuolumne River – Economic Development Strategy, and $1,270,028 for Park Deferred Maintenance; amending the Fiscal Year 22/23 Capital Improvement Program and Non-Capital project budgets to fund the projects outlined in the attached ARPA Phase 1 Spending Plan for Park Improvements. (Funding Source:

American Rescue Plan Act Funding)
 Resolution approving the Parks, Recreation and Neighborhoods revised spending plan in accordance with the 2021 Modesto Forward Strategy for the use of American Rescue Plan Act (ARPA) funds in the amounts of $500,000 for The Awesome Spot Playground, $750,000 for the Tuolumne River – Economic Development Strategy, and $1,270,028 for Park Deferred Maintenance.
 Resolution amending the Fiscal Year 2022/2023 Capital Improvement Program and Non-Capital project budgets in the amount of $2,520,028 to fund the projects outlined in the attached ARPA Phase 1 Spending Plan for Park Improvements and authorizing the City Manager, or his designee to take the necessary steps to implement the provisions of this resolution.

PRN; Nathan Houx, 209-571-5526, [email protected]
ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-307 approving the Parks, Recreation and Neighborhoods revised spending plan in accordance with the 2021 Modesto Forward Strategy for the use of American Rescue Plan Act (ARPA) funds in #7..
- 77 -
- 8 -
7/12/2022 5:30:00 PM
the amounts of $500,000 for The Awesome Spot Playground, $750,000 for the Tuolumne River – Economic Development Strategy, and $1,270,028 for Park Deferred Maintenance.

ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-308 amending the Fiscal Year 2022/2023 Capital Improvement Program and Non-Capital project budgets in the amount of $2,520,028 to fund the projects outlined in the attached ARPA Phase 1 Spending Plan for Park Improvements and authorizing the City Manager, or his designee to take the necessary steps to implement the provisions of this resolution.

Consent

16. Consider approving an Agreement with Gallo Center for the Arts for a two-year term, retroactive to July 1, 2022 through June 30, 2024 for discounted employee parking in Lot 25 with annual parking permits to be paid on a quarterly basis. (Funding Source:

Parking Services Enterprise Fund)
 Resolution approving an Agreement with Gallo Center for the Arts for a twoyear term retroactive to July 1, 2022 through June 30, 2024 for discounted employee parking in Lot 25 with annual parking permits to be paid on a quarterly basis, and authorizing the City Manager, or his designee, to execute the Agreement.

PUBLIC WORKS; Patrick Crowley, 209-402-6812, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-309 approving an Agreement with Gallo Center for the Arts for a two-year term retroactive to July 1, 2022 through June 30, 2024 for discounted employee parking in Lot 25 with annual parking permits to be paid on a quarterly basis, and authorizing the City Manager, or his designee, to execute the Agreement.

Consent

17. Consider approving the First Amendment to the Agreement for Consulting Services to Dixon Resources Unlimited, (DIXON) San Diego, CA for City of Modesto Downtown Parking Infrastructure Implementation Plan, increasing the scope of services to include Task 2 and Task 3, to increase the Agreement amount by $183,051 including a 10% contingency, from $26,970 for a new estimated total not to exceed amount of $210,021. (Funding Source: Parking Fund and allocation from American Rescue Plan Act)
 Resolution approving the First Amendment to the Agreement with Dixon Resources Unlimited (DIXON) as a Consultant for Downtown Parking Infrastructure Implementation Plan; Task 2 and Task 3, increase the Agreement amount by $183,051 including a 10% contingency, from $26,970 for a new estimated total not to exceed amount of $210,021, and authorizing the City Manager, or his designee, to execute the First Amendment to the Agreement.

PUBLIC WORKS; Patrick Crowley, 209-402-6812, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-310 approving the First Amendment to the Agreement with Dixon Resources Unlimited (DIXON) as a Consultant for Downtown Parking Infrastructure Implementation Plan; Task 2 and #7..
- 78 -
- 9 -
7/12/2022 5:30:00 PM
Task 3, increase the Agreement amount by $183,051 including a 10% contingency, from $26,970 for a new estimated total not to exceed amount of $210,021, and authorizing the City Manager, or his designee, to execute the First Amendment to the Agreement.

Consent

18. Consider approving the extension of the Compost Facility Flexible Sales Pricing Pilot Program approved on April 2, 2019, and extend for one additional year effective August 1, 2022 through July 31, 2023 with the option to extend for two additional years at the discretion of the City Manager, or his designee. (Funding Source: Compost Fund)
 Resolution approving the extension of the Compost Facility Flexible Sales Pricing Pilot Program approved on April 2, 2019, and extend for one additional year effective August 1, 2022 through July 31, 2023 with the option to extend for two additional years at the discretion of the City Manager, or his designee.

PUBLIC WORKS; Rosene Salmo, 209-577-5453, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-311 approving the extension of the Compost Facility Flexible Sales Pricing Pilot Program approved on April 2, 2019, and extend for one additional year effective August 1, 2022 through July 31, 2023 with the option to extend for two additional years at the discretion of the City Manager, or his designee.

Consent

19. Consider authorizing staff to apply for all CalRecycle Household Hazardous Waste Grants, rescinding Resolution No. 2015-271, and authorizing the City Manager, or his designee, to sign grant applications and related forms, accept grant awards, and amend the budget as available. (Funding Source: Grant Revenue if received will be deposited into 4891 Solid Waste Fund)
 Resolution authorizing staff to apply for all CalRecycle Household Hazardous Waste Grants, rescinding Resolution No. 2015-271, and authorizing the City Manager, or his designee, to sign grant applications and related forms, accept grant awards, and amend the budget as available.

PUBLIC WORKS; Rosene Salmo, 209-577-5453, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-312 authorizing staff to apply for all CalRecycle Household Hazardous Waste Grants, rescinding Resolution No. 2015- 271, and authorizing the City Manager, or his designee, to sign grant applications and related forms, accept grant awards, and amend the budget as available.

Consent

20. Consider approving the award of bid for the furnishing of Digester Cleaning Services to Wastewater Solids, Yachats, OR, for an estimated annual amount of $47,690, and a total amount not to exceed $322,663 over five years. (Funding Source: Wastewater Fund)
#7..
- 79 -
- 10 -
7/12/2022 5:30:00 PM
 Resolution approving the award of bid for the furnishing of Digester Cleaning Services to Wastewater Solids, Yachats, OR, for an estimated annual amount of $47,690, and a total amount not to exceed $322,663 over five years, and authorizing the City Manager or his designee to execute the Agreement.

UTILITIES; Ben Koehler, 209-342-4502, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-313 approving the award of bid for the furnishing of Digester Cleaning Services to Wastewater Solids, Yachats, OR, for an estimated annual amount of $47,690, and a total amount not to exceed $322,663 over five years, and authorizing the City Manager or his designee to execute the Agreement.

Consent

21. Consider approving the award of bid and Agreement for pump efficiency testing services to Pumping Efficiency Testing Services, LLC, Sebastopol, CA, for a two-year Agreement with three one-year extension options, for an estimated annual amount of $40,000, and a total amount not to exceed $200,000 over five years. (Funding Source:

Water Fund)
 Resolution approving the award of bid and Agreement for pump efficiency testing services to Pump Efficiency Testing Services, LLC, Sebastopol, CA for a two-year Agreement with three one-year extension options, for an estimated annual amount of $40,000, and a total amount not to exceed $200,000 over five years and authorizing the City Manager or his designee to execute the Agreement.

UTILITIES; Jeff Daniels, 209-342-4585, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-314 approving the award of bid and Agreement for pump efficiency testing services to Pump Efficiency Testing Services, LLC, Sebastopol, CA for a two-year Agreement with three one-year extension options, for an estimated annual amount of $40,000, and a total amount not to exceed $200,000 over five years and authorizing the City Manager or his designee to execute the Agreement.

Consent

22. Consider authorizing the submittal of a Grant Application to the State Water Resources Control Board (SWRCB) for the Proposition 1 Groundwater Grant Program, Round 3 (Prop 1 Grant) for the Modesto Municipal Groundwater Supply Contamination Prevention and Cleanup Project. (Funding Source: Water Fund)  Resolution authorizing the submittal of a grant application and authorizing the City Manager, or his Designee as the City Representatives to execute all grant related documents and enter into a funding Agreement with the State Water Resources Control Board to receive the grant funds, if awarded, under the Proposition 1 Groundwater Grant Program, for the Round 3 Implementation Grant for the Modesto Municipal Groundwater Supply Contamination Prevention and Cleanup Project.

UTILITIES; Miguel Alvarez, 209-577-5348, [email protected] #7..
- 80 -
- 11 -
7/12/2022 5:30:00 PM
ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-315 authorizing the submittal of a grant application and authorizing the City Manager, or his Designee as the City Representatives to execute all grant related documents and enter into a funding Agreement with the State Water Resources Control Board to receive the grant funds, if awarded, under the Proposition 1 Groundwater Grant Program, for the Round 3 Implementation Grant for the Modesto Municipal Groundwater Supply Contamination Prevention and Cleanup Project.

Consent

23. Consider approving a First Amendment to the Agreement with C.H.W. Enterprises, Inc., DBA Industrial Electrical Machinery, Visalia, CA, for the Furnishing of Electric Motor Rewind/Rebuild Services, increasing the annual amount by $243,196 from $124,304 for a new estimated annual amount of $367,500 and a new total amount not to exceed $1,705,568 over five years. (Funding Source: Various Funds)  Resolution approving a First Amendment to the Agreement with C.H.W.

Enterprises, Inc., DBA Industrial Electrical Machinery, Visalia, CA, for the Furnishing of Electric Motor Rewind/Rebuild Services, increasing the annual amount by $243,196 from $124,304 for a new estimated annual amount of $367,500 and a new total amount not to exceed $1,705,568 over five years and authorizing the Director of Finance or her designee, to execute the Agreement.

UTILITIES; Monte Hamilton, 209-342-4505, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-316 approving a First Amendment to the Agreement with C.H.W. Enterprises, Inc., DBA Industrial Electrical Machinery, Visalia, CA, for the Furnishing of Electric Motor Rewind/Rebuild Services, increasing the annual amount by $243,196 from $124,304 for a new estimated annual amount of $367,500 and a new total amount not to exceed $1,705,568 over five years and authorizing the Director of Finance or her designee, to execute the Agreement.

Consent

24. Consider approving a Sole Source Purchase Agreement with APG-Neuros, Blainville, Quebec, Canada, for the Procurement of Flow Meters and Parts for an estimated annual amount of $150,000 and a total amount not to exceed $750,000 over five years. (Funding Source: Wastewater Fund)
 Resolution approving a Sole Source Purchase Agreement with APG-Neuros, Blainville, Quebec, Canada, for the Procurement of Flow Meters and Parts for an estimated annual amount of $150,000 and a total amount not to exceed $750,000 over five years, and authorizing the Director of Finance, or her designee, the ability to add parts based on the department’s needs, ensuring the total amount does not exceed the authorized total, and authorizing the Director of Finance or her designee, to execute the Agreement.

UTILITIES; Monte Hamilton, 209-342-4505, [email protected] #7..
- 81 -
- 12 -
7/12/2022 5:30:00 PM
ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-317 approving a Sole Source Purchase Agreement with APG-Neuros, Blainville, Quebec, Canada, for the Procurement of Flow Meters and Parts for an estimated annual amount of $150,000 and a total amount not to exceed $750,000 over five years, and authorizing the Director of Finance, or her designee, the ability to add parts based on the department’s needs, ensuring the total amount does not exceed the authorized total, and authorizing the Director of Finance or her designee, to execute the Agreement.

Consent

25. Consider accepting improvements for the Amtrak Station Roof and Restroom Renovation Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $448,978 to Commercial Waterproofing Systems; dba ERC Roofing & Waterproofing, Inc., Santa Ana, CA. (Funding Source: Local Transportation Funds-Regional Facilities and State of Good Repair)
 Resolution accepting the Amtrak Station Roof and Restroom Renovation Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $448,978 to Commercial Waterproofing Systems; dba ERC Roofing & Waterproofing, Inc., Santa Ana, CA.

UTILITIES; Pete Kambel, 209-577-5444, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-318 accepting the Amtrak Station Roof and Restroom Renovation Project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $448,978 to Commercial Waterproofing Systems; dba ERC Roofing & Waterproofing, Inc., Santa Ana, CA.

Consent

26. Consider accepting the Street Improvements Southbound McHenry Avenue to Westbound Briggsmore Avenue CML-5059 (186) project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $1,222,355 to George Reed, Inc., of Modesto, CA. (Funding Source:

Congestion Mitigation and Air Quality (CMAQ), Regional Surface Transportation Program Funds (RSTP), Streets Community Facilities Fees (CFF), and Measure L MOE Funds)
 Resolution accepting the Street Improvements Southbound McHenry Avenue to Westbound Briggsmore Avenue CML-5059 (186) project project as complete, authorizing all necessary steps to file with the County Recorder, releasing securities, and releasing payments totaling $1,222,355 to George Reed, Inc., CA.

UTILITIES; Pete Kambel, 209-577-5444, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-319 accepting the Street Improvements Southbound McHenry Avenue to Westbound Briggsmore Avenue CML-5059 (186) project project as complete, authorizing all necessary steps to file #7..
- 82 -
- 13 -
7/12/2022 5:30:00 PM
with the County Recorder, releasing securities, and releasing payments totaling $1,222,355 to George Reed, Inc., CA.

Consent

27. Consider approving and certifying an update to the City of Modesto Sewer System Management Plan. (Funding Source: Wastewater Fund)
 Resolution approving and certifying an update to the City of Modesto Sewer System Management Plan.

UTILITIES; Robert Englent, 209-577-6222, [email protected] ACTION: (Kenoyer/Wright; 6/0) Resolution 2022-320 approving and certifying an update to the City of Modesto Sewer System Management Plan.

COUNCIL COMMENTS & REPORTS
Council Member Ricci commented that over the last couple of weeks there have been hate groups boldly pushing their agendas. There have been antisemitic flyers distributed and other fascist groups pushing their hate information. Modesto has a hate problem and it must be addressed. He believes those groups are the minority. It’s time for this City to speak up and take action to make it clear that Modesto is not a place for hate, and that they are committed to a community of diversity. Silence in the face of bigotry is no better than being supportive. He thinks that a way to address it is to create a historical monument dedicated to local Jewish cultural history and contributions to the City. A LGBT sidewalk in downtown to demonstrate the City’s commitment to diversity and freedom. Also, they should make Juneteenth an official Holiday.

Council Member Escutia-Braaton publicly denounced any and all individuals and groups who discriminate against those that are different. There’s no room in Modesto for any kind of antisemitic behavior or discrimination. She would like to belive that in Modesto they recognize that they are more alike than different.

Council Member Madrigal echoed the comments from Council Member Ricci. He believes they have an opportunity to really make a statement that Modesto is a welcoming city and that they do not tolerate hate. One way to show that is by funding some of the ideas that Council Member Ricci put forward and possibly using some of the ARPA funding. He hopes the Council will bring back something they can discuss.

Mayor Zwahlen commented that one way she tries to demonstrate inclusion is to spend time with people that may believe differently than she does or are different in whatever way it is. She was honored to visit Howard Prep, especially in light of this month they are celebrating American’s with Disability Awareness. She acknowledged all of the activities Howard Prep does and watching how the Howard Prep participants learn how to cook and how to interact with each other and train others for jobs. It was delightful spending time with them.
#7..
- 83 -
- 14 -
7/12/2022 5:30:00 PM

CITY MANAGER COMMENTS & REPORTS
City Manager Lopez reported that tonight he is proud to announce a new language access feature the City has made available to the public. Modesto is the first City to incorporate “Wordly” multilingual communication in California. Wordly provides real time translation in captions translated into 20 different languages. A QR Code is included on the posted agendas. Residents will be able to view meetings in the language of their choosing. He is very proud of staff for their work in bringing about this innovation and milestone in the City's strategic plan.

HEARINGS
Published in the Modesto Bee on June 22, 2022.

28. Hearing to consider a proposed an amendment to Planned Development P-D (247) to allow for commercial development that would include food truck commissary, parking, and manufacturing/repair services on property located at 2301 Crows Landing Road. (Funding Source: Developer Funded)
 Resolution approving an amendment to Planned Development P-D (247) to allow for commercial development that would include food truck commissary, parking, and manufacturing/repair services on property located at 2301 Crows Landing Road.
 Resolution finding that the following subsequent project is within the scope of the project covered by the Modesto Urban Area General Plan Master Environmental Impact Report (SCH No 2014042081): an amendment to Planned Development P-D (247) to allow commercial development that would include food truck commissary parking, and manufacturing/repair services on property located at 2301 Crows Landing Road.

CED; Paul Liu, 209-577-5282, [email protected]
ACTION: (Madrigal/Escutia-Braaton; 6/0) Resolution 2022-321 approving an amendment to Planned Development P-D (247) to allow for commercial development that would include food truck commissary, parking, and manufacturing/repair services on property located at 2301 Crows Landing Road.

ACTION: (Wright/Madrigal; 6/0) Resolution 2022-322 finding that the following subsequent project is within the scope of the project covered by the Modesto Urban Area General Plan Master Environmental Impact Report (SCH No 2014042081): an amendment to Planned Development P-D (247) to allow commercial development that would include food truck commissary parking, and manufacturing/repair services on property located at 2301 Crows Landing Road.

NEW BUSINESS

29. Consider approving a Master Property Tax Revenue Agreement with Stanislaus County. (Funding Source: General Fund)
#7..
- 84 -
- 15 -
7/12/2022 5:30:00 PM
 Resolution approving a Master Property Tax Revenue Agreement with Stanislaus County.

BUDGET; Steve Christensen, 209-577-5390, [email protected] ACTION: (Escutia-Braaton/Wright; 6/0) Resolution 2022-323 approving a Master Property Tax Revenue Agreement with Stanislaus County.

30. Consider approving a Blight Abatement Pilot Program and the “Modesto Mo’ Beautiful” Slogan for education and outreach on blight abatement programs in accordance with the 2020-2025 Blight Abatement Strategy, and allocating $750,000 in America Rescue Plan Act funding toward blight abatement efforts, and amending the position allocation plan for the Fiscal Year 2021-2022 as adopted in the operating budget. (Funding Source: America Rescue Plan Funding)
 Resolution approving a Blight Abatement Pilot Program and the “Modesto Mo’ Beautiful” Slogan for education and outreach on blight abatement programs in accordance with the 2020-2025 Blight Abatement Strategy, and allocating $750,000 in America Rescue Plan Act funding toward blight abatement efforts.  Resolution approving an American Rescue Plan Act (ARPA) Homeowner Rehabilitation Program Policy defining the structure of the program, and allocating $250,000 from the $750,000 allocation in American Rescue Plan funds for the Blight Abatement Pilot Program.
 Resolution amending the position allocation for the Fiscal Year 2021-2022 as adopted in the operating budget.

CITY MANAGER; Scotty Douglass, 209-577-9149, [email protected] ACTION: (Wright/Ricci; 6/0) Resolution 2022-324 approving a Blight Abatement Pilot Program and the “Modesto Mo’ Beautiful” Slogan for education and outreach on blight abatement programs in accordance with the 2020-2025 Blight Abatement Strategy, and allocating $750,000 in America Rescue Plan Act funding toward blight abatement efforts.

ACTION: (Wright/Ricci; 6/0) Resolution 2022-325 approving an American Rescue Plan Act (ARPA) Homeowner Rehabilitation Program Policy defining the structure of the program, and allocating $250,000 from the $750,000 allocation in American Rescue Plan funds for the Blight Abatement Pilot Program.

ACTION: (Wright/Ricci; 6/0) Resolution 2022-326 amending the position allocation for the Fiscal Year 2021-2022 as adopted in the operating budget.

31. Consider approving the City’s Pandemic Recovery Strategy, Modesto Forward, for the use of the second allocation of American Rescue Plan funds and authorizing the City Manager, or his designee, to carry out the necessary steps to implement the programs and funding allocations. (Funding Source: American Rescue Plan Act)  Resolution approving the City’s Pandemic Recovery Strategy, Modesto Forward, for the use of the second allocation of American Rescue Plan funds #7..
- 85 -
- 16 -
7/12/2022 5:30:00 PM
and authorizing the City Manager, or his designee, to carry out the necessary steps to implement the programs and funding allocations.

CITY MANAGER; Allison Van Guilder, 209-577-5228, [email protected] ACTION: (Wright/Ricci; 6/0) Resolution 2022-327 approving the City’s Pandemic Recovery Strategy, Modesto Forward, for the use of the second allocation of American Rescue Plan funds and authorizing the City Manager, or his designee, to carry out the necessary steps to implement the programs and funding allocations.

32. Consider accepting an update on the 2021 Stanislaus Regional Strategic Plan to Address Homelessness and approving the direction of the implementation plan. (Funding Source: Not applicable)
 Resolution accepting an update on the 2021 Stanislaus Regional Strategic Plan to address Homelessness and approving the direction of the implementation plan.

CED; Jessica Hill, 209-577-5321, [email protected]
ACTION: (Ricci/Escutia-Braaton; 6/0) Resolution 2022-328 accepting an update on the 2021 Stanislaus Regional Strategic Plan to address Homelessness and approving the direction of the implementation plan.

33. Consider approving a pilot Safe Parking Program at the parking lot located at 9th and B Streets (APN: 106-047-003) for a maximum of 25 vehicles, and authorizing the City Manager, or his designee, to negotiate and execute necessary Agreements with the County of Stanislaus, Salvation Army, and Stanislaus Food Products (SFP) for the use of the site as a Safe Parking Program. (Funding Source: American Rescue Plan Act Funding)
 Resolution approving a pilot Safe Parking Program at the parking lot at 9th and B Streets (APN: 106-047-003) for a maximum of 25 vehicles, and authorizing the City Manager to negotiate execute necessary Agreements with the County of Stanislaus, Salvation Army, and Stanislaus Foods for the use of the site for this pilot Safe Parking Program.

CED; Jessica Hill, 209-571-5101, [email protected]
ACTION: (Ricci/Escutia-Braaton; 6/0) Resolution 2022-329 approving a pilot Safe Parking Program at the parking lot at 9th and B Streets (APN: 106-047-003) for a maximum of 25 vehicles, and authorizing the City Manager to negotiate execute necessary Agreements with the County of Stanislaus, Salvation Army, and Stanislaus Foods for the use of the site for this pilot Safe Parking Program.

MATTERS TOO LATE FOR THE AGENDA
None.

ADJOURNMENT
This meeting adjourned at 8:29 PM.
#7..
- 86 -
- 17 -
7/12/2022 5:30:00 PM
Closed Session Items heard prior to meeting.

CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
(Pursuant to Section 54956.8 of the Government Code)
Property: 7001 Jennings Rd., Modesto CA 95358 – APN 022-001-002 Property Owners: City of Modesto
Negotiating Parties:

For City: Bill Sandhu, Public Works Director
Jose M. Sanchez, City Attorney
For Owner: Scott Gardner, Chief Commercial Officer
Under Negotiation: Price and Terms of a Site Lease Option Agreement

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Section 54957 of the Government Code)
Title: City Clerk

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Jeremy Davis v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ12156935, ADJ14179967
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Three Cases (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Cherry v. City of Modesto
Case No. 1:18-CV-01268
Chipponeri v. City of Modesto
Case No. 2028661
City of Modesto, et al. v. The Dow Chemical Company, et al. (PCE)
Court of Appeals of the State of California, Appeal Case No:

A134419
Attest:____________________________
Diane Nayares-Perez, City Clerk
#7..
- 87 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

August 9, 2022
Date: August 2, 2022
TO: Mayor & City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jose M. Sanchez, City Attorney
CONTACT: Jose M. Sanchez, City Attorney, 209-577-5284, [email protected] DESCRIPTION:

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

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

BACKGROUND:

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

All meetings of the City Council and the City’s other legislative bodies are open and public, as required by the Ralph M. Brown Act, Government Code section 54950 et seq., so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business. On March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means in order to slow the spread of COVID-19. As a result of Executive Order N-29-20, staff set up virtual meetings for all City Council meetings and other City legislative bodies. On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which, effective September 30, 2021, ended the provisions of Executive Order N-29-20 that allowed local legislative bodies to conduct meetings telephonically or by other means.
#8..
- 88 -
City Council, August 9, 2022
Assembly Bill 361-Continued Remote Teleconference Meetings

DISCUSSION:

On September 16, 2021, the Governor signed Assembly Bill (AB) 3611 (2021) which allows for local legislative bodies to continue to conduct meetings via teleconferencing under specified conditions and includes a requirement that the City Council make specified findings. AB 361 took effect immediately. In addition to other circumstances, the City and its legislative bodies will be allowed to continue to meet remotely during a declared state of emergency when state or local health officials have imposed or recommended measures to promote social distancing, or when the Council finds that meeting in person would present imminent risks to the health or safety of attendees.

On Tuesday, September 28, 2021, the City Council adopted Resolution No. 2021-370, finding that a state of emergency exists and that the County of Stanislaus Health Officer had imposed and recommended social distancing measures for residents within the City. On Tuesday, October 5, 2021, the City Council held their first meeting in accordance with the requirements of Government Code section 54953(e).

In order to continue to hold remote meetings, the City Council must reconsider the state of emergency and declare every 30 days that either (i) the state of emergency continues to directly impact the ability of the members to meet safely in person, or (ii) State or local officials continue to impose or recommend measures to promote social distancing.

The City has reconsidered the state of emergency, as declared by the Governor, which continues in existence. In addition, health officials continue to recommend measures to slow the spread of COVID-19. The Stanislaus County Public Health Services Agency still strongly recommends community members to wear a mask in any indoor public place, along with other recommendations that promote social distancing in indoor spaces. These measures can be found here: http://schsa.org/coronavirus/guidances/face-coverings/.

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

FISCAL IMPACT:

There is no cost associated with this item.

COMMITTEE RECOMMENDATION:

This agenda item was not presented to a Council Committee.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution continuing to authorize remote teleconference meetings of the City of Modesto pursuant to Assembly Bill 361.
1 Assembly Bill No. 361 - An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and to add and repeal Section 11133 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB361 #8..
- 89 -
City Council, August 9, 2022
Assembly Bill 361-Continued Remote Teleconference Meetings

Approved by:

Jose M. Sanchez, City Attorney
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Assembly Bill 361
#8..
- 90 -

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XX

RESOLUTION CONTINUING TO AUTHORIZE REMOTE

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

Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City conduct their business; and WHEREAS, on March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of the novel coronavirus disease 2019 (“COVID-19”); and WHEREAS, on March 19, 2020, the City Council adopted Resolution Number 2020-140, ratifying the proclamation of a local emergency by the Director of Emergency Services due to COVID-19; and
WHEREAS, on March 17, 2020, in response to the COVID-19 pandemic, Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow local legislative bodies to conduct meetings telephonically or by other means; and
WHEREAS, on June 11, 2021, Governor Newsom issued Executive Order N-08- 21, which, effective September 30, 2021, repealed the provisions of Executive Order N29-20 that allowed local legislative bodies to conduct meetings telephonically or by other means; and
#8..
- 91 -
WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill 361 (2021) (“AB 361”), which allows for remote teleconferencing participation in meetings by members of a legislative body without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and WHEREAS, a required condition of AB 361 is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and
WHEREAS, AB 361 further requires that state or local officials have imposed or recommended measures to promote social distancing, or, that the legislative body meeting in person would present imminent risks to the health and safety of attendees; and WHEREAS, on September 28, 2021, the City Council adopted Resolution No. 2021-370 authorizing remote teleconference meetings pursuant to AB361 (Government Code section 54953(e)); and
WHEREAS, the City is required to make certain findings every thirty (30) days to continue teleconferencing under Government Code section 54953(e)(3), including reconsideration of the state of emergency declared by the Governor pursuant to Government Code section 8625, and whether State or local officials continue to impose or recommend measures to promote social distancing; and #8..
- 92 -
WHEREAS, the City Council has considered the circumstances of the Governor’s state of emergency proclamation pursuant to Government Code section 8625, which remains active; and
WHEREAS, on March 8, 2022, the County of Stanislaus Board of Supervisors terminated the Declaration of a Local Health Emergency that was issued on March 11, 2020; and
WHEREAS, the Stanislaus County Public Health Services Agency still strongly recommends community members to wear a mask while in “any indoor public space” along with other recommendations intended to promote social distancing measures; and WHEREAS, the City Council, acting for itself and for the benefit of all of the City’s commissions, committees, and other bodies (collectively referred to as the “Legislative Bodies”), does hereby find that the Legislative Bodies shall continue to conduct their meetings without compliance with Government Code section 54953(b)(3), as authorized by Government Code section 54953(e), and that the Legislative Bodies shall continue to comply with the requirements to provide the public with access to the meetings as prescribed in Government Code section 54953(e)(2) as a consequence of the ongoing state of emergency and the continued social distancing measures required by local officials.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MODESTO DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
#8..
- 93 -
Section 2. Consideration of State of Emergency. The City Council has considered the conditions of the state of emergency declared pursuant to Government Code section 8625, and determined that such emergency conditions continue to be present in the City.

Section 3. Continued Social Distancing Measures by State and Local Officials.

The City Council finds that the County of Stanislaus Health Officer’s recommended measures to promote social distancing remain in effect.

Section 4. Remote Teleconference Meetings. The City Council finds that the conditions continue to exist pursuant to Government Code section 54953(e)(3) to allow Legislative Bodies to use teleconferencing to hold public meetings in accordance with Government Code section 54953(e)(2) to ensure members of the public have continued access to safely observe and participate in local government meetings.

The foregoing Resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 9th day of August 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: Council Members:

NOES: Council Members:

ABSENT: Council Members:

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

BY: _________________________________
JOSE M. SANCHEZ, City Attorney
#8..
- 94 -
Assembly Bill No. 361
CHAPTER 165
An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and to add and repeal Section 11133 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately.
[Approved by Governor September 16, 2021. Filed with
Secretary of State September 16, 2021.]
legislative counsel’s digest
AB 361, Robert Rivas. Open meetings: state and local agencies:
teleconferences.
(1)  Existing law, the Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to directly address the legislative body on any item of interest to the public.

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

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

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

92 #8..
- 95 -
resolving requests for reasonable accommodation for individuals with disabilities, as specified.

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

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

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

Existing law prohibits a legislative body from requiring, as a condition to attend a meeting, a person to register the person’s name, or to provide other information, or to fulfill any condition precedent to the person’s attendance.
92 Ch. 165 — 2 —
#8..
- 96 -
This bill would exclude from that prohibition, a registration requirement imposed by a third-party internet website or other online platform not under the control of the legislative body.
(2)  Existing law, the Bagley-Keene Open Meeting Act, requires, with specified exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The act requires at least one member of the state body to be physically present at the location specified in the notice of the meeting.

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

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

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

This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a legislative body, as defined for purposes of the act, to hold public meetings through teleconferencing and 92 — 3 — Ch. 165
#8..
- 97 -
to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. With respect to a legislative body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the legislative body at each teleconference location.

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

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

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

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

SECTION 1. Section 89305.6 is added to the Education Code, to read:
89305.6. (a)  Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a legislative body may hold public meetings through teleconferencing 92 Ch. 165 — 4 —
#8..
- 98 -
and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body.
(b)  (1)  For a legislative body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the legislative body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2)  For a legislative body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A)  Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding.
(B)  Each teleconference location be accessible to the public. (C)  Members of the public may address the legislative body at each teleconference conference location.
(D)  Post agendas at all teleconference locations.
(E)  At least one member of the legislative body be physically present at the location specified in the notice of the meeting.
(c)  A legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. A legislative body need not make available any physical location from which members of the public may observe the meeting and offer public comment.
(d)  If a legislative body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the legislative body shall also do both of the following:
(1)  Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
(2)  Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e).
(e)  Except to the extent this section provides otherwise, each legislative body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1)  Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
92 — 5 — Ch. 165
#8..
- 99 -
(2)  In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a legislative body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the legislative body’s internet website.
(f)  All legislative bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to legislative body meetings.
(g)  This section shall remain in effect only until January 31, 2022, and as of that date is repealed.

SEC. 2. Section 11133 is added to the Government Code, to read:
11133. (a)  Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a state body may hold public meetings through teleconferencing and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body.
(b)  (1)  For a state body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the state body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2)  For a state body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A)  Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding.
(B)  Each teleconference location be accessible to the public. (C)  Members of the public may address the state body at each teleconference conference location.
(D)  Post agendas at all teleconference locations.
(E)  At least one member of the state body be physically present at the location specified in the notice of the meeting.
(c)  A state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically 92 Ch. 165 — 6 —
#8..
- 100 -
or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the state body allow members of the public to attend the meeting and offer public comment. A state body need not make available any physical location from which members of the public may observe the meeting and offer public comment.
(d)  If a state body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the state body shall also do both of the following:
(1)  Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
(2)  Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e).
(e)  Except to the extent this section provides otherwise, each state body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1)  Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as applicable.
(2)  In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a state body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the state body’s internet website.
(f)  All state bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to state body meetings.
(g)  This section shall remain in effect only until January 31, 2022, and as of that date is repealed.

SEC. 3. Section 54953 of the Government Code is amended to read:
92 — 7 — Ch. 165
#8..
- 101 -
54953. (a)  All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter.
(b)  (1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)  Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3)  If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4)  For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c)  (1)  No legislative body shall take action by secret ballot, whether preliminary or final.
(2)  The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)  Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
92 Ch. 165 — 8 —
#8..
- 102 -
(d)  (1)  Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2)  Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3)  For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e)  (1)  A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A)  The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
(B)  The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(C)  The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(2)  A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A)  The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(B)  The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. 92 — 9 — Ch. 165
#8..
- 103 -
In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C)  The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D)  In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E)  The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.

This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F)  Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. (G)  (i)  A legislative body that provides a timed public comment period for each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has elapsed.
(ii)  A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register pursuant to subparagraph (F), or otherwise be recognized for the purpose of providing public comment. (iii)  A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item shall not close the public comment period or the opportunity to register, pursuant to subparagraph (F), until the timed general public comment period has elapsed. 92 Ch. 165 — 10 —
#8..
- 104 -
(3)  If a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without compliance with paragraph (3) of subdivision (b), the legislative body shall, not later than 30 days after teleconferencing for the first time pursuant to subparagraph (A), (B), or (C) of paragraph (1), and every 30 days thereafter, make the following findings by majority vote:
(A)  The legislative body has reconsidered the circumstances of the state of emergency.
(B)  Any of the following circumstances exist:
(i)  The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii)  State or local officials continue to impose or recommend measures to promote social distancing.
(4)  For the purposes of this subdivision, “state of emergency” means a state of emergency proclaimed pursuant to Section 8625 of the California Emergency Services Act (Article 1 (commencing with Section 8550) of Chapter 7 of Division 1 of Title 2).
(f)  This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 3.1. Section 54953 of the Government Code is amended to read:
54953. (a)  All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency in person, except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
(b)  (1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)  Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3)  If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body 92 — 11 — Ch. 165
#8..
- 105 -
shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivisions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4)  For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c)  (1)  No legislative body shall take action by secret ballot, whether preliminary or final.
(2)  The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)  Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d)  (1)  Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2)  Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3)  For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter 92 Ch. 165 — 12 —
#8..
- 106 -

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e)  (1)  A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legislative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A)  The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
(B)  The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(C)  The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(2)  A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A)  The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(B)  The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3.

In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C)  The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D)  In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E)  The legislative body shall not require public comments to be submitted in advance of the meeting and must provide an opportunity for 92 — 13 — Ch. 165
#8..
- 107 -
the public to address the legislative body and offer comment in real time.

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

SEC. 4. Section 54953 is added to the Government Code, to read:
54953. (a)  All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting 92 Ch. 165 — 14 —
#8..
- 108 -
of the legislative body of a local agency, except as otherwise provided in this chapter.
(b)  (1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)  Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3)  If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4)  For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations
(c)  (1)  No legislative body shall take action by secret ballot, whether preliminary or final.
(2)  The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)  Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d)  (1)  Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, 92 — 15 — Ch. 165
#8..
- 109 -
members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2)  Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3)  For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter

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

SEC. 4.1. Section 54953 is added to the Government Code, to read:
54953. (a)  All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, in person except as otherwise provided in this chapter. Local agencies shall conduct meetings subject to this chapter consistent with applicable state and federal civil rights laws, including, but not limited to, any applicable language access and other nondiscrimination obligations.
(b)  (1)  Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2)  Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3)  If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the 92 Ch. 165 — 16 —
#8..
- 110 -
legislative body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, except as provided in subdivision (d). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4)  For the purposes of this section, “teleconference” means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c)  (1)  No legislative body shall take action by secret ballot, whether preliminary or final.
(2)  The legislative body of a local agency shall publicly report any action taken and the vote or abstention on that action of each member present for the action.
(3)  Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public’s right under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
(d)  (1)  Notwithstanding the provisions relating to a quorum in paragraph (3) of subdivision (b), if a health authority conducts a teleconference meeting, members who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconference if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2)  Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3)  For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint 92 — 17 — Ch. 165
#8..
- 111 -
powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter

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

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

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

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

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

SEC. 8. (a)  The Legislature finds and declares that during the COVID-19 public health emergency, certain requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) were suspended by Executive Order N-29-20. Audio and video teleconference were widely used to conduct public meetings in lieu of physical location meetings, and public meetings conducted by teleconference during the COVID-19 public health emergency have been productive, have increased public participation by all members of the public regardless of their location in the state and ability to travel to physical meeting locations, have protected the health and safety of civil servants and the public, and have reduced travel costs incurred by members of state bodies and reduced work hours spent traveling to and from meetings.
92 Ch. 165 — 18 —
#8..
- 112 -
(b)  The Legislature finds and declares that Section 1 of this act, which adds and repeals Section 89305.6 of the Education Code, Section 2 of this act, which adds and repeals Section 11133 of the Government Code, and Sections 3 and 4 of this act, which amend, repeal, and add Section 54953 of the Government Code, all increase and potentially limit the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
(1)  By removing the requirement that public meetings be conducted at a primary physical location with a quorum of members present, this act protects the health and safety of civil servants and the public and does not preference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location. (2)  By removing the requirement for agendas to be placed at the location of each public official participating in a public meeting remotely, including from the member’s private home or hotel room, this act protects the personal, private information of public officials and their families while preserving the public’s right to access information concerning the conduct of the people’s business.

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

The facts constituting the necessity are:

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

O
92 — 19 — Ch. 165
#8..
- 113 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

August 9, 2022
Date: July 15, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jaylen French, Director of Community and Economic Development SUBJECT: First Amendment to the Agreement with Brenda Davis Law Group for the Development of a Cannabis Equity Program
CONTACT: Jorge T. Barrera, J.D., Economic Development Manager, [email protected], (209) 571-5179
DESCRIPTION:

Consider approving a First Amendment to the Agreement with Brenda Davis Law Group to provide cannabis equity consulting services for the development of a cannabis equity program, increasing the agreement amount by $49,050 from $40,000 to a new total of $89,050. (Funding Source: GO-Biz Cannabis Equity Grant Funds and General Fund).

STRATEGIC PLAN ELEMENT:

Expanding opportunity and reducing barriers to enter the regulated commercial cannabis market promotes economic vitality consistent with the City Council 2020-2025 Strategic Plan Goal E, Drive Economy Vitality.

BACKGROUND:

In November 2016, California voters approved Proposition 64, the Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA). In its statement of purpose and intent, AUMA calls for regulating cannabis in a way that “reduces barriers to entry into the legal, regulated market.” Although a legal framework now exists to participate in the adult-use commercial cannabis industry, barriers to start a commercial cannabis business may still exclude some Modesto entrepreneurs from entering the legal cannabis market.

Individuals convicted of a cannabis offense during the era of prohibition and criminalization policies have a more difficult time entering the new adult-use cannabis industry due, in part, to a lack of access to capital, business space, technical support, and regulatory compliance assistance. The State of California’s Cannabis Equity Grants program for Local Jurisdictions is designed to promote economic opportunity for individuals negatively impacted by former cannabis prohibition and criminalization policies by reducing barriers to enter the regulated cannabis industry for equity applicants and licensees.
#9..
- 114 -
City Council, August 9, 2022
First Amendment with Brenda Davis Law Group for Development of a Cannabis Equity Program

The Bureau of Cannabis Control (BCC), in partnership with the Governor’s Office of Business and Economic Development (GO-Biz) in FY 2020-2021, allocated $15,000,000 to fund the Cannabis Equity Grants program for Local Jurisdictions through two types of applications with specific funding requirements for each. The award of funds for a Type 1 application may only be used for the purposes of conducting an equity assessment and/or developing an equity program. Assessments are conducted prior to the development of a program to help inform the needs of the program. The award of funds for a Type 2 application may only be used for the purpose of assisting equity applicants gain entry to the regulated cannabis marketplace by providing measures to help mitigate the barriers identified in the assessment.

On January 26, 2021, by Resolution 2021-024, Council approved directing staff to submit a Type 1 application for grant funding. In March 2021, GO-Biz announced the City of Modesto Type 1 application was selected for funding in the amount of $75,000. On April 27, 2021, the Modesto City Council approved Resolution 2021-156 authorizing the City Manager to execute a grant agreement to accept the $75,000 grant to conduct a cannabis equity assessment and develop a cannabis equity program.

DISCUSSION:

After receiving the Cannabis Equity Grant, City staff began efforts to conduct and draft an objective equity assessment as a first step to developing a Cannabis Equity Program. The City sought the services of HdL Companies and California State University Stanislaus (CSUS) to assist staff in these efforts. HdL Companies has experience and expertise related to cannabis business permitting, financial and regulatory processes. They currently provide the City ongoing administration and monitoring of permitted cannabis businesses located in the city including compliance inspections and annual financial audits.

The work performed by HdL Companies and CSUS included the collection and analysis of data to help identify individuals and populations that were adversely and disproportionally impacted by the prohibition of cannabis. An objective assessment could not be performed however, because available arrest data was permanently removed from the City’s database in compliance with State law. As a result, the City pivoted and sought to perform a subjective assessment instead.

The City engaged with an equal rights community group interested in helping to ensure the inclusion of individuals in our city linked to populations or neighborhoods negatively or disproportionately impacted by cannabis criminalization. At the suggestion of the community group, the City considered seeking and entering a contract with a cannabis equity consultant to help build upon the City’s initial assessment efforts. This added resource would include lived experience interviews from impacted individuals to support the preparation of a subjective assessment.

On December 22, 2021, the City released a Request for Proposals (RFP) soliciting proposals from qualified consulting firms and/or individuals, with demonstrated experience in providing cannabis equity consulting services to conduct a cannabis equity assessment and develop a cannabis equity program. The RFP solicitation yielded one response, and after a thorough interdepartmental review of the proposal, the City selected Brenda Davis Law Group, because of the businesses’ demonstrated experience in the assessment and development of cannabis equity programs.
#9..
- 115 -
City Council, August 9, 2022
First Amendment with Brenda Davis Law Group for Development of a Cannabis Equity Program

The City entered into an agreement with Brenda Davis Law Group on March 17, 2022, for an amount not to exceed $40,000 for services to develop the first part of the Cannabis Equity Program—the Assessment. The duties include the preparation of an equity assessment that consists of community outreach and consensus building amongst individuals and communities that may have been disproportionally impacted by the prior cannabis prohibition. Although staff included program development in the initial RFP, the delivery of these services were held from the agreement until the performance of the assessment.

Since this time, there has been equity assessment data and information captured from a community survey, two community orientation meetings, and lived experience interviews determining there is an interest in the development of an equity program. Community support for a program has been obtained as well, leading to a decision to expand the scope of work in the Agreement with the Brenda Davis Law Group to continue the development of a program.

Additional cannabis consulting services with the Brenda Davis Law Group will assist the City with include the following tasks:
 Identify and evaluate barriers to entry into cannabis business and prioritize program responses to address issues in the cannabis equity assessment.  Coordinate ongoing multicultural community outreach.
 Coordinate asset mapping, focus groups, survey, and key person interviews to identify financial and other business needs and resources, as needed.  Identify and prepare an outline of stakeholder education needs.  Develop framework for delivery of business development services and public policy review.
 Provide analysis and reporting on equity assessment findings and eligibility considerations.
 Develop checklist for eligibility documentation for equity stakeholders and outline review process.
 Prepare outline of program plan development/support.
 Provide recommendations for City Council to consider in the adoption of a cannabis equity program.

Cannabis equity programs vary as each program is tailored to fit the specific needs of the community based on the results of the equity assessment. Utilization of the assessment information and data, in conjunction with input gathered from community groups and key person interviews will help to determine possible qualifying criteria and potential services a cannabis equity program may include. Examples include, but are not limited to, the following:
 Small business support services to individuals from communities that experienced high rates of poverty and/or communities most harmed by cannabis prohibition.  Tiered fees or fee waivers for cannabis-related permits and licenses.  Assistance in paying state regulatory and licensing fees.  Assistance securing business locations prior to or during the application process.  Assistance securing capital investments or direct access to capital.  Assistance with regulatory compliance.
 Assistance in recruitment, training, and retention of a qualified and diverse workforce. #9..
- 116 -
City Council, August 9, 2022
First Amendment with Brenda Davis Law Group for Development of a Cannabis Equity Program

The Brenda Davis Law Group has overall familiarity with cannabis equity and an underlying understanding of the scope of services needed to develop a program that will meet the terms of the grant agreement between the City and GO-Biz.

In accordance with Modesto Municipal Code 8-3.204(a), Exceptions for Formal Bidding Requirements, this agreement is for professional services, and therefore, exempt from the bid requirement. Furthermore, the initial proposal submitted by the Brenda Davis Law Group included scope and cost associated with program development and the additional services being sought. Staff recommends approval of the amendment with the Brenda Davis Law Group so that the consultant may continue the development of a cannabis equity program based on the information and data gained from the completion of the assessment phase.

It is anticipated that GO-Biz may issue subsequent grant funding opportunities for Cannabis Equity Grants Program for Local Jurisdictions. Although there has not been an issuance of a Notice of Funding Available (NOFA) for the next round of funding, GO-Biz has indicated a NOFA may be made by the end of the year. The City may consider the submittal of a Type 2 application when this opportunity becomes available to seek additional grant funds to assist equity applicants gain entry to the regulated cannabis marketplace.

FISCAL IMPACT:

To continue the development of a cannabis equity program, the City requires a First Amendment to the Agreement with the Brenda Davis Law Group increasing the agreement amount by $49,050 from $40,000 to a total of $89,050. The increase amount of $49,050 includes an amount not to exceed $4,050 for the reimbursement of miscellaneous indirect costs incurred in addition to the time and services by the consultant. The proposed funding sources to pay for this increase are approximately $30,500 in remaining GO-Biz Cannabis Equity Grant Funds and approximately $18,550 in General Fund Community Economic Development (CED) FY2021-22 Salary and Benefits Savings.

COMMITTEE RECOMMENDATION:

This item has not been reviewed by Committee.

STAFF RECOMENDATION:

Resolution approving a First Amendment to the Agreement with Brenda Davis Law Group to provide cannabis equity consulting services for the development of a cannabis equity program, increasing the agreement amount by $49,050 from $40,000 to a total of $89,050 and authorizing the City Manager, or his designee, to execute the amendment.

Approved by:

Jaylen French,
Director of Community and Economic Development
Joseph P. Lopez, City Manager
#9..
- 117 -
City Council, August 9, 2022
First Amendment with Brenda Davis Law Group for Development of a Cannabis Equity Program

Attachments:

1. Resolution

2. First Amendment to Agreement with Brenda Davis Law Group

3. Exhibit to First Amendment – Scope of Work

4. Executed Agreement with Brenda Davis Law Group
#9..
- 118 -
8/9/22/CEDD/Jorge Barrera 1 2022-xx

MODESTO CITY COUNCIL
RESOLUTION NO. 2022-XXX

RESOLUTION APPROVING A FIRST AMENDMENT TO THE AGREEMENT

WITH BRENDA DAVIS LAW GROUP TO PROVIDE CANNABIS EQUITY

CONSULTING SERVICES FOR THE DEVELOPMENT OF A CANNABIS
EQUITY PROGRAM, INCREASING THE AGREEMENT AMOUNT BY $49,050 FROM $40,000 TO A TOTAL OF $89,050 AND AUTHORIZING THE CITY

MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AMENDMENT
WHEREAS, the members of the California Legislature have recognized the need for cannabis equity grant funding; and
WHEREAS, funding has been provided to the Governor’s Office of Business and Economic Development (GO-Biz) to provide grant funds to local governments pursuant to AB 97 (Stats. 2019, Ch. 40); and
WHEREAS, the City Council of the City of Modesto supports the development of a local equity program; and
WHEREAS, City Council Resolution 2021-024 approved the submittal of an application for grant funding to GO-Biz to conduct a cannabis equity assessment and/or assist the development of a local equity program; and
WHEREAS, the City grant application submitted to GO-Biz was selected for grant funding in the amount of $75,000; and
WHEREAS, to expend grant funds from GO-Biz to conduct a cannabis equity assessment and/or assist the development of a local equity program, on December 22, 2021, the City released a Request for Proposal (RFP) soliciting qualifications from qualified consulting firms and/or individuals, with demonstrated experience in providing cannabis equity consulting services; and
#9..
- 119 -
8/9/22/CEDD/Jorge Barrera 2 2022-xx
WHEREAS, the RFP solicitation process yielded one response, and after a thorough interdepartmental review of the proposals, the City selected the Brenda Davis Law Group because of their demonstrated experience in providing cannabis equity consulting services to conduct a cannabis equity assessment and develop a cannabis equity program; and
WHEREAS, under the City Manager’s authority, the City entered into an agreement with the Brenda Davis Law Group on March 17, 2022 for a not to exceed amount of $40,000, and prepare an equity assessment that consists of community outreach and consensus building amongst individuals and communities that may have been disproportionally impacted by the prior cannabis prohibition; and WHEREAS, equity assessment data and information captured reveals a community interest in the development of an equity program; and WHEREAS, based on these findings, the City recommends moving forward with an amendment to the agreement with the Brenda Davis Law Group to continue cannabis equity consulting services to develop a cannabis equity program; and WHEREAS, the Municipal Code generally requires contracts over $50,000 to comply with formal bidding procedures. This agreement is for professional services and is therefore exempt from the public bidding requirement pursuant to Modesto Municipal Code section 8-3.204(a); and
WHEREAS, to continue this agreement to develop a cannabis equity program, the City requires a First Amendment to the agreement increasing the agreement amount by $49,050 from $40,000 for a total of $89,050.
#9..
- 120 -
8/9/22/CEDD/Jorge Barrera 3 2022-xx
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Modesto that it hereby approves a First Amendment to an Agreement with Brenda Davis Law Group to provide cannabis equity consulting services for the development of a cannabis equity program, increasing the agreement amount by $49,050 from $40,000 to a total of $89,050.

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

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 9th day of August 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 vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

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

BY: __________________________________________
JOSE M. SANCHEZ, City Attorney
#9..
- 121 -
-1

FIRST AMENDMENT

TO STANDARD AGREEMENT

FOR CONSULTANT SERVICES
THIS FIRST AMENDMENT, made and entered into in the City of Modesto, State of California, this _ day of , 2022, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and Brenda Davis Law Group, a California corporation, hereinafter referred to as "Consultant". Collectively City and Consultant may be referred to as “Parties”.

This FIRST AMENDMENT is made with regard to the following recitals:

A. The City and Consultant entered into a standard agreement for consultant services dated March 17, 2022, to provide cannabis equity consulting services (the “AGREEMENT”).

B. The City desires to expand the scope of services of the AGREEMENT to perform additional cannabis equity program development services.

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

NOW, THEREFORE, in consideration of this FIRST AMENDMENT, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:
#9..
- 122 -
-2

1. SCOPE OF SERVICES
The Scope of Services contained in Exhibit “A” to the AGREEMENT is hereby amended to include those services set forth in Exhibit “A” to this First Amendment, attached hereto and incorporated herein.

2. COMPENSATION.

Section 3, “Compensation”, of the AGREEMENT is amended to increase the total compensation for Consultant by $49,050 for a total amount of not to exceed $89,050, and to read in its entirety as follows:
“Consultant agrees to accept a sum not to exceed $85,000 as remuneration for performing time and services described in Exhibit "A". Consultant further agrees to accept payment and the City of Modesto agrees to reimburse Consultant for miscellaneous indirect costs incurred in addition to the time and services remuneration for performance by Consultant of all of its duties and obligations under this Agreement in an amount not to exceed $4,050 for a total compensation amount not to exceed $89,050. Reimbursement of indirect costs shall be based on prior written approval from City of Modesto along with the submittal of documentation acceptable to the City of Modesto to support incurred indirect costs by Consultant. Acceptable documentation may include, but is not limited to, vendor agreements, invoices, and receipts.”

3. EFFECT OF AMENDMENT.

Except as modified and amended by this FIRST AMENDMENT to the AGREEMENT, all other provisions of the AGREEMENT shall remain unchanged and in full force and effect.

IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has #9..
- 123 -
-3
authorized the execution of this Amendment for Consultant Services in duplicate by its City Manager and attestation by its City Clerk, under authority of Resolution No. ______ on the _______day of_______ , 2022, and Brenda Davis Law Group has caused this Agreement to be duly executed in duplicate as of the Effective Date. #9..
- 124 -
Exhibit A
City of Modesto
Cannabis Local Equity Program Development Services
Scope of Work
Brenda Davis Law Group will provide services to assist the City of Modesto with completion of the following tasks:

1. Identify and evaluate barriers to entry into cannabis business and prioritize program responses to address issues in the Cannabis Equity Assessment.

2. Coordinate ongoing multicultural community outreach.

3. Coordinate asset mapping, focus groups, survey, and key person interviews to identify financial and other business needs and resources, as needed.

4. Identify and prepare an outline of stakeholder education needs.

5. Develop framework for delivery of business development services and public policy review.

6. Provide analysis and reporting on equity assessment findings and eligibility considerations.

7. Develop checklist for eligibility documentation for equity stakeholders and outline review process.

8. Prepare outline of program plan development/support.

9. Provide recommendations for City Council to consider in the adoption of a cannabis equity program.
#9..
- 125 -
-1

STANDARD AGREEMENT

FOR CONSULTANT SERVICES
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this 17th day of March, 2022, by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and Brenda Davis Law Group, a California corporation, hereinafter referred to as "Consultant". Collectively . This Agreement is made with regard to the following recitals:

A. The City has determined a need for a consultant to help complete its cannabis equity assessment.

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

NOW, THEREFORE, in consideration of this Agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the Parties agree as follows:

1. SCOPE OF SERVICES.

Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached hereto and referred to as Exhibit "A" or "Project". The Consultant shall perform the services as described in Exhibit "A" in a manner compatible with the standards of its profession, and shall produce a fully complete Project that is acceptable to City.

2. TERM OF AGREEMENT.

This Agreement is effective as of the date first written above and will continue in effect until City's acceptance of and payment for all services authorized by City and #9..
- 126 -
-2
performed by Consultant in relation to the Project, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.

Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents commonly referred to as P attached hereto as Exhibit "A" and made a part hereof. City hereby gives Consultant notice to proceed with the completion of the Project in the manner described in Exhibit "A", as of the Effective Date of this Agreement. Consultant shall diligently proceed with the Project and agrees to complete said Project within the time period set forth in Exhibit "A".

3. COMPENSATION.

Consultant agrees to accept a sum not to exceed $40,000 as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A" and for performance by Consultant of all of its duties and obligations under this Agreement.

4. OBLIGATIONS OF CONSULTANT.

Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business.

Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow #9..
- 127 -
-3
the best current, generally accepted, and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this Project.

5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that Brenda Davis, will be the person primarily responsible for the performance of the services referred to in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that twenty-five percent (25%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

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

Title to Data
If, as a part of this Agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this Agreement will be delivered to City upon the completion or termination of services under this Agreement.

All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all #9..
- 128 -
-4
times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Consultant after termination of this Agreement without written consent of the City.

7. NEWS AND INFORMATION RELEASE.

Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or performance under this Agreement, without first obtaining review and approval of said news releases from City through the City Manager.

8. INTEREST OF CONTRACTOR.

Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the Effective Date and Termination Date of this Agreement if so required at the option of City.

9. AMENDMENTS.

Both Parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for City or Consultant to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work.

Until a change order is so executed, City will not be responsible to pay any charges Consultant may incur in performing such additional services, and Consultant shall not be required to perform any such additional services. #9..
- 129 -
-5

10. INDEPENDENT CONTRACTOR.

All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Consultant, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City.

Consultant has no authority or responsibility to exercise any rights or power vested in the City.

No agent, officer, or employee of the City is to be considered an employee of Consultant. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.

Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.

Consultant shall determine the method, details and means of performing the Project, work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement.

Consultant has control over the manner and means of performing the services under this Agreement. Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.

If, in the performance of this Agreement, any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and #9..
- 130 -
-6
control of Consultant.

All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.

It is understood and agreed that as an independent contractor, and not an employee of City, neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever.

It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.

As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.

11. ASSIGNMENT.

Neither this Agreement, nor any portion thereof, shall be subcontracted or assigned without the express prior written consent of the City in each and every instance.

12. PATENT/COPYRIGHT MATERIALS.

Unless otherwise expressly provided in this Agreement Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. Consultant shall furnish a warranty of such right to use to City at the request of City.

13. NOTICES.

Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective (1) upon actual delivery, if delivery is by hand; or (2) five (5) #9..
- 131 -
-7
days after delivery into the United States mail if delivery is by postage paid registered or certified (return receipt requested) mail. Each such notice shall be sent to the Parties at the address respectively indicated below or to any other address as the respective Parties may designate from time to time.

FOR CONSULTANT: Name: Brenda Davis Law Group
Address: 770 L Street, Suite 950
Sacramento, CA. 95814
Attention: Brenda Davis
Phone: (916) 800-2087
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Jaylen French
Phone: (209) 571-5585

14. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by certified mail, return receipt requested, for all of the following stated insurance policies. (a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of #9..
- 132 -
-8
insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(c) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(d) Professional Liability insurance with a minimum limit of $1,000,000 per claim and policy aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.

If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated.

Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, officials, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, officials, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be #9..
- 133 -
-9
placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time the contract is signed.

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

For any claims related to this projec ce
coverage shall be primary insurance as respects the Vendor, its agents, officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Vendor its agents, officers, officials, employees, and volunteers shall be excess of the insurance and shall not contribute with it.

15. TERMINATION OF AGREEMENT.

Termination on Occurrence of Stated Events
This Agreement shall terminate automatically on the date on which any of the following events occur: (1) bankruptcy or insolvency of Consultant, (2) legal dissolution of Consultant, or (3) death of key principal(s) of Consultant.

Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option City may terminate this Agreement by giving written notification to Consultant. The Termination Date shall be the effective date of the notice.

For the purposes of this section, material breach of this Agreement shall include but not be limited to any of the following: failure to perform required services or duties, willful destruction #9..
- 134 -
-10
of City's property by Consultant, dishonesty or theft.

Termination by Consultant for Default of City
Should City default in the performance of this Agreement or materially breach any of its provisions, at its option Consultant may terminate this Agreement by giving written notice to City. The termination date shall be the effective date of the notice. For the purposes of this section, material breach of this Agreement shall include but not be limited to any of the following: failure to cooperate reasonably with Consultant, willful destruction of Consultant's property by City, dishonesty or theft.

Termination by City for Convenience
The City may also terminate the Consultant's performance under the Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the term of this Agreement make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Project for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Consultant consultation with the City prior to termination.

Termination by City for Lack of Budgeted Funds
The City may terminate this Agreement effective July 1 of any given year upon the City's determination to not appropriate sufficient funds for this Agreement for the ensuing fiscal year. In such event City shall give Consultant not less than 30 days written notice.

Termination for Failure to Make Agreed-Upon Payments
Should City fail to pay Consultant all or any part of the payments set forth in this Agreement on the date due, at its option Consultant may terminate this Agreement if the #9..
- 135 -
-11
failure is not remedied within thirty (30) days after Consultant notifies City in writing of such failure to pay. The termination date shall be the effective date of the notice.

Termination by City for Change of Consultant's Tax Status If City determines that Consultant does not meet the requirements of federal and state tax laws for independent contractor status, City may terminate this Agreement by giving written notice to Consultant. The Termination Date shall be the effective date of the notice.

Voluntary Termination
The parties may terminate this contract upon mutual written Agreement.

In the Event of Termination
If this Agreement is terminated pursuant to this Section 15 of this Agreement, Consultant shall cease all its work on the Project as of the Termination Date and shall see to it that its employees, subcontractors and agents are notified of such termination and cease their work. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the Project. Further, if City so requests, and at City's cost, Consultant shall deliver to City any work products whether in draft or final form which have been produced to date.

If this Agreement is terminated pursuant to any of the subsections contained in Section 15 of this Agreement, City will pay Consultant an amount based on the percentage of work completed on the Termination Date, this percentage shall be determined by City in its sole discretion. If the Agreement is terminated pursuant to the subparagraph entitled Termination by City for Default of Consultant, Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the Project prior to the Termination Date and which remain #9..
- 136 -
-12
unacceptable and/or not useful to City as of the Termination Date.

16. CERTIFIED PAYROLL REQUIREMENT.

For consultants performing field work on public works contracts on which prevailing wages are required: The Consultant shall comply with the provisions of Section 1776 of the California Labor Code, regarding payroll records, and shall require its subconsultants and subcontractors to comply with that section as may be required by law.

17. INDEMNITY.

The Consultant shall hold the City, its agents, officers, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent or intentional act or omission of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement.

Consultant's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this section is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.

18. DISPUTE RESOLUTION.

All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination, execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this contract provision shall be determined by binding arbitration in Modesto, California, by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration #9..
- 137 -
-13
Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This consent to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.

This section is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this section shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to Consultant. Otherwise, the claim or claims shall be deemed waived in their entirety.
fast tra the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the track rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made.

Both City and Consultant shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the rules.

Whether or not City and Consultant may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the Parties #9..
- 138 -
-14
shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.

The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved.

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

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

The parties hereby waive any rights provided by Title 9.2 of the California med final, conclusive
and binding to the fullest extent allowed by California law.

19. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between #9..
- 139 -
-15
Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

20. PARTIAL INVALIDITY.

If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

21. WAIVER.

The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.

22. AUDIT.

The City's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant's charges to City under this Agreement.

Consultant agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for Consultant services. City's representative shall have the right to reproduce any of the aforesaid documents.

23. GOVERNING LAW.
#9..
- 140 -
-16
This Agreement shall be governed according to the laws of the State of California.

24. HEADINGS NOT CONTROLLING.

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

25. COMPLIANCE WITH LAWS.

Consultant shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws. Consultant shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license.

IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement for Consultant Services in duplicate by its City Manager and attestation by its City Clerk on the 17th day of March, 2022, and Brenda Davis Law Group has caused this Agreement to be duly executed in duplicate as of the Effective Date. #9..
- 141 -

ATTACHMENT A
Cannabis Equity Program Effort Consulting Service Scope of Work The following is the proposed scope of work for the selected consultant, which will be expected to provide public outreach and consulting services for the City of Modesto to:

Develop and recommend an outreach strategy to reach individuals and communities that may have been disproportionately harmed by cannabis prohibition.

Prepare and recommend an analysis that describes barriers to entry that negatively impact the ability of potentially marginalized communities to participate in the commercial cannabis industry, this may include an evaluation of the following, but not limited to: Financial/Access to capital, start-up costs, business and technical skills and knowledge, government and public policy.

Prepare an analysis that recommends the potential strategies, resources, and/or tools that may help marginalized communities overcome barriers to entry.

Help City staff establish a formal Cannabis Equity Advisory Committee comprised of individuals Make recommendations for equity applicant documentation review. #9..
- 142 -

CITY OF MODESTO,
a municipal corporation
BY: ____________________________
JOSEPH P. LOPEZ, City Manager
ATTEST:
(Seal)
BY: ____________________________
DANA SANCHEZ, Interim City Clerk
________________________________ BY: ____________________________ By _____________________________
Name Title
BY: ____________________________
By _____________________________
Name Title
APPROVED AS TO FORM:

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

BY: ____________________________
CHRISTINA D. ALGER
Director of Human Resources (Risk)
Federal ID # ___________
#9..
- 143 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

August 9, 2022
Date: June 20, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: Monthly Investment Report – May 2022
CONTACT: Calogero Maniscalco, Senior Financial Analyst
[email protected], (209) 577-5219
DESCRIPTION:

Consider accepting the Monthly Investment Report for May 2022. (Funding Source: Various Funds)
STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

The City’s Finance Department submits a monthly investment report to Council and the City Manager. Attached are the May investment reports (see attachment list below) generated by Public Financial Management (PFM), the City’s investment advisor. Investments in the portfolio (attachment 4) are for the City of Modesto, Modesto Public Financing Authority, Community Facilities Districts, Tuolumne River Regional Park, Successor Agency to the Redevelopment Agency, and the Modesto-Ceres Fire Protection Agency Joint Powers Authority.

DISCUSSION:

It is the function of the Finance Department to deposit and invest funds in accordance with sound treasury management and to safeguard the principal and maintain the liquidity needs of the City. The purpose of the Monthly Investment Report is to keep the City Council and City Manager informed of the City’s investment portfolio. As shown in Attachment 2, on May 31, 2022 the City had a closing market value of $433,837,273 in its investment portfolio.

This month PFM informed the City of Modesto that the fiscal year-to-date return for January 2022 through April 2022 shown in the Investment Reports was incorrect each month and should have been stated as follows:
#10..
- 144 -
City Council, August 9, 2022
Monthly Investment Report – May 2022

1/31/2022 0.81%
2/28/2022 0.90%
3/31/2022 1.01%
4/30/2022 1.11%
FISCAL IMPACT:

In May, the approximate yield of the City’s combined investments was 1.47% (see attachment 3) on a weighted average. For the portfolio of securities alone, the yield to maturity on cost was

1.59%. For comparative purposes, the yields (as of May 31, 2022) of other investments commonly used by public agencies are listed below:

Local Agency Investment Fund: 0.68%
1-Year U.S. Treasury Note: 2.10%
2-Year U.S. Treasury Note: 2.48%

The Portfolio maintains sufficient liquidity to meet the City's projected expenditure requirements for at least the next six months.

COMMITTEE RECOMMENDATION:

This item has not gone before a committee.

CEQA/NEPA REQUIREMENTS:

N/A
RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Motion accepting the Monthly Investment Report for May 2022.

Approved by:

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

1. Monthly Investment Report

2. Account Statement

3. Combined Yields

4. Portfolio Holdings and Earnings Projections

5. Cash with Fiscal Agent
#10..
- 145 -

PORTFOLIO HOLDINGS
Attachment 1
Percentages may not total to 100% due to rounding.

Investment Type No. of Investments Amount Invested
CAMP 1 50,044,305
Federal Agency 32 72,324,535
Federal Home Loan Bank 2 4,276,193
Federal Home Loan Mortgage Co. 9 21,107,818
Federal Nat’l Mortgage Assc. 20 44,659,189
Federal Farm Credit Bank 1 2,281,336
Federal Agency CMO 3 2,065,875
U.S. Treasury 56 201,688,400
Commercial Paper 4 39,871,900
Negotiable CD 3 8,105,234
Corporate Note 18 39,285,943
Asset-Backed 19 7,576,293
Municipal 10 7,246,820
Supranational 2 5,627,966
Total Invested 148 433,837,273
Sector Allocation
May 31, 2022 versus April 30, 2022
Sector May 31, 2022 April 30, 2022 Change in Allocation Permitted by Policy
U.S. Treasury 46.5% 48.0% -1.50% 100%
Federal Agency 16.7% 17.5% -0.82% 100%
Federal Agency CMO 0.5% 0.6% -0.08% 100%
Commercial Paper 9.2% 9.7% -0.52% 25%
Negotiable CD 1.9% 2.4% -0.52% 30%
Corporate Note 9.1% 9.5% -0.43% 30%
Asset-Backed 1.7% 2.0% -0.23% 20%
Municipal 1.7% 1.8% -0.08% 100%
Supranational 1.3% 1.4% -0.06% 30%
CAMP 11.5% 7.3% 4.24% 100%
* Total invested includes only the bolded numbers
* * Amount invested are market values excluding accrued interest Additional, detailed information regarding security types and investment activity may be found in Attachment 2 accompanying this memo. Moreover, the addendum data will confirm continued compliance with the investment policy as well as with California Government Code.

RECENT ACTIVITY & CORPORATE EXPOSURE
The yield curve remained stable over the month apart from the middle part of the curve retreating slightly.

The 0 to 2 year space remains steep as markets have already priced in another 50 bps hike for the June 15th Fed meeting. Credit sector spreads continue to experience elevated levels of volatility with contention over the future economic outlook. In the Long-Term Portfolio, we purchased a longer duration Treasury security with the proceeds from the sale of a short duration Treasury and CD. In the Short-Term portfolio we purchased three Commercial paper securities replacing three that had matured. #10..
- 146 -

PERFORMANCE
The City’s Long-Term Portfolio has consistently outperformed its benchmark since the inception of performance reporting. Markets have seemed to price in most future expected Fed rate hikes resulting in a stable yield curve for the month. The result of this is a positive total return in the portfolio. The City has performed in line with the benchmark over the past month. The higher interest rate environment we are now in has also resulted in the continuation of higher portfolio yield at cost over last month. This reflects the potential for higher realized earnings going forward.

1. Performance is calculated on trade-date basis, gross (i.e., before fees) in accordance the CFA Institute's Global Investment Performance Standards (GIPS).

2. Performance numbers for periods greater than 1 year are presented on an annualized basis unless otherwise noted.

3. The performance calculation excludes any funds not invested in the 1-5 year strategy.

4. Performance benchmark through December 31, 2018 was the ICE BofAML 1-3 Year U.S. Treasury Index, and is now the ICE BofAML 1-5 Year U.S. Treasury Index, sourced from Bloomberg.

5. Inception date is 3/31/04.

Percentages may not add due to rounding.

Long-Term Portfolio Total Return
May 31, 2022
1 Month Trailing
12 Months
Trailing 36
Months
Trailing 60
Months
Since
Inception5
City of Modesto Investment Portfolio1,2,3 0.61% -3.95% 0.80% 1.45% 2.06% Modesto Performance Benchmark4 0.61% -4.26% 0.46% 1.07% 1.79% Average Long-Term Portfolio Yields
May 31, 2022
Past
Month
Past 3
Months
Past
Year
Past 3
Years
Past 5
Years
City of Modesto Investment Portfolio 1.59% 1.49% 1.38% 1.61% 1.95% $97.7
$15.9
$112.5
$73.4
$116.5
$17.8
$-
$30.0
$60.0
$90.0
$120.0
$150.0
$180.0
Under 6
Months
6-12
Months
1-2 Years 2-3 Years 3-4 Years 4-5 Years
millions
Maturity Distribution
May 31, 2022
#10..
- 147 -

INVESTMENT POLICY
The City’s investment policy embraces the following standards: the prudent investor rule, requiring the safety of principal, through prudent and safe investments; sufficient liquidity to meet expected and unforeseen cash flows; generation of an above-market, risk-adjusted rate of return (meaning, returnsexpectations taking safety and liquidity into account). No investments longer than five years are permitted.

Some investments have maturity limits of 270 days or less. The table below details the City’s permitted investments.

Investment Type
Maximum
Maturity
Maximum Specified
% of Portfolio
Maximum
% per
Issuer
Minimum Quality
Requirements
Local Agency Bonds 5 Years None None None
Treasury Obligations 5 Years None None None
State Obligations 5 Years None None A rating
CA Local Agency Obligations 5 Years None None A rating
Federal Agencies 5 Years None None None
Supranationals 5 Years 30 percent 5 percent AA
Banker’s Acceptances 180 days 40 percent 5 percent Federal Reserve eligible Commercial Paper 270 days 25 percent 5 percent A1/P1 rating Negotiable Certificates of Deposit 5 Years 30 percent 5 percent A rating Certificates of Deposit 1 Year 20 percent 5 percent FDIC insured or collateralized Repurchase Agreements 90 days None 5 percent None
Reverse Repurchase Agreements 92 days 20 percent of
combined base value 5 percent None
Medium Term Notes 5 Years 30 percent 5 percent A rating Money Market Mutual Funds N/A 20 percent 10 percent Multiple Mortgage and Asset-backed Securities 5 Years 20 percent 5 percent AA Rating CAMP N/A None None N/A
LAIF N/A N/A None N/A
The City is not required to include a list of investments held by our bond trustees; however, staff believes the City Council should be kept informed of these investments. These investments are identified on Attachment A.

LONG TERM PORTFLIO INCOME RETURN
Monthly Income Return

0.10%
Fiscal Year-to-Date Income Return

1.22%
Prior 12 Months Income Return

1.34%
#10..
- 148 -

Source: Bloomberg, as of May 2022.

Economic Summary
U.S. Starts Summer Travel Season Beset by Record Gas Prices

6.341

5.472

5.492

5.407

5.376

5.403

4.881

4.954

4.762

4.292
$0 $1 $2 $3 $4 $5 $6 $7
California
Hawaii
Nevada
Washington
Alaska
Illinois
New York
Pennsylvania
Florida
Georgia
Regular Gas Price
Prices from a year ago Current prices
#10..
- 149 -

Source: JOLTS and BLS, as of April 2022.

Economic Summary
Job Openings Still Outweigh Unemployed Persons
0 5
10 15
20 25
Dec-19 Mar-20 Jun-20 Sep-20 Dec-20 Mar-21 Jun-21 Sep-21 Dec-21 Mar-22 Millions
Job Openings vs. Unemployed Workers
Job Openings Unemployed
Despite talk of hiring freezes, there are still
nearly two job openings for every
unemployed person
#10..
- 150 -

Source: ICE BofAML 1-5 year Indices via Bloomberg, MarketAxess and PFM as of 4/30/2022. Spreads on ABS are option-adjusted spreads of 0-5 year indices based on weighted average life; spreads on agencies are relative to comparable maturity Treasuries.

Economic Summary
Volatility in Credit Sector Yield Spreads Continue
-0.10%
-0.05%

0.00%

0.05%

0.10%

0.15%
May-21 Aug-21 Nov-21 Feb-22 May-22
Federal Agency Yield Spreads

0.30%

0.40%

0.50%

0.60%

0.70%

0.80%

0.90%
May-21 Aug-21 Nov-21 Feb-22 May-22
Corporate Notes A-AAA Yield Spreads

0.20%

0.30%

0.40%

0.50%

0.60%

0.70%

0.80%
May-21 Aug-21 Nov-21 Feb-22 May-22
Asset-Backed Securities AAA Yield Spreads
Agency yield spreads
remained near-zero
#10..
- 151 -

Treasury Yields Remain Steep on the Front End
Source: Bloomberg as of 05/31/2022.

Economic Summary

1.56%

2.05%

2.56%

2.72%

2.84%

3.05%

0.00%

0.25%

0.50%

0.75%

1.00%

1.25%

1.50%

1.75%

2.00%

2.25%

2.50%

2.75%

3.00%

3.25%
3M1Y 2Y 3Y 4Y 5Y 10Y 30Y
U.S. Treasury Yield Curve
May 31, 2022
April 30, 2022
March 31, 2022
#10..
- 152 -

This material is based on information obtained from sources generally believed to be reliable and available to the public, however, PFM Asset Management LLC cannot guarantee its accuracy, completeness or suitability. This material is for general information purposes only and is not intended to provide specific advice or a specific recommendation. All statements as to what will or may happen under certain circumstances are based on assumptions, some but not all of which are noted in the presentation. Assumptions may or may not be proven correct as actual events occur, and results may depend on events outside of your or our control. Changes in assumptions may have a material effect on results. Past performance does not necessarily reflect and is not a guaranty of future results. The information contained in this presentation is not an offer to purchase or sell any securities.

Investment advisory services are provided by PFM Asset Management LLC (“PFMAM”), an investment adviser registered with the U.S. Securities and Exchange Commission and a subsidiary of U.S. Bancorp Asset Management, Inc. (“USBAM”). USBAM is a subsidiary of U.S. Bank National Association (“U.S. Bank”). U.S. Bank is a separate entity and subsidiary of U.S. Bancorp. U.S. Bank is not responsible for and does not guarantee the products, services or performance of PFMAM. The information contained is not an offer to purchase or sell any securities. Additional applicable regulatory information is available upon request.

For more information regarding PFMAM’s services or entities, please visit www.pfmam.com.

Disclosures
#10..
- 153 -
For the Month Ending May 31, 2022
Account Statement
Consolidated Summary Statement
CITY OF MODESTO - Combined Portfolio
Investment Allocation
Investment Type Closing Market Value Percent
Asset-Backed Security 7,576,293.02 1.75
Federal Agency Bond / Note 72,324,535.47 16.66
Corporate Note 39,285,943.13 9.06
Certificate of Deposit 8,105,234.48 1.87
Federal Agency Commercial Mortgage-Backed Security 2,065,875.23 0.48 Commercial Paper 39,871,900.00 9.19
Municipal Bond / Note 7,246,820.15 1.67
Supra-National Agency Bond / Note 5,627,966.19 1.30
U.S. Treasury Bond / Note 201,688,399.55 46.48
CAMP Pool 50,044,305.28 11.54
Total $433,837,272.50 100.00%
Portfolio Summary
and Income
Closing
Portfolio Holdings Market Value
Cash Dividends
PFMAM Managed Account 419,967.87 383,792,967.22
CAMP Pool 0.00 50,044,305.28
Total $419,967.87 $433,837,272.50
Maturity Distribution (Fixed Income Holdings)
Portfolio Holdings Closing Market Value Percent
63,270,544.66

0.00 14,505,478.31
19,901,080.00
20,194,953.83
108,226,528.73
73,406,755.37
116,544,063.85
17,787,867.75

0.00 14.59

0.00 3.34

4.59 4.65

24.95 16.92

26.86 4.10

0.00 Under 30 days
31 to 60 days
61 to 90 days
91 to 180 days
181 days to 1 year
1 to 2 years
2 to 3 years
3 to 4 years
4 to 5 years
Over 5 years
Total $433,837,272.50
711
100.00%
Weighted Average Days to Maturity
Sector Allocation

1.75% ABS

16.66%
Fed Agy Bond /
Note

9.06%
Corporate Note

1.87%
Cert of Deposit

0.48%
Federal Agency
Commercial
Mortgage-Backed
Security

9.19%
Commercial Paper

1.67%
Muni Bond / Note

1.30%
Supra-National
Agency Bond / Note 46.48%
US TSY Bond / Note

11.54%
CAMP Pool
Summary Page 1
#10..
- 154 -
Managed Account Summary Statement For the Month Ending May 31, 2022 CITY OF MODESTO - Combined Portfolio
Total Cash Basis Earnings
Plus Net Realized Gains/Losses
Less Purchased Interest Related to Interest/Coupons
Interest/Dividends/Coupons Received
Earnings Reconciliation (Cash Basis) - Managed Account
Less Beginning Accrued Interest
Less Beginning Amortized Value of Securities
Less Cost of New Purchases
Plus Coupons/Dividends Received
Plus Proceeds of Maturities/Calls/Principal Payments
Plus Proceeds from Sales
Ending Accrued Interest
Ending Amortized Value of Securities
Earnings Reconciliation (Accrual Basis)
$381,678,140.22
(30,797,551.38)
(5,999,376.39)
37,127,720.84

0.00 1,784,033.93
$383,792,967.22
398,436.68
(7,687.91)
29,219.10
$419,967.87
Total
393,662,347.97
984,043.93
6,023,167.22
30,797,551.38
374,645.85
(37,135,408.75)
(393,187,920.13)
(1,026,527.65)
Total Accrual Basis Earnings $491,899.82
Closing Market Value
Change in Current Value
Unsettled Trades
Principal Acquisitions
Principal Dispositions
Maturities/Calls
Opening Market Value
Transaction Summary - Managed Account
_________________
_________________
_______________________________________________ _______________________________________________ Reconciling Transactions Net Cash Contribution
Security Purchases
Principal Payments
Coupon/Interest/Dividend Income
Sale Proceeds
Maturities/Calls
Cash Transactions Summary - Managed Account
30,000,000.00
6,023,167.22
374,645.85
797,551.38
(37,135,408.75)

0.00 0.00
Cash Balance
Closing Cash Balance $1,321,466.47
CITY OF MODESTO - COMBINED PORTFOLIO Page 1
#10..
- 155 -
Portfolio Summary and Statistics For the Month Ending May 31, 2022 CITY OF MODESTO - Combined Portfolio
Account Summary
Description Par Value Market Value Percent
U.S. Treasury Bond / Note 211,656,000.00 201,688,399.55 52.55 Supra-National Agency Bond / Note 5,885,000.00 5,627,966.19 1.47 Municipal Bond / Note 7,590,000.00 7,246,820.15 1.89
Federal Agency Commercial
Mortgage-Backed Security
2,063,862.81 2,065,875.23 0.54
Federal Agency Bond / Note 75,065,000.00 72,324,535.47 18.84 Corporate Note 40,100,000.00 39,285,943.13 10.24
Commercial Paper 40,000,000.00 39,871,900.00 10.39
Certificate of Deposit 8,160,000.00 8,105,234.48 2.11
Asset-Backed Security 7,739,104.81 7,576,293.02 1.97
Managed Account Sub-Total 398,258,967.62 383,792,967.22 100.00% Accrued Interest 984,043.93
Total Portfolio 398,258,967.62 384,777,011.15
Unsettled Trades 0.00 0.00
Sector Allocation

1.97% ABS

2.11%
Cert of Deposit

10.39%
Commercial Paper

10.24%
Corporate Note

18.84%
Fed Agy Bond /
Note

0.54%
Federal Agency
Commercial
Mortgage-Backed
Security

1.89%
Muni Bond / Note

1.47%
Supra-National
Agency Bond / Note 52.55%
US TSY Bond / Note
0 - 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years Over 5 Years

12.41%

5.26%

28.20%

19.13%

30.37%

4.63%

0.00%
Maturity Distribution Characteristics
Yield to Maturity at Cost
Yield to Maturity at Market
Weighted Average Days to Maturity 804

1.56%

2.47%
CITY OF MODESTO - COMBINED PORTFOLIO Page 2
#10..
- 156 -
Managed Account Issuer Summary For the Month Ending May 31, 2022 CITY OF MODESTO - Combined Portfolio
Credit Quality (S&P Ratings)

0.91%
A

3.68%
A+

1.96%
A12.50%
A-1

2.96%
AA

72.16%
AA+

1.45%
AA3.88%
AAA

0.50%
NR
Issuer Summary
Issuer of Holdings Percent
Market Value
ALLY AUTO RECEIVABLES TRUST 32,456.97 0.01
AMAZON.COM INC 4,964,896.28 1.29
BANK OF AMERICA CO 4,014,855.60 1.05
BARCLAYS PLC 2,720,850.94 0.71
BRISTOL-MYERS SQUIBB CO 2,049,488.19 0.53
CALIFORNIA DEPARTMENT OF WATER RESOURCES 93,861.00 0.02 CALIFORNIA STATE UNIVERSITY 565,878.00 0.15
CAPITAL ONE FINANCIAL CORP 76,139.26 0.02
CARMAX AUTO OWNER TRUST 1,818,221.65 0.47
COLLAT COMM PAPER FLEX CO 9,952,630.00 2.59
CREDIT SUISSE GROUP RK 1,821,432.30 0.47
DISCOVER FINANCIAL SERVICES 733,288.18 0.19
FANNIE MAE 45,622,613.42 11.90
FEDERAL FARM CREDIT BANKS 2,281,335.60 0.59
FEDERAL HOME LOAN BANKS 4,276,193.21 1.11
FLORIDA STATE BOARD OF ADMIN FIN CORP 1,695,726.00 0.44 FREDDIE MAC 22,210,268.47 5.79
HONDA AUTO RECEIVABLES 1,522,326.11 0.40
HYUNDAI AUTO RECEIVABLES 952,321.18 0.25
INTER-AMERICAN DEVELOPMENT BANK 3,894,992.01 1.01
INTL BANK OF RECONSTRUCTION AND DEV 1,732,974.18 0.45
JP MORGAN CHASE & CO 3,516,724.07 0.92
LMA AMERICAS LLC 9,975,590.00 2.60
LOS ANGELES COMMUNITY COLLEGE DISTRICT 856,022.75 0.22
MASTERCARD INC 1,718,295.04 0.45
MICROSOFT CORP 2,938,302.00 0.77
MITSUBISHI UFJ FINANCIAL GROUP INC 9,995,230.00 2.60
NEW JERSEY TURNPIKE AUTHORITY 461,135.70 0.12
NISSAN AUTO RECEIVABLES 385,544.76 0.10
NOVARTIS AG 2,230,075.28 0.58
PACCAR FINANCIAL CORP 1,747,647.31 0.46
PFIZER INC 3,459,923.74 0.90
CITY OF MODESTO - COMBINED PORTFOLIO Page 3
#10..
- 157 -
Managed Account Issuer Summary For the Month Ending May 31, 2022 CITY OF MODESTO - Combined Portfolio
Issuer of Holdings Percent
Market Value
SKANDINAVISKA ENSKILDA BANKEN AB 3,562,951.24 0.93
STARBIRD FUNDING CORP 9,948,450.00 2.59
STATE OF CALIFORNIA 2,305,865.10 0.60
STATE OF MARYLAND 590,147.00 0.15
TARGET CORP 344,293.19 0.09
THE BANK OF NEW YORK MELLON CORPORATION 3,155,724.50 0.82 TOYOTA MOTOR CORP 4,308,435.40 1.12
UNITED STATES TREASURY 201,688,399.55 52.56
UNIVERSITY OF CALIFORNIA 678,184.60 0.18
US BANCORP 2,879,173.44 0.75
WAL-MART STORES INC 4,014,104.00 1.05
Total $383,792,967.22 100.00%
CITY OF MODESTO - COMBINED PORTFOLIO Page 4
#10..
- 158 -
Managed Account Detail of Securities Held For the Month Ending May 31, 2022 CITY OF MODESTO - Combined Portfolio
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
U.S. Treasury Bond / Note

US TREASURY NOTES
DTD 06/17/2019 1.750% 06/15/2022
9128286Y1 3,230,000.00 AA+ Aaa 04/06/22 04/07/22 3,237,948.83 0.45 26,088.46 3,231,612.81 3,231,009.38

US TREASURY NOTES
DTD 12/15/2019 1.625% 12/15/2022
912828YW4 4,235,000.00 AA+ Aaa 04/06/22 04/07/22 4,240,459.18 1.44 31,762.50 4,239,267.69 4,236,323.44

US TREASURY NOTES
DTD 03/15/2020 0.500% 03/15/2023
912828ZD5 4,315,000.00 AA+ Aaa 04/06/22 04/07/22 4,264,433.59 1.77 4,572.96 4,272,565.61 4,266,456.25

US TREASURY N/B NOTES
DTD 05/31/2021 0.125% 05/31/2023
91282CCD1 4,355,000.00 AA+ Aaa 04/06/22 04/07/22 4,261,945.90 2.02 14.87 4,274,160.64 4,267,900.00

US TREASURY NOTES
DTD 06/30/2016 1.375% 06/30/2023
912828S35 5,100,000.00 AA+ Aaa 01/30/19 01/31/19 4,848,386.72 2.56 29,444.75 5,038,463.29 5,056,171.62

US TREASURY NOTES
DTD 08/01/2016 1.250% 07/31/2023
912828S92 3,155,000.00 AA+ Aaa 02/08/19 02/12/19 2,997,126.76 2.44 13,182.15 3,113,836.73 3,119,506.25

US TREASURY NOTES
DTD 08/01/2016 1.250% 07/31/2023
912828S92 5,625,000.00 AA+ Aaa 04/02/19 04/04/19 5,386,816.41 2.28 23,502.24 5,560,891.05 5,561,718.75

US TREASURY NOTES
DTD 08/31/2016 1.375% 08/31/2023
9128282D1 1,750,000.00 AA+ Aaa 07/01/19 07/03/19 1,723,886.72 1.75 6,081.01 1,742,166.02 1,730,859.38

US TREASURY NOTES
DTD 09/15/2020 0.125% 09/15/2023
91282CAK7 4,395,000.00 AA+ Aaa 04/06/22 04/07/22 4,264,523.44 2.24 1,164.44 4,278,166.43 4,275,510.94

US TREASURY NOTES
DTD 10/01/2018 2.875% 09/30/2023
9128285D8 2,700,000.00 AA+ Aaa 05/01/19 05/02/19 2,769,820.31 2.26 13,149.59 2,721,050.04 2,721,093.75

US TREASURY NOTES
DTD 11/15/2020 0.250% 11/15/2023
91282CAW1 3,910,000.00 AA+ Aaa 04/29/21 04/30/21 3,909,389.06 0.26 451.56 3,909,650.14 3,793,921.88

US TREASURY NOTES
DTD 11/15/2013 2.750% 11/15/2023
912828WE6 8,790,000.00 AA+ Aaa 03/06/19 03/08/19 8,878,930.08 2.52 11,166.64 8,817,618.68 8,842,190.63

US TREASURY NOTES
DTD 11/30/2016 2.125% 11/30/2023
912828U57 3,275,000.00 AA+ Aaa 01/07/19 01/09/19 3,216,408.21 2.52 190.15 3,257,055.03 3,263,742.19

US TREASURY NOTES
DTD 12/15/2020 0.125% 12/15/2023
91282CBA8 4,430,000.00 AA+ Aaa 04/06/22 04/07/22 4,263,528.91 2.41 2,555.77 4,278,368.31 4,281,179.47 CITY OF MODESTO - COMBINED PORTFOLIO Page 5
#10..
- 159 -
Managed Account Detail of Securities Held For the Month Ending May 31, 2022 CITY OF MODESTO - Combined Portfolio
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
U.S. Treasury Bond / Note

US TREASURY NOTES
DTD 12/31/2018 2.625% 12/31/2023
9128285U0 270,000.00 AA+ Aaa 01/30/19 01/31/19 270,801.56 2.56 2,975.97 270,258.11 271,054.67

US TREASURY NOTES
DTD 02/28/2019 2.375% 02/29/2024
9128286G0 457,000.00 AA+ Aaa 08/11/21 08/12/21 480,671.17 0.33 2,742.93 473,221.49 456,500.13

US TREASURY NOTES
DTD 02/28/2019 2.375% 02/29/2024
9128286G0 1,564,000.00 AA+ Aaa 08/11/21 08/12/21 1,644,582.66 0.35 9,387.19 1,619,222.06 1,562,289.30

US TREASURY NOTES
DTD 03/15/2021 0.250% 03/15/2024
91282CBR1 4,450,000.00 AA+ Aaa 04/06/22 04/07/22 4,262,960.94 2.49 2,358.02 4,277,490.81 4,278,953.13

US TREASURY N/B NOTES
DTD 04/15/2021 0.375% 04/15/2024
91282CBV2 4,890,000.00 AA+ Aaa 04/29/21 04/30/21 4,893,629.30 0.35 2,354.82 4,892,296.43 4,699,748.68

US TREASURY N/B NOTES
DTD 06/15/2021 0.250% 06/15/2024
91282CCG4 4,485,000.00 AA+ Aaa 04/06/22 04/07/22 4,262,852.34 2.59 5,175.00 4,278,124.99 4,280,371.88

US TREASURY NOTES
DTD 07/31/2017 2.125% 07/31/2024
9128282N9 2,450,000.00 AA+ Aaa 08/01/19 08/06/19 2,489,142.58 1.79 17,402.11 2,467,002.63 2,426,648.56

US TREASURY NOTES
DTD 08/31/2017 1.875% 08/31/2024
9128282U3 1,630,000.00 AA+ Aaa 09/04/19 09/05/19 1,672,214.45 1.34 7,723.68 1,649,045.16 1,603,767.11

US TREASURY N/B NOTES
DTD 09/15/2021 0.375% 09/15/2024
91282CCX7 4,505,000.00 AA+ Aaa 04/06/22 04/07/22 4,264,440.04 2.65 3,580.74 4,279,272.77 4,281,157.81

US TREASURY NOTES
DTD 10/02/2017 2.125% 09/30/2024
9128282Y5 1,850,000.00 AA+ Aaa 10/01/19 10/03/19 1,905,283.20 1.50 6,659.49 1,875,823.07 1,829,187.50

US TREASURY NOTES
DTD 10/31/2017 2.250% 10/31/2024
9128283D0 460,000.00 AA+ Aaa 11/01/19 11/05/19 475,039.84 1.57 900.00 467,288.79 455,687.50

US TREASURY NOTES
DTD 11/30/2017 2.125% 11/30/2024
9128283J7 1,215,000.00 AA+ Aaa 12/02/19 12/04/19 1,239,964.45 1.69 70.54 1,227,502.77 1,198,673.44

US TREASURY NOTES
DTD 11/30/2017 2.125% 11/30/2024
9128283J7 3,450,000.00 AA+ Aaa 01/03/20 01/07/20 3,529,916.02 1.63 200.31 3,490,784.42 3,403,640.63

US TREASURY NOTES
DTD 11/30/2017 2.125% 11/30/2024
9128283J7 4,585,000.00 AA+ Aaa 04/29/21 04/30/21 4,848,816.60 0.50 266.21 4,768,866.07 4,523,389.06 CITY OF MODESTO - COMBINED PORTFOLIO Page 6
#10..
- 160 -
Managed Account Detail of Securities Held For the Month Ending May 31, 2022 CITY OF MODESTO - Combined Portfolio
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
U.S. Treasury Bond / Note

US TREASURY N/B NOTES
DTD 12/15/2021 1.000% 12/15/2024
91282CDN8 4,445,000.00 AA+ Aaa 04/06/22 04/07/22 4,251,920.31 2.68 20,515.38 4,262,723.34 4,263,727.57

US TREASURY N/B NOTES
DTD 02/15/2022 1.500% 02/15/2025
91282CDZ1 4,400,000.00 AA+ Aaa 04/06/22 04/07/22 4,255,109.38 2.70 19,325.97 4,262,735.20 4,261,125.00

US TREASURY NOTES
DTD 04/30/2020 0.375% 04/30/2025
912828ZL7 4,945,000.00 AA+ Aaa 04/29/21 04/30/21 4,894,777.34 0.63 1,612.50 4,908,424.43 4,618,939.06

US TREASURY NOTES
DTD 07/02/2018 2.750% 06/30/2025
912828XZ8 4,230,000.00 AA+ Aaa 04/06/22 04/07/22 4,232,148.05 2.73 48,843.65 4,232,047.93 4,231,983.02

US TREASURY NOTES
DTD 08/31/2020 0.250% 08/31/2025
91282CAJ0 4,340,000.00 AA+ Aaa 08/02/21 08/06/21 4,291,514.06 0.53 2,741.99 4,301,269.98 4,000,937.50

US TREASURY NOTES
DTD 08/31/2020 0.250% 08/31/2025
91282CAJ0 4,635,000.00 AA+ Aaa 04/06/22 04/07/22 4,262,932.62 2.74 2,928.36 4,279,409.03 4,272,890.63

US TREASURY NOTES
DTD 09/30/2020 0.250% 09/30/2025
91282CAM3 1,100,000.00 AA+ Aaa 09/27/21 09/28/21 1,076,023.44 0.80 465.85 1,080,055.04 1,011,828.18

US TREASURY NOTES
DTD 09/30/2020 0.250% 09/30/2025
91282CAM3 4,550,000.00 AA+ Aaa 09/07/21 09/09/21 4,473,574.22 0.67 1,926.91 4,487,240.10 4,185,289.29

US TREASURY NOTES
DTD 10/31/2020 0.250% 10/31/2025
91282CAT8 5,010,000.00 AA+ Aaa 04/29/21 04/30/21 4,894,339.45 0.77 1,089.13 4,922,252.66 4,599,023.69

US TREASURY NOTES
DTD 10/31/2020 0.250% 10/31/2025
91282CAT8 6,930,000.00 AA+ Aaa 10/04/21 10/06/21 6,783,278.91 0.78 1,506.52 6,806,777.98 6,361,523.78

US TREASURY NOTES
DTD 11/30/2020 0.375% 11/30/2025
91282CAZ4 4,250,000.00 AA+ Aaa 11/01/21 11/02/21 4,133,291.02 1.07 43.54 4,149,829.36 3,908,671.88

US TREASURY NOTES
DTD 11/30/2020 0.375% 11/30/2025
91282CAZ4 4,635,000.00 AA+ Aaa 04/06/22 04/07/22 4,254,785.16 2.75 47.49 4,270,472.94 4,262,751.56

US TREASURY NOTES
DTD 12/31/2020 0.375% 12/31/2025
91282CBC4 500,000.00 AA+ Aaa 02/02/21 02/04/21 498,613.28 0.43 787.29 498,986.48 458,984.40

US TREASURY NOTES
DTD 12/31/2020 0.375% 12/31/2025
91282CBC4 1,040,000.00 AA+ Aaa 01/07/21 01/08/21 1,035,978.13 0.45 1,637.57 1,037,104.17 954,687.55 CITY OF MODESTO - COMBINED PORTFOLIO Page 7
#10..
- 161 -
Managed Account Detail of Securities Held For the Month Ending May 31, 2022 CITY OF MODESTO - Combined Portfolio
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
U.S. Treasury Bond / Note

US TREASURY NOTES
DTD 12/31/2020 0.375% 12/31/2025
91282CBC4 3,735,000.00 AA+ Aaa 04/05/21 04/07/21 3,646,439.65 0.89 5,881.08 3,667,952.29 3,428,613.47

US TREASURY NOTES
DTD 01/31/2021 0.375% 01/31/2026
91282CBH3 2,400,000.00 AA+ Aaa 07/02/21 07/07/21 2,353,875.00 0.80 3,008.29 2,362,967.35 2,197,874.88

US TREASURY NOTES
DTD 01/31/2021 0.375% 01/31/2026
91282CBH3 5,000,000.00 AA+ Aaa 02/17/22 02/18/22 4,719,531.25 1.85 6,267.27 4,739,550.85 4,578,906.00

US TREASURY NOTES
DTD 01/31/2021 0.375% 01/31/2026
91282CBH3 5,775,000.00 AA+ Aaa 01/04/22 01/06/22 5,570,167.97 1.27 7,238.69 5,590,292.79 5,288,636.43

US TREASURY NOTES
DTD 01/31/2021 0.375% 01/31/2026
91282CBH3 7,980,000.00 AA+ Aaa 05/03/22 05/04/22 7,256,812.50 2.95 10,002.56 7,271,614.58 7,307,933.98

US TREASURY NOTES
DTD 02/28/2019 2.500% 02/28/2026
9128286F2 3,210,000.00 AA+ Aaa 03/01/21 03/01/21 3,492,881.25 0.70 20,280.57 3,422,044.68 3,176,896.88

US TREASURY NOTES
DTD 02/28/2021 0.500% 02/28/2026
91282CBQ3 4,645,000.00 AA+ Aaa 04/06/22 04/07/22 4,259,973.05 2.76 5,869.36 4,274,854.63 4,264,690.63

US TREASURY NOTES
DTD 02/28/2021 0.500% 02/28/2026
91282CBQ3 6,000,000.00 AA+ Aaa 12/03/21 12/07/21 5,838,281.25 1.15 7,581.52 5,856,715.51 5,508,750.00

US TREASURY N/B NOTES
DTD 03/31/2021 0.750% 03/31/2026
91282CBT7 2,480,000.00 AA+ Aaa 09/07/21 09/09/21 2,479,031.25 0.76 3,150.82 2,479,185.53 2,295,162.62

US TREASURY N/B NOTES
DTD 03/31/2021 0.750% 03/31/2026
91282CBT7 4,925,000.00 AA+ Aaa 04/29/21 04/30/21 4,896,719.73 0.87 6,257.17 4,902,970.99 4,557,933.84

US TREASURY N/B NOTES
DTD 05/31/2021 0.750% 05/31/2026
91282CCF6 1,405,000.00 AA+ Aaa 06/23/21 06/25/21 1,396,987.11 0.87 28.79 1,398,504.26 1,295,234.38

US TREASURY N/B NOTES
DTD 05/31/2021 0.750% 05/31/2026
91282CCF6 4,615,000.00 AA+ Aaa 04/06/22 04/07/22 4,253,551.76 2.76 94.57 4,266,673.64 4,254,453.12

US TREASURY N/B NOTES
DTD 08/31/2021 0.750% 08/31/2026
91282CCW9 4,640,000.00 AA+ Aaa 04/06/22 04/07/22 4,258,106.25 2.75 8,794.57 4,271,176.66 4,255,750.00

US TREASURY N/B NOTES
DTD 09/30/2021 0.875% 09/30/2026
91282CCZ2 4,310,000.00 AA+ Aaa 04/05/22 04/07/22 3,968,398.83 2.77 6,388.46 3,979,875.96 3,966,546.88 CITY OF MODESTO - COMBINED PORTFOLIO Page 8
#10..
- 162 -
Managed Account Detail of Securities Held For the Month Ending May 31, 2022 CITY OF MODESTO - Combined Portfolio
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Security Type Sub-Total 211,656,000.00 206,232,961.49 1.77 419,439.97 206,754,780.40 201,688,399.55 Supra-National Agency Bond / Note

INTL BK RECON & DEVELOP NOTES
DTD 11/24/2020 0.250% 11/24/2023
459058JM6 1,790,000.00 AAA Aaa 11/17/20 11/24/20 1,786,151.50 0.32 87.01 1,788,098.59 1,732,974.18

INTER-AMERICAN DEVEL BK NOTES
DTD 09/23/2021 0.500% 09/23/2024
4581X0DZ8 4,095,000.00 AAA Aaa 09/15/21 09/23/21 4,091,969.70 0.52 3,867.50 4,092,663.68 3,894,992.01 Security Type Sub-Total 5,885,000.00 5,878,121.20 0.46 3,954.51 5,880,762.27 5,627,966.19 Municipal Bond / Note

CA ST TXBL GO BONDS
DTD 10/24/2019 2.400% 10/01/2023
13063DRJ9 2,310,000.00 AA- Aa2 10/16/19 10/24/19 2,356,223.10 1.87 9,240.00 2,325,654.14 2,305,865.10

MD ST TXBL GO BONDS
DTD 08/05/2020 0.510% 08/01/2024
574193TQ1 620,000.00 AAA Aaa 07/23/20 08/05/20 619,826.40 0.52 1,054.00 619,905.63 590,147.00

CA ST UNIV TXBL REV BONDS
DTD 09/17/2020 0.685% 11/01/2024
13077DMK5 600,000.00 AA- Aa2 08/27/20 09/17/20 600,000.00 0.69 342.50 600,000.00 565,878.00

CA ST DEPT WTR RES WTR SYS TXBL REV
BNDS
DTD 08/06/2020 0.560% 12/01/2024
13067WRB0 100,000.00 AAA Aa1 07/30/20 08/06/20 100,000.00 0.56 280.00 100,000.00 93,861.00

UNIV OF CAL TXBL REV BONDS
DTD 07/16/2020 0.883% 05/15/2025
91412HGE7 220,000.00 AA Aa2 07/14/20 07/16/20 220,796.40 0.81 86.34 220,481.79 204,384.40

UNIV OF CAL TXBL REV BONDS
DTD 07/16/2020 0.883% 05/15/2025
91412HGE7 510,000.00 AA Aa2 07/10/20 07/16/20 510,000.00 0.88 200.14 510,000.00 473,800.20

FL ST BOARD OF ADMIN TXBL REV BONDS
DTD 09/16/2020 1.258% 07/01/2025
341271AD6 505,000.00 AA Aa3 09/03/20 09/16/20 508,570.35 1.11 2,647.04 507,298.58 475,745.35

FL ST BOARD OF ADMIN TXBL REV BONDS
DTD 09/16/2020 1.258% 07/01/2025
341271AD6 1,295,000.00 AA Aa3 09/03/20 09/16/20 1,295,000.00 1.26 6,787.96 1,295,000.00 1,219,980.65

LOS ANGELES CCD, CA TXBL GO BONDS
DTD 11/10/2020 0.773% 08/01/2025
54438CYK2 925,000.00 AA+ Aaa 10/30/20 11/10/20 925,000.00 0.77 2,383.42 925,000.00 856,022.75

NJ TURNPIKE AUTHORITY TXBL REV BONDS
DTD 02/04/2021 1.047% 01/01/2026
646140DP5 505,000.00 AA- A1 01/22/21 02/04/21 505,000.00 1.05 2,203.06 505,000.00 461,135.70 CITY OF MODESTO - COMBINED PORTFOLIO Page 9
#10..
- 163 -
Managed Account Detail of Securities Held For the Month Ending May 31, 2022 CITY OF MODESTO - Combined Portfolio
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Municipal Bond / Note
Security Type Sub-Total 7,590,000.00 7,640,416.25 1.22 25,224.46 7,608,340.14 7,246,820.15 Federal Agency Commercial Mortgage-Backed Security

FHLMC MULTIFAMILY STRUCTURED P
DTD 12/01/2012 2.307% 08/01/2022
3137AWQH1 968,457.11 AA+ Aaa 09/04/19 09/09/19 982,756.99 1.78 1,861.86 969,282.36 966,937.07

FANNIEMAE-ACES
DTD 04/01/2014 3.346% 03/01/2024
3136AJB54 959,296.65 AA+ Aaa 12/13/19 12/18/19 1,005,912.46 2.14 2,674.84 978,702.19 963,424.90 FHMS KJ27 A1
DTD 11/01/2019 2.092% 07/01/2024
3137FQ3V3 136,109.05 AA+ Aaa 11/20/19 11/26/19 136,105.79 2.09 237.28 136,107.57 135,513.26 Security Type Sub-Total 2,063,862.81 2,124,775.24 1.97 4,773.98 2,084,092.12 2,065,875.23 Federal Agency Bond / Note

FANNIE MAE NOTES
DTD 05/22/2020 0.250% 05/22/2023
3135G04Q3 2,915,000.00 AA+ Aaa 05/20/20 05/22/20 2,906,225.85 0.35 182.19 2,912,155.41 2,861,842.06

FREDDIE MAC NOTES
DTD 06/11/2018 2.750% 06/19/2023
3137EAEN5 3,615,000.00 AA+ Aaa 01/07/19 01/09/19 3,640,377.30 2.58 44,735.63 3,620,992.30 3,635,500.67

FREDDIE MAC NOTES
DTD 06/11/2018 2.750% 06/19/2023
3137EAEN5 4,170,000.00 AA+ Aaa 11/01/18 11/05/18 4,114,455.60 3.06 51,603.75 4,157,389.74 4,193,648.07

FREDDIE MAC NOTES
DTD 06/26/2020 0.250% 06/26/2023
3137EAES4 3,315,000.00 AA+ Aaa 06/24/20 06/26/20 3,305,320.20 0.35 3,568.23 3,311,552.40 3,246,356.30

FANNIE MAE NOTES
DTD 07/10/2020 0.250% 07/10/2023
3135G05G4 3,395,000.00 AA+ Aaa 07/08/20 07/10/20 3,387,700.75 0.32 3,324.27 3,392,306.94 3,320,775.12

FREDDIE MAC NOTES
DTD 08/21/2020 0.250% 08/24/2023
3137EAEV7 2,200,000.00 AA+ Aaa 08/19/20 08/21/20 2,197,756.00 0.28 1,481.94 2,199,082.37 2,145,886.60

FANNIE MAE NOTES
DTD 09/14/2018 2.875% 09/12/2023
3135G0U43 3,745,000.00 AA+ Aaa 11/07/18 11/09/18 3,699,610.60 3.15 23,627.31 3,732,985.16 3,772,020.18

FANNIE MAE NOTES
DTD 09/14/2018 2.875% 09/12/2023
3135G0U43 5,665,000.00 AA+ Aaa 12/03/18 12/06/18 5,653,556.70 2.92 35,740.64 5,661,923.91 5,705,872.97 CITY OF MODESTO - COMBINED PORTFOLIO Page 10
#10..
- 164 -
Managed Account Detail of Securities Held For the Month Ending May 31, 2022 CITY OF MODESTO - Combined Portfolio
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Federal Agency Bond / Note

FEDERAL FARM CREDIT BANK (CALLABLE)
DTD 09/21/2020 0.250% 09/21/2023
3133EMAM4 2,345,000.00 AA+ Aaa 10/07/20 10/09/20 2,341,013.50 0.31 1,139.93 2,343,234.39 2,281,335.60

FANNIE MAE NOTES
DTD 11/25/2020 0.250% 11/27/2023
3135G06H1 900,000.00 AA+ Aaa 01/25/21 01/26/21 901,368.00 0.20 25.00 900,719.03 871,884.00

FREDDIE MAC NOTES
DTD 12/04/2020 0.250% 12/04/2023
3137EAFA2 2,015,000.00 AA+ Aaa 12/02/20 12/04/20 2,013,005.15 0.28 2,476.77 2,013,996.20 1,950,953.23

FEDERAL HOME LOAN BANKS NOTES
DTD 12/09/2013 3.375% 12/08/2023
3130A0F70 2,025,000.00 AA+ Aaa 01/30/19 01/31/19 2,084,684.63 2.72 32,842.97 2,043,693.55 2,054,024.33

FANNIE MAE NOTES
DTD 01/10/2020 1.625% 01/07/2025
3135G0X24 3,500,000.00 AA+ Aaa 03/04/20 03/05/20 3,628,135.00 0.85 22,750.00 3,568,884.33 3,402,976.50

FREDDIE MAC NOTES
DTD 02/14/2020 1.500% 02/12/2025
3137EAEP0 640,000.00 AA+ Aaa 02/27/20 02/28/20 649,676.80 1.18 2,906.67 645,273.88 619,226.88

FEDERAL HOME LOAN BANK NOTES
DTD 04/16/2020 0.500% 04/14/2025
3130AJHU6 2,370,000.00 AA+ Aaa 04/15/20 04/16/20 2,358,244.80 0.60 1,547.08 2,363,245.92 2,222,168.88

FANNIE MAE NOTES
DTD 04/24/2020 0.625% 04/22/2025
3135G03U5 475,000.00 AA+ Aaa 04/29/20 04/30/20 475,731.50 0.59 321.61 475,424.90 446,662.93

FANNIE MAE NOTES
DTD 04/24/2020 0.625% 04/22/2025
3135G03U5 1,910,000.00 AA+ Aaa 06/03/20 06/05/20 1,919,779.20 0.52 1,293.23 1,915,795.08 1,796,055.13

FANNIE MAE NOTES
DTD 04/24/2020 0.625% 04/22/2025
3135G03U5 3,195,000.00 AA+ Aaa 04/22/20 04/24/20 3,188,418.30 0.67 2,163.28 3,191,189.54 3,004,395.89

FANNIE MAE NOTES
DTD 04/24/2020 0.625% 04/22/2025
3135G03U5 3,345,000.00 AA+ Aaa 05/01/20 05/04/20 3,347,475.30 0.61 2,264.84 3,346,440.97 3,145,447.33

FANNIE MAE NOTES
DTD 06/19/2020 0.500% 06/17/2025
3135G04Z3 200,000.00 AA+ Aaa 09/17/20 09/18/20 200,712.00 0.42 455.56 200,456.86 186,628.80

FANNIE MAE NOTES
DTD 06/19/2020 0.500% 06/17/2025
3135G04Z3 1,075,000.00 AA+ Aaa 10/01/20 10/05/20 1,080,041.75 0.40 2,448.61 1,078,267.15 1,003,129.80

FANNIE MAE NOTES
DTD 06/19/2020 0.500% 06/17/2025
3135G04Z3 1,190,000.00 AA+ Aaa 01/04/21 01/05/21 1,197,223.30 0.36 2,710.56 1,194,946.00 1,110,441.36 CITY OF MODESTO - COMBINED PORTFOLIO Page 11
#10..
- 165 -
Managed Account Detail of Securities Held For the Month Ending May 31, 2022 CITY OF MODESTO - Combined Portfolio
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Federal Agency Bond / Note

FANNIE MAE NOTES
DTD 06/19/2020 0.500% 06/17/2025
3135G04Z3 3,675,000.00 AA+ Aaa 06/17/20 06/19/20 3,667,392.75 0.54 8,370.83 3,670,362.25 3,429,304.20

FANNIE MAE NOTES
DTD 06/19/2020 0.500% 06/17/2025
3135G04Z3 3,820,000.00 AA+ Aaa 10/02/20 10/05/20 3,836,311.40 0.41 8,701.11 3,830,570.09 3,564,610.08

FREDDIE MAC NOTES
DTD 07/23/2020 0.375% 07/21/2025
3137EAEU9 2,220,000.00 AA+ Aaa 07/21/20 07/23/20 2,208,944.40 0.48 3,006.25 2,213,053.88 2,057,353.92

FANNIE MAE NOTES
DTD 08/27/2020 0.375% 08/25/2025
3135G05X7 450,000.00 AA+ Aaa 10/22/20 10/23/20 447,480.00 0.49 450.00 448,315.72 415,951.20

FANNIE MAE NOTES
DTD 08/27/2020 0.375% 08/25/2025
3135G05X7 550,000.00 AA+ Aaa 10/15/20 10/16/20 548,289.50 0.44 550.00 548,861.27 508,384.80

FANNIE MAE NOTES
DTD 08/27/2020 0.375% 08/25/2025
3135G05X7 2,360,000.00 AA+ Aaa 08/25/20 08/27/20 2,348,955.20 0.47 2,360.00 2,352,848.73 2,181,432.96

FREDDIE MAC NOTES
DTD 09/25/2020 0.375% 09/23/2025
3137EAEX3 130,000.00 AA+ Aaa 09/29/20 09/30/20 129,829.70 0.40 92.08 129,886.72 120,015.87

FREDDIE MAC NOTES
DTD 09/25/2020 0.375% 09/23/2025
3137EAEX3 3,400,000.00 AA+ Aaa 09/23/20 09/25/20 3,389,766.00 0.44 2,408.34 3,393,211.00 3,138,876.60

FANNIE MAE NOTES
DTD 11/12/2020 0.500% 11/07/2025
3135G06G3 2,040,000.00 AA+ Aaa 11/19/20 11/24/20 2,039,224.80 0.51 680.00 2,039,462.20 1,884,841.68

FANNIE MAE NOTES
DTD 11/12/2020 0.500% 11/07/2025
3135G06G3 2,215,000.00 AA+ Aaa 11/09/20 11/12/20 2,207,070.30 0.57 738.33 2,209,535.00 2,046,531.53 Security Type Sub-Total 75,065,000.00 75,113,776.28 1.13 266,967.01 75,106,062.89 72,324,535.47 Corporate Note

TOYOTA MOTOR CREDIT CORP CORP
NOTES
DTD 09/20/2018 3.450% 09/20/2023
89236TFN0 2,230,000.00 A+ A1 11/13/18 11/15/18 2,210,175.30 3.65 15,173.29 2,224,668.61 2,252,440.49

US BANK NA CINCINNATI CORP NOTES
(CALLAB
DTD 02/04/2019 3.375% 02/05/2024
91159HHV5 2,860,000.00 A+ A2 07/19/19 07/23/19 2,995,535.40 2.27 31,102.50 2,908,566.16 2,879,173.44 CITY OF MODESTO - COMBINED PORTFOLIO Page 12
#10..
- 166 -
Managed Account Detail of Securities Held For the Month Ending May 31, 2022 CITY OF MODESTO - Combined Portfolio
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Corporate Note

BANK OF AMERICA CORP NOTE
DTD 03/05/2018 3.550% 03/05/2024
06051GHF9 2,010,000.00 A- A2 09/28/20 09/30/20 2,142,318.30 1.57 17,045.92 2,077,955.80 2,017,286.25

PFIZER INC CORP NOTES
DTD 03/11/2019 2.950% 03/15/2024
717081ES8 3,445,000.00 A+ A2 04/02/19 04/04/19 3,486,374.45 2.69 21,454.69 3,459,520.62 3,459,923.74 AMAZON.COM INC CORPORATE NOTES
DTD 05/12/2021 0.450% 05/12/2024
023135BW5 1,590,000.00 AA A1 05/10/21 05/12/21 1,587,678.60 0.50 377.63 1,588,494.06 1,524,499.95

JP MORGAN CHASE BANK CORP NOTE
DTD 05/13/2014 3.625% 05/13/2024
46625HJX9 1,320,000.00 A- A2 09/22/20 09/24/20 1,461,028.80 0.65 2,392.50 1,395,668.81 1,336,143.60

WALMART INC CORPORATE NOTES
DTD 04/23/2019 2.850% 07/08/2024
931142EL3 4,000,000.00 AA Aa2 07/10/19 07/12/19 4,124,840.00 2.19 45,283.33 4,028,914.14 4,014,104.00

JPMORGAN CHASE & CO CORPORATE

NOTES (CAL
DTD 09/16/2020 0.653% 09/16/2024
46647PBS4 1,405,000.00 A- A2 09/09/20 09/16/20 1,405,000.00 0.65 1,911.39 1,405,000.00 1,359,652.22

PACCAR FINANCIAL CORP CORPORATE
NOTES
DTD 02/06/2020 1.800% 02/06/2025
69371RQ66 1,810,000.00 A+ A1 05/11/20 05/13/20 1,839,014.30 1.45 10,407.50 1,826,452.62 1,747,647.31

NOVARTIS CAPITAL CORP
DTD 02/14/2020 1.750% 02/14/2025
66989HAP3 2,290,000.00 AA- A1 05/07/20 05/11/20 2,378,050.50 0.92 11,911.18 2,339,357.74 2,230,075.28

MASTERCARD INC CORPORATE NOTES
DTD 12/03/2019 2.000% 03/03/2025
57636QAN4 1,760,000.00 A+ A1 05/04/20 05/06/20 1,836,225.60 1.08 8,604.44 1,803,520.40 1,718,295.04 AMAZON.COM INC CORPORATE NOTES
DTD 04/13/2022 3.000% 04/13/2025
023135CE4 3,430,000.00 AA A1 04/11/22 04/13/22 3,424,546.30 3.06 13,720.00 3,424,790.12 3,440,396.33

JPMORGAN CHASE & CO CORPORATE
NOTES
DTD 06/01/2021 0.824% 06/01/2025
46647PCH7 865,000.00 A- A2 05/24/21 06/01/21 865,000.00 0.82 3,563.80 865,000.00 820,928.25

BRISTOL-MYERS SQUIBB CO CORPORATE
NOTES
DTD 11/13/2020 0.750% 11/13/2025
110122DN5 2,230,000.00 A+ A2 06/23/21 06/25/21 2,210,888.90 0.95 836.25 2,214,956.87 2,049,488.19 CITY OF MODESTO - COMBINED PORTFOLIO Page 13
#10..
- 167 -
Managed Account Detail of Securities Held For the Month Ending May 31, 2022 CITY OF MODESTO - Combined Portfolio
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Corporate Note

BANK OF NY MELLON CORP (CALLABLE)
CORPOR
DTD 01/28/2021 0.750% 01/28/2026
06406RAQ0 3,465,000.00 A A1 02/02/21 02/04/21 3,465,831.60 0.75 8,879.06 3,465,607.42 3,155,724.50

BANK OF AMERICA CORP NOTES
(CALLABLE)
DTD 03/22/2022 3.384% 04/02/2026
06051GKM0 2,025,000.00 A- A2 03/17/22 03/22/22 2,025,000.00 3.38 13,134.15 2,025,000.00 1,997,569.35

MICROSOFT CORP (CALLABLE) NOTES
DTD 08/08/2016 2.400% 08/08/2026
594918BR4 3,000,000.00 AAA Aaa 02/23/22 02/25/22 3,033,150.00 2.14 22,600.00 3,031,074.07 2,938,302.00

TARGET CORP CORPORATE NOTES
DTD 01/24/2022 1.950% 01/15/2027
87612EBM7 365,000.00 A A2 01/19/22 01/24/22 364,379.50 1.99 2,510.90 364,423.21 344,293.19 Security Type Sub-Total 40,100,000.00 40,855,037.55 1.89 230,908.53 40,448,970.65 39,285,943.13 Commercial Paper

MUFG BANK LTD/NY COMM PAPER
DTD 11/04/2021 0.000% 06/16/2022
62479MFG3 10,000,000.00 A-1 P-1 02/17/22 02/18/22 9,981,644.44 0.56 0.00 9,997,666.67 9,995,230.00

LMA AMERICAS LLC COMM PAPER
DTD 04/19/2022 0.000% 08/01/2022
53944RH19 10,000,000.00 A-1 P-1 05/17/22 05/17/22 9,973,611.11 1.25 0.00 9,978,819.44 9,975,590.00

COLLAT CP FLEX CO LLC COMM PAPER
DTD 05/13/2022 0.000% 09/12/2022
19423KJC9 10,000,000.00 A-1 P-1 05/23/22 05/24/22 9,949,741.67 1.64 0.00 9,953,363.89 9,952,630.00

STARBIRD FUNDING CORP COMM PAPER
DTD 05/16/2022 0.000% 09/19/2022
85520MJK0 10,000,000.00 A-1 P-1 05/23/22 05/24/22 9,947,555.56 1.61 0.00 9,951,111.12 9,948,450.00 Security Type Sub-Total 40,000,000.00 39,852,552.78 1.26 0.00 39,880,961.12 39,871,900.00 Certificate of Deposit

SKANDINAV ENSKILDA BANK LT CD
DTD 09/03/2019 1.860% 08/26/2022
83050PDR7 3,560,000.00 A-1 P-1 08/29/19 09/03/19 3,560,000.00 1.85 17,473.67 3,560,000.00 3,562,951.24

BARCLAYS BANK PLC NY CERT DEPOS
DTD 02/03/2022 1.050% 02/01/2023
06742TG34 2,750,000.00 A-1 P-1 02/02/22 02/03/22 2,750,000.00 1.05 9,464.58 2,750,000.00 2,720,850.94 CITY OF MODESTO - COMBINED PORTFOLIO Page 14
#10..
- 168 -
Managed Account Detail of Securities Held For the Month Ending May 31, 2022 CITY OF MODESTO - Combined Portfolio
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Certificate of Deposit

CREDIT SUISSE NEW YORK CERT DEPOS
DTD 03/23/2021 0.590% 03/17/2023
22552G3C2 1,850,000.00 A-1 P-1 03/19/21 03/23/21 1,850,000.00 0.59 2,304.28 1,850,000.00 1,821,432.30 Security Type Sub-Total 8,160,000.00 8,160,000.00 1.30 29,242.53 8,160,000.00 8,105,234.48 Asset-Backed Security
HAROT 2019-1 A3
DTD 02/27/2019 2.830% 03/20/2023
43814WAC9 20,135.99 AAA NR 02/19/19 02/27/19 20,135.45 2.83 20.58 20,135.88 20,148.84

HYUNDAI AUTO RECEIVABLES TRUST
DTD 04/10/2019 2.660% 06/15/2023
44932NAD2 8,436.27 AAA NR 04/03/19 04/10/19 8,435.16 2.66 9.97 8,435.99 8,440.13 HAROT 2019-2 A3
DTD 05/29/2019 2.520% 06/21/2023
43815MAC0 160,800.72 NR Aaa 05/21/19 05/29/19 160,794.72 2.52 112.56 160,799.16 161,035.14 TAOT 2019-A A3
DTD 02/13/2019 2.910% 07/15/2023
89239AAD5 195,494.00 AAA Aaa 02/05/19 02/13/19 195,458.38 2.91 252.84 195,484.97 195,905.08 ALLYA 2019-1 A3
DTD 02/13/2019 2.910% 09/15/2023
02004WAC5 32,460.23 NR Aaa 02/05/19 02/13/19 32,456.31 2.91 41.98 32,459.13 32,456.97 NAROT 2019-A A3
DTD 02/13/2019 2.900% 10/15/2023
65479KAD2 144,612.95 NR Aaa 02/05/19 02/13/19 144,591.05 2.90 186.39 144,606.51 144,851.76 COPAR 2019-1 A3
DTD 05/30/2019 2.510% 11/15/2023
14042WAC4 76,041.71 AAA Aaa 05/21/19 05/30/19 76,026.30 2.51 84.83 76,036.68 76,139.26 NAROT 2019-B A3
DTD 05/28/2019 2.500% 11/15/2023
65479HAC1 240,291.74 NR Aaa 05/21/19 05/28/19 240,237.41 2.51 266.99 240,274.03 240,693.00 CARMX 2019-2 A3
DTD 04/17/2019 2.680% 03/15/2024
14316LAC7 180,657.85 AAA NR 04/09/19 04/17/19 180,639.39 2.68 215.18 180,651.13 180,845.59 HAROT 2020-1 A3
DTD 02/26/2020 1.610% 04/22/2024
43813RAC1 706,120.84 NR Aaa 02/19/20 02/26/20 705,982.43 1.61 315.79 706,057.79 704,110.73 TAOT 2020-A A3
DTD 02/12/2020 1.660% 05/15/2024
89232HAC9 919,527.30 AAA Aaa 02/04/20 02/12/20 919,460.91 1.66 678.41 919,496.80 917,621.58 CARMX 2020-1 A3
DTD 01/22/2020 1.890% 12/16/2024
14315XAC2 519,525.21 AAA NR 01/14/20 01/22/20 519,423.28 1.89 436.40 519,472.31 517,729.26 CITY OF MODESTO - COMBINED PORTFOLIO Page 15
#10..
- 169 -
Managed Account Detail of Securities Held For the Month Ending May 31, 2022 CITY OF MODESTO - Combined Portfolio
Dated Date/Coupon/Maturity CUSIP Rating Rating Date Date Cost at Cost Interest Cost Value Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Par
Asset-Backed Security
HAROT 2021-1 A3
DTD 02/24/2021 0.270% 04/21/2025
43813GAC5 650,000.00 NR Aaa 02/17/21 02/24/21 649,988.11 0.27 48.75 649,991.73 637,031.40 HART 2021-A A3
DTD 04/28/2021 0.380% 09/15/2025
44933LAC7 510,000.00 AAA NR 04/20/21 04/28/21 509,946.35 0.38 86.13 509,959.72 496,337.66 CARMX 2021-1 A3
DTD 01/27/2021 0.340% 12/15/2025
14316NAC3 385,000.00 AAA NR 01/20/21 01/27/21 384,923.92 0.34 58.18 384,944.83 377,584.48 TAOT 2021-C A3
DTD 09/27/2021 0.430% 01/15/2026
89239BAC5 980,000.00 AAA Aaa 09/21/21 09/27/21 979,921.89 0.43 187.29 979,934.17 942,468.25 CARMX 2021-2 A3
DTD 04/21/2021 0.520% 02/17/2026
14314QAC8 770,000.00 AAA NR 04/13/21 04/21/21 769,834.07 0.52 177.96 769,872.28 742,062.32 HART 2021-C A3
DTD 11/17/2021 0.740% 05/15/2026
44935FAD6 465,000.00 AAA NR 11/09/21 11/17/21 464,896.21 0.75 152.93 464,908.61 447,543.39 DCENT 2021-A1 A1
DTD 09/27/2021 0.580% 09/15/2026
254683CP8 775,000.00 AAA Aaa 09/20/21 09/27/21 774,834.07 0.58 199.78 774,856.66 733,288.18 Security Type Sub-Total 7,739,104.81 7,737,985.41 1.13 3,532.94 7,738,378.38 7,576,293.02 Managed Account Sub-Total 398,258,967.62 393,595,626.20 1.56 984,043.93 393,662,347.97 383,792,967.22 $398,258,967.62 $393,595,626.20 1.56% $984,043.93 $393,662,347.97 $383,792,967.22 $384,777,011.15
$984,043.93
Total Investments
Accrued Interest
Securities Sub-Total
CITY OF MODESTO - COMBINED PORTFOLIO Page 16
#10..
- 170 -
Managed Account Fair Market Value & Analytics For the Month Ending May 31, 2022 CITY OF MODESTO - Combined Portfolio
Dated Date/Coupon/Maturity CUSIP Par Broker Date Price Value On Cost Amort Cost at Mkt Security Type/Description Next Call Market Market Unreal G/L Unreal G/L Effective YTM Duration
U.S. Treasury Bond / Note
US TREASURY NOTES 9128286Y1 3,230,000.00 CITIGRP 100.03 3,231,009.38 (6,939.45) (603.43) DTD 06/17/2019 1.750% 06/15/2022

0.04 0.98
US TREASURY NOTES 912828YW4 4,235,000.00 CITIGRP 100.03 4,236,323.44 (4,135.74) (2,944.25) DTD 12/15/2019 1.625% 12/15/2022

0.54 1.57
US TREASURY NOTES 912828ZD5 4,315,000.00 CITIGRP 98.88 4,266,456.25 2,022.66 (6,109.36) DTD 03/15/2020 0.500% 03/15/2023

0.79 1.94
US TREASURY N/B NOTES 91282CCD1 4,355,000.00 WELLS_F 98.00 4,267,900.00 5,954.10 (6,260.64) DTD 05/31/2021 0.125% 05/31/2023

1.00 2.16
US TREASURY NOTES 912828S35 5,100,000.00 MERRILL 99.14 5,056,171.62 207,784.90 17,708.33 DTD 06/30/2016 1.375% 06/30/2023

1.07 2.18
US TREASURY NOTES 912828S92 3,155,000.00 RBC 98.88 3,119,506.25 122,379.49 5,669.52 DTD 08/01/2016 1.250% 07/31/2023

1.16 2.23
US TREASURY NOTES 912828S92 5,625,000.00 NOMURA 98.88 5,561,718.75 174,902.34 827.70 DTD 08/01/2016 1.250% 07/31/2023

1.16 2.23
US TREASURY NOTES 9128282D1 1,750,000.00 RBS 98.91 1,730,859.38 6,972.66 (11,306.64) DTD 08/31/2016 1.375% 08/31/2023

1.24 2.27
US TREASURY NOTES 91282CAK7 4,395,000.00 NOMURA 97.28 4,275,510.94 10,987.50 (2,655.49) DTD 09/15/2020 0.125% 09/15/2023

1.29 2.27
US TREASURY NOTES 9128285D8 2,700,000.00 TD 100.78 2,721,093.75 (48,726.56) 43.71 DTD 10/01/2018 2.875% 09/30/2023

1.31 2.28
US TREASURY NOTES 91282CAW1 3,910,000.00 MERRILL 97.03 3,793,921.88 (115,467.18) (115,728.26) DTD 11/15/2020 0.250% 11/15/2023

1.45 2.33
US TREASURY NOTES 912828WE6 8,790,000.00 TD 100.59 8,842,190.63 (36,739.45) 24,571.95 DTD 11/15/2013 2.750% 11/15/2023

1.44 2.33
US TREASURY NOTES 912828U57 3,275,000.00 BNP_PARI 99.66 3,263,742.19 47,333.98 6,687.16 DTD 11/30/2016 2.125% 11/30/2023

1.48 2.36
US TREASURY NOTES 91282CBA8 4,430,000.00 NOMURA 96.64 4,281,179.47 17,650.56 2,811.16 DTD 12/15/2020 0.125% 12/15/2023

1.54 2.36
US TREASURY NOTES 9128285U0 270,000.00 MERRILL 100.39 271,054.67 253.11 796.56 DTD 12/31/2018 2.625% 12/31/2023

1.54 2.37
US TREASURY NOTES 9128286G0 457,000.00 WELLS_F 99.89 456,500.13 (24,171.04) (16,721.36) DTD 02/28/2019 2.375% 02/29/2024

1.71 2.44
US TREASURY NOTES 9128286G0 1,564,000.00 WELLS_F 99.89 1,562,289.30 (82,293.36) (56,932.76) DTD 02/28/2019 2.375% 02/29/2024

1.71 2.44
CITY OF MODESTO - COMBINED PORTFOLIO Page 17
#10..
- 171 -
Managed Account Fair Market Value & Analytics For the Month Ending May 31, 2022 CITY OF MODESTO - Combined Portfolio
Dated Date/Coupon/Maturity CUSIP Par Broker Date Price Value On Cost Amort Cost at Mkt Security Type/Description Next Call Market Market Unreal G/L Unreal G/L Effective YTM Duration
U.S. Treasury Bond / Note
US TREASURY NOTES 91282CBR1 4,450,000.00 RBS 96.16 4,278,953.13 15,992.19 1,462.32 DTD 03/15/2021 0.250% 03/15/2024

1.79 2.46
US TREASURY N/B NOTES 91282CBV2 4,890,000.00 BARCLAY 96.11 4,699,748.68 (193,880.62) (192,547.75) DTD 04/15/2021 0.375% 04/15/2024

1.87 2.51
US TREASURY N/B NOTES 91282CCG4 4,485,000.00 NOMURA 95.44 4,280,371.88 17,519.54 2,246.89 DTD 06/15/2021 0.250% 06/15/2024

2.03 2.56
US TREASURY NOTES 9128282N9 2,450,000.00 TD 99.05 2,426,648.56 (62,494.02) (40,354.07) DTD 07/31/2017 2.125% 07/31/2024

2.12 2.58
US TREASURY NOTES 9128282U3 1,630,000.00 MERRILL 98.39 1,603,767.11 (68,447.34) (45,278.05) DTD 08/31/2017 1.875% 08/31/2024

2.20 2.62
US TREASURY N/B NOTES 91282CCX7 4,505,000.00 BARCLAY 95.03 4,281,157.81 16,717.77 1,885.04 DTD 09/15/2021 0.375% 09/15/2024

2.28 2.62
US TREASURY NOTES 9128282Y5 1,850,000.00 HSBC 98.88 1,829,187.50 (76,095.70) (46,635.57) DTD 10/02/2017 2.125% 09/30/2024

2.28 2.62
US TREASURY NOTES 9128283D0 460,000.00 MORGAN_S 99.06 455,687.50 (19,352.34) (11,601.29) DTD 10/31/2017 2.250% 10/31/2024

2.36 2.65
US TREASURY NOTES 9128283J7 1,215,000.00 NOMURA 98.66 1,198,673.44 (41,291.01) (28,829.33) DTD 11/30/2017 2.125% 11/30/2024

2.45 2.68
US TREASURY NOTES 9128283J7 3,450,000.00 RBS 98.66 3,403,640.63 (126,275.39) (87,143.79) DTD 11/30/2017 2.125% 11/30/2024

2.45 2.68
US TREASURY NOTES 9128283J7 4,585,000.00 HSBC 98.66 4,523,389.06 (325,427.54) (245,477.01) DTD 11/30/2017 2.125% 11/30/2024

2.45 2.68
US TREASURY N/B NOTES 91282CDN8 4,445,000.00 BNP_PAR 95.92 4,263,727.57 11,807.26 1,004.23 DTD 12/15/2021 1.000% 12/15/2024

2.50 2.67
US TREASURY N/B NOTES 91282CDZ1 4,400,000.00 RBS 96.84 4,261,125.00 6,015.62 (1,610.20) DTD 02/15/2022 1.500% 02/15/2025

2.65 2.72
US TREASURY NOTES 912828ZL7 4,945,000.00 JPM_CHA 93.41 4,618,939.06 (275,838.28) (289,485.37) DTD 04/30/2020 0.375% 04/30/2025

2.90 2.74
US TREASURY NOTES 912828XZ8 4,230,000.00 BARCLAY 100.05 4,231,983.02 (165.03) (64.91) DTD 07/02/2018 2.750% 06/30/2025

2.94 2.73
US TREASURY NOTES 91282CAJ0 4,340,000.00 WELLS_F 92.19 4,000,937.50 (290,576.56) (300,332.48) DTD 08/31/2020 0.250% 08/31/2025

3.24 2.78
US TREASURY NOTES 91282CAJ0 4,635,000.00 BNP_PAR 92.19 4,272,890.63 9,958.01 (6,518.40) DTD 08/31/2020 0.250% 08/31/2025

3.24 2.78
CITY OF MODESTO - COMBINED PORTFOLIO Page 18
#10..
- 172 -
Managed Account Fair Market Value & Analytics For the Month Ending May 31, 2022 CITY OF MODESTO - Combined Portfolio
Dated Date/Coupon/Maturity CUSIP Par Broker Date Price Value On Cost Amort Cost at Mkt Security Type/Description Next Call Market Market Unreal G/L Unreal G/L Effective YTM Duration
U.S. Treasury Bond / Note
US TREASURY NOTES 91282CAM3 1,100,000.00 BNP_PAR 91.98 1,011,828.18 (64,195.26) (68,226.86) DTD 09/30/2020 0.250% 09/30/2025

3.32 2.78
US TREASURY NOTES 91282CAM3 4,550,000.00 HSBC 91.98 4,185,289.29 (288,284.93) (301,950.81) DTD 09/30/2020 0.250% 09/30/2025

3.32 2.78
US TREASURY NOTES 91282CAT8 5,010,000.00 HSBC 91.80 4,599,023.69 (295,315.76) (323,228.97) DTD 10/31/2020 0.250% 10/31/2025

3.40 2.78
US TREASURY NOTES 91282CAT8 6,930,000.00 TD 91.80 6,361,523.78 (421,755.13) (445,254.20) DTD 10/31/2020 0.250% 10/31/2025

3.40 2.78
US TREASURY NOTES 91282CAZ4 4,250,000.00 WELLS_F 91.97 3,908,671.88 (224,619.14) (241,157.48) DTD 11/30/2020 0.375% 11/30/2025

3.48 2.80
US TREASURY NOTES 91282CAZ4 4,635,000.00 WELLS_F 91.97 4,262,751.56 7,966.40 (7,721.38) DTD 11/30/2020 0.375% 11/30/2025

3.48 2.80
US TREASURY NOTES 91282CBC4 500,000.00 HSBC 91.80 458,984.40 (39,628.88) (40,002.08) DTD 12/31/2020 0.375% 12/31/2025

3.56 2.80
US TREASURY NOTES 91282CBC4 1,040,000.00 CITIGRP 91.80 954,687.55 (81,290.58) (82,416.62) DTD 12/31/2020 0.375% 12/31/2025

3.56 2.80
US TREASURY NOTES 91282CBC4 3,735,000.00 JPM_CHA 91.80 3,428,613.47 (217,826.18) (239,338.82) DTD 12/31/2020 0.375% 12/31/2025

3.56 2.80
US TREASURY NOTES 91282CBH3 2,400,000.00 BNP_PAR 91.58 2,197,874.88 (156,000.12) (165,092.47) DTD 01/31/2021 0.375% 01/31/2026

3.64 2.81
US TREASURY NOTES 91282CBH3 5,000,000.00 NOMURA 91.58 4,578,906.00 (140,625.25) (160,644.85) DTD 01/31/2021 0.375% 01/31/2026

3.64 2.81
US TREASURY NOTES 91282CBH3 5,775,000.00 MORGAN_ 91.58 5,288,636.43 (281,531.54) (301,656.36) DTD 01/31/2021 0.375% 01/31/2026

3.64 2.81
US TREASURY NOTES 91282CBH3 7,980,000.00 JPM_CHA 91.58 7,307,933.98 51,121.48 36,319.40 DTD 01/31/2021 0.375% 01/31/2026

3.64 2.81
US TREASURY NOTES 9128286F2 3,210,000.00 GOLDMAN 98.97 3,176,896.88 (315,984.37) (245,147.80) DTD 02/28/2019 2.500% 02/28/2026

3.58 2.79
US TREASURY NOTES 91282CBQ3 4,645,000.00 NOMURA 91.81 4,264,690.63 4,717.58 (10,164.00) DTD 02/28/2021 0.500% 02/28/2026

3.71 2.82
US TREASURY NOTES 91282CBQ3 6,000,000.00 WELLS_F 91.81 5,508,750.00 (329,531.25) (347,965.51) DTD 02/28/2021 0.500% 02/28/2026

3.71 2.82
US TREASURY N/B NOTES 91282CBT7 2,480,000.00 WELLS_F 92.55 2,295,162.62 (183,868.63) (184,022.91) DTD 03/31/2021 0.750% 03/31/2026

3.78 2.81
CITY OF MODESTO - COMBINED PORTFOLIO Page 19
#10..
- 173 -
Managed Account Fair Market Value & Analytics For the Month Ending May 31, 2022 CITY OF MODESTO - Combined Portfolio
Dated Date/Coupon/Maturity CUSIP Par Broker Date Price Value On Cost Amort Cost at Mkt Security Type/Description Next Call Market Market Unreal G/L Unreal G/L Effective YTM Duration
U.S. Treasury Bond / Note
US TREASURY N/B NOTES 91282CBT7 4,925,000.00 MORGAN_ 92.55 4,557,933.84 (338,785.89) (345,037.15) DTD 03/31/2021 0.750% 03/31/2026

3.78 2.81
US TREASURY N/B NOTES 91282CCF6 1,405,000.00 MERRILL 92.19 1,295,234.38 (101,752.73) (103,269.88) DTD 05/31/2021 0.750% 05/31/2026

3.95 2.83
US TREASURY N/B NOTES 91282CCF6 4,615,000.00 NOMURA 92.19 4,254,453.12 901.36 (12,220.52) DTD 05/31/2021 0.750% 05/31/2026

3.95 2.83
US TREASURY N/B NOTES 91282CCW9 4,640,000.00 RBC 91.72 4,255,750.00 (2,356.25) (15,426.66) DTD 08/31/2021 0.750% 08/31/2026

4.18 2.83
US TREASURY N/B NOTES 91282CCZ2 4,310,000.00 RBC 92.03 3,966,546.88 (1,851.95) (13,329.08) DTD 09/30/2021 0.875% 09/30/2026

4.25 2.84
Security Type Sub-Total 211,656,000.00 201,688,399.55 (4,544,561.94) (5,066,380.85) 2.56 2.56 Supra-National Agency Bond / Note
INTL BK RECON & DEVELOP NOTES 459058JM6 1,790,000.00 TD 96.81 1,732,974.18 (53,177.32) (55,124.41) DTD 11/24/2020 0.250% 11/24/2023

1.48 2.45
INTER-AMERICAN DEVEL BK NOTES 4581X0DZ8 4,095,000.00 JPM_CHA 95.12 3,894,992.01 (196,977.69) (197,671.67) DTD 09/23/2021 0.500% 09/23/2024

2.30 2.69
Security Type Sub-Total 5,885,000.00 5,627,966.19 (250,155.01) (252,796.08) 2.05 2.62 Municipal Bond / Note
CA ST TXBL GO BONDS 13063DRJ9 2,310,000.00 MORGAN_S 99.82 2,305,865.10 (50,358.00) (19,789.04) DTD 10/24/2019 2.400% 10/01/2023

1.32 2.54
MD ST TXBL GO BONDS 574193TQ1 620,000.00 JPM_CHA 95.19 590,147.00 (29,679.40) (29,758.63) DTD 08/05/2020 0.510% 08/01/2024

2.16 2.81
CA ST UNIV TXBL REV BONDS 13077DMK5 600,000.00 GOLDMAN 94.31 565,878.00 (34,122.00) (34,122.00) DTD 09/17/2020 0.685% 11/01/2024

2.40 3.14
CA ST DEPT WTR RES WTR SYS TXBL REV 13067WRB0 100,000.00 MORGAN_ 93.86 93,861.00 (6,139.00) (6,139.00) BNDS
DTD 08/06/2020 0.560% 12/01/2024

2.48 3.13
UNIV OF CAL TXBL REV BONDS 91412HGE7 220,000.00 JPM_CHA 04/15/25 92.90 204,384.40 (16,412.00) (16,097.39) DTD 07/16/2020 0.883% 05/15/2025

2.84 3.43
CITY OF MODESTO - COMBINED PORTFOLIO Page 20
#10..
- 174 -
Managed Account Fair Market Value & Analytics For the Month Ending May 31, 2022 CITY OF MODESTO - Combined Portfolio
Dated Date/Coupon/Maturity CUSIP Par Broker Date Price Value On Cost Amort Cost at Mkt Security Type/Description Next Call Market Market Unreal G/L Unreal G/L Effective YTM Duration
Municipal Bond / Note
UNIV OF CAL TXBL REV BONDS 91412HGE7 510,000.00 JPM_CHA 04/15/25 92.90 473,800.20 (36,199.80) (36,199.80) DTD 07/16/2020 0.883% 05/15/2025

2.84 3.43
FL ST BOARD OF ADMIN TXBL REV BONDS 341271AD6 505,000.00 MERRILL 94.21 475,745.35 (32,825.00) (31,553.23) DTD 09/16/2020 1.258% 07/01/2025

3.02 3.25
FL ST BOARD OF ADMIN TXBL REV BONDS 341271AD6 1,295,000.00 MERRILL 94.21 1,219,980.65 (75,019.35) (75,019.35) DTD 09/16/2020 1.258% 07/01/2025

3.02 3.25
LOS ANGELES CCD, CA TXBL GO BONDS 54438CYK2 925,000.00 MERRILL 92.54 856,022.75 (68,977.25) (68,977.25) DTD 11/10/2020 0.773% 08/01/2025

3.13 3.27
NJ TURNPIKE AUTHORITY TXBL REV 646140DP5 505,000.00 CITIGRP 91.31 461,135.70 (43,864.30) (43,864.30) BONDS
DTD 02/04/2021 1.047% 01/01/2026

3.51 3.65
Security Type Sub-Total 7,590,000.00 7,246,820.15 (393,596.10) (361,519.99) 2.38 3.02 Federal Agency Commercial Mortgage-Backed Security
FHLMC MULTIFAMILY STRUCTURED P 3137AWQH1 968,457.11 CANT_FIT 99.84 966,937.07 (15,819.92) (2,345.29) DTD 12/01/2012 2.307% 08/01/2022

0.17 3.24
FANNIEMAE-ACES 3136AJB54 959,296.65 JPM_CHAS 100.43 963,424.90 (42,487.56) (15,277.29) DTD 04/01/2014 3.346% 03/01/2024

1.64 3.09
FHMS KJ27 A1 3137FQ3V3 136,109.05 JPM_CHAS 99.56 135,513.26 (592.53) (594.31) DTD 11/01/2019 2.092% 07/01/2024

0.59 2.31
Security Type Sub-Total 2,063,862.81 2,065,875.23 (58,900.01) (18,216.89) 0.89 3.11 Federal Agency Bond / Note
FANNIE MAE NOTES 3135G04Q3 2,915,000.00 CITIGRP 98.18 2,861,842.06 (44,383.79) (50,313.35) DTD 05/22/2020 0.250% 05/22/2023

0.98 2.14
FREDDIE MAC NOTES 3137EAEN5 3,615,000.00 MORGAN_S 100.57 3,635,500.67 (4,876.63) 14,508.37 DTD 06/11/2018 2.750% 06/19/2023

1.03 2.20
FREDDIE MAC NOTES 3137EAEN5 4,170,000.00 CITIGRP 100.57 4,193,648.07 79,192.47 36,258.33 DTD 06/11/2018 2.750% 06/19/2023

1.03 2.20
FREDDIE MAC NOTES 3137EAES4 3,315,000.00 TD 97.93 3,246,356.30 (58,963.90) (65,196.10) DTD 06/26/2020 0.250% 06/26/2023

1.07 2.21
CITY OF MODESTO - COMBINED PORTFOLIO Page 21
#10..
- 175 -
Managed Account Fair Market Value & Analytics For the Month Ending May 31, 2022 CITY OF MODESTO - Combined Portfolio
Dated Date/Coupon/Maturity CUSIP Par Broker Date Price Value On Cost Amort Cost at Mkt Security Type/Description Next Call Market Market Unreal G/L Unreal G/L Effective YTM Duration
Federal Agency Bond / Note
FANNIE MAE NOTES 3135G05G4 3,395,000.00 CITIGRP 97.81 3,320,775.12 (66,925.63) (71,531.82) DTD 07/10/2020 0.250% 07/10/2023

1.11 2.25
FREDDIE MAC NOTES 3137EAEV7 2,200,000.00 CITIGRP 97.54 2,145,886.60 (51,869.40) (53,195.77) DTD 08/21/2020 0.250% 08/24/2023

1.23 2.28
FANNIE MAE NOTES 3135G0U43 3,745,000.00 JPM_CHAS 100.72 3,772,020.18 72,409.58 39,035.02 DTD 09/14/2018 2.875% 09/12/2023

1.26 2.30
FANNIE MAE NOTES 3135G0U43 5,665,000.00 TD 100.72 5,705,872.97 52,316.27 43,949.06 DTD 09/14/2018 2.875% 09/12/2023

1.26 2.30
FEDERAL FARM CREDIT BANK (CALLABLE) 3133EMAM4 2,345,000.00 TD 09/21/22 97.29 2,281,335.60 (59,677.90) (61,898.79) DTD 09/21/2020 0.250% 09/21/2023

0.31 2.37
FANNIE MAE NOTES 3135G06H1 900,000.00 MORGAN_ 96.88 871,884.00 (29,484.00) (28,835.03) DTD 11/25/2020 0.250% 11/27/2023

1.49 2.39
FREDDIE MAC NOTES 3137EAFA2 2,015,000.00 CITIGRP 96.82 1,950,953.23 (62,051.92) (63,042.97) DTD 12/04/2020 0.250% 12/04/2023

1.51 2.40
FEDERAL HOME LOAN BANKS NOTES 3130A0F70 2,025,000.00 BARCLAYS 101.43 2,054,024.33 (30,660.30) 10,330.78 DTD 12/09/2013 3.375% 12/08/2023

1.47 2.41
FANNIE MAE NOTES 3135G0X24 3,500,000.00 CITIGRP 97.23 3,402,976.50 (225,158.50) (165,907.83) DTD 01/10/2020 1.625% 01/07/2025

2.54 2.74
FREDDIE MAC NOTES 3137EAEP0 640,000.00 WELLS_FA 96.75 619,226.88 (30,449.92) (26,047.00) DTD 02/14/2020 1.500% 02/12/2025

2.64 2.76
FEDERAL HOME LOAN BANK NOTES 3130AJHU6 2,370,000.00 CITIGRP 93.76 2,222,168.88 (136,075.92) (141,077.04) DTD 04/16/2020 0.500% 04/14/2025

2.85 2.77
FANNIE MAE NOTES 3135G03U5 475,000.00 WELLS_F 94.03 446,662.93 (29,068.57) (28,761.97) DTD 04/24/2020 0.625% 04/22/2025

2.87 2.78
FANNIE MAE NOTES 3135G03U5 1,910,000.00 HSBC 94.03 1,796,055.13 (123,724.07) (119,739.95) DTD 04/24/2020 0.625% 04/22/2025

2.87 2.78
FANNIE MAE NOTES 3135G03U5 3,195,000.00 CITIGRP 94.03 3,004,395.89 (184,022.41) (186,793.65) DTD 04/24/2020 0.625% 04/22/2025

2.87 2.78
FANNIE MAE NOTES 3135G03U5 3,345,000.00 WELLS_F 94.03 3,145,447.33 (202,027.97) (200,993.64) DTD 04/24/2020 0.625% 04/22/2025

2.87 2.78
FANNIE MAE NOTES 3135G04Z3 200,000.00 WELLS_F 93.31 186,628.80 (14,083.20) (13,828.06) DTD 06/19/2020 0.500% 06/17/2025

3.02 2.80
FANNIE MAE NOTES 3135G04Z3 1,075,000.00 NOMURA 93.31 1,003,129.80 (76,911.95) (75,137.35) DTD 06/19/2020 0.500% 06/17/2025

3.02 2.80
CITY OF MODESTO - COMBINED PORTFOLIO Page 22
#10..
- 176 -
Managed Account Fair Market Value & Analytics For the Month Ending May 31, 2022 CITY OF MODESTO - Combined Portfolio
Dated Date/Coupon/Maturity CUSIP Par Broker Date Price Value On Cost Amort Cost at Mkt Security Type/Description Next Call Market Market Unreal G/L Unreal G/L Effective YTM Duration
Federal Agency Bond / Note
FANNIE MAE NOTES 3135G04Z3 1,190,000.00 RBS 93.31 1,110,441.36 (86,781.94) (84,504.64) DTD 06/19/2020 0.500% 06/17/2025

3.02 2.80
FANNIE MAE NOTES 3135G04Z3 3,675,000.00 NOMURA 93.31 3,429,304.20 (238,088.55) (241,058.05) DTD 06/19/2020 0.500% 06/17/2025

3.02 2.80
FANNIE MAE NOTES 3135G04Z3 3,820,000.00 RBS 93.31 3,564,610.08 (271,701.32) (265,960.01) DTD 06/19/2020 0.500% 06/17/2025

3.02 2.80
FREDDIE MAC NOTES 3137EAEU9 2,220,000.00 WELLS_F 92.67 2,057,353.92 (151,590.48) (155,699.96) DTD 07/23/2020 0.375% 07/21/2025

3.12 2.83
FANNIE MAE NOTES 3135G05X7 450,000.00 NOMURA 92.43 415,951.20 (31,528.80) (32,364.52) DTD 08/27/2020 0.375% 08/25/2025

3.22 2.84
FANNIE MAE NOTES 3135G05X7 550,000.00 CITIGRP 92.43 508,384.80 (39,904.70) (40,476.47) DTD 08/27/2020 0.375% 08/25/2025

3.22 2.84
FANNIE MAE NOTES 3135G05X7 2,360,000.00 BARCLAY 92.43 2,181,432.96 (167,522.24) (171,415.77) DTD 08/27/2020 0.375% 08/25/2025

3.22 2.84
FREDDIE MAC NOTES 3137EAEX3 130,000.00 WELLS_F 92.32 120,015.87 (9,813.83) (9,870.85) DTD 09/25/2020 0.375% 09/23/2025

3.29 2.82
FREDDIE MAC NOTES 3137EAEX3 3,400,000.00 CITIGRP 92.32 3,138,876.60 (250,889.40) (254,334.40) DTD 09/25/2020 0.375% 09/23/2025

3.29 2.82
FANNIE MAE NOTES 3135G06G3 2,040,000.00 NOMURA 92.39 1,884,841.68 (154,383.12) (154,620.52) DTD 11/12/2020 0.500% 11/07/2025

3.41 2.84
FANNIE MAE NOTES 3135G06G3 2,215,000.00 BARCLAY 92.39 2,046,531.53 (160,538.77) (163,003.47) DTD 11/12/2020 0.500% 11/07/2025

3.41 2.84
Security Type Sub-Total 75,065,000.00 72,324,535.47 (2,789,240.81) (2,781,527.42) 2.07 2.54 Corporate Note
TOYOTA MOTOR CREDIT CORP CORP 89236TFN0 2,230,000.00 JPM_CHAS 101.01 2,252,440.49 42,265.19 27,771.88 NOTES
DTD 09/20/2018 3.450% 09/20/2023

1.28 2.66
US BANK NA CINCINNATI CORP NOTES 91159HHV5 2,860,000.00 GOLDMAN 01/05/24 100.67 2,879,173.44 (116,361.96) (29,392.72) (CALLAB
DTD 02/04/2019 3.375% 02/05/2024

1.55 2.96
BANK OF AMERICA CORP NOTE 06051GHF9 2,010,000.00 MERRILL 100.36 2,017,286.25 (125,032.05) (60,669.55) DTD 03/05/2018 3.550% 03/05/2024

1.71 3.33
CITY OF MODESTO - COMBINED PORTFOLIO Page 23
#10..
- 177 -
Managed Account Fair Market Value & Analytics For the Month Ending May 31, 2022 CITY OF MODESTO - Combined Portfolio
Dated Date/Coupon/Maturity CUSIP Par Broker Date Price Value On Cost Amort Cost at Mkt Security Type/Description Next Call Market Market Unreal G/L Unreal G/L Effective YTM Duration
Corporate Note
PFIZER INC CORP NOTES 717081ES8 3,445,000.00 BONY 02/15/24 100.43 3,459,923.74 (26,450.71) 403.12 DTD 03/11/2019 2.950% 03/15/2024

1.67 2.70
AMAZON.COM INC CORPORATE NOTES 023135BW5 1,590,000.00 JPM_CHA 95.88 1,524,499.95 (63,178.65) (63,994.11) DTD 05/12/2021 0.450% 05/12/2024

1.94 2.63
JP MORGAN CHASE BANK CORP NOTE 46625HJX9 1,320,000.00 JPM_CHA 101.22 1,336,143.60 (124,885.20) (59,525.21) DTD 05/13/2014 3.625% 05/13/2024

1.90 2.98
WALMART INC CORPORATE NOTES 931142EL3 4,000,000.00 CITIGRP 04/15/23 100.35 4,014,104.00 (110,736.00) (14,810.14) DTD 04/23/2019 2.850% 07/08/2024

0.86 2.68
JPMORGAN CHASE & CO CORPORATE 46647PBS4 1,405,000.00 JPM_CHA 09/16/23 96.77 1,359,652.22 (45,347.78) (45,347.78)

NOTES (CAL
DTD 09/16/2020 0.653% 09/16/2024

1.29 2.10
PACCAR FINANCIAL CORP CORPORATE 69371RQ66 1,810,000.00 MITSU 96.56 1,747,647.31 (91,366.99) (78,805.31) NOTES
DTD 02/06/2020 1.800% 02/06/2025

2.62 3.15
NOVARTIS CAPITAL CORP 66989HAP3 2,290,000.00 CITIGRP 01/14/25 97.38 2,230,075.28 (147,975.22) (109,282.46) DTD 02/14/2020 1.750% 02/14/2025

2.56 2.76
MASTERCARD INC CORPORATE NOTES 57636QAN4 1,760,000.00 JSEB 97.63 1,718,295.04 (117,930.56) (85,225.36) DTD 12/03/2019 2.000% 03/03/2025

2.68 2.90
AMAZON.COM INC CORPORATE NOTES 023135CE4 3,430,000.00 JPM_CHA 100.30 3,440,396.33 15,850.03 15,606.21 DTD 04/13/2022 3.000% 04/13/2025

2.76 2.89
JPMORGAN CHASE & CO CORPORATE 46647PCH7 865,000.00 JPM_CHA 94.91 820,928.25 (44,071.75) (44,071.75) NOTES
DTD 06/01/2021 0.824% 06/01/2025

2.96 2.60
BRISTOL-MYERS SQUIBB CO CORPORATE 110122DN5 2,230,000.00 MERRILL 10/13/25 91.91 2,049,488.19 (161,400.71) (165,468.68) NOTES
DTD 11/13/2020 0.750% 11/13/2025

3.33 3.25
BANK OF NY MELLON CORP (CALLABLE) 06406RAQ0 3,465,000.00 US_BANC 12/28/25 91.07 3,155,724.50 (310,107.10) (309,882.92) CORPOR
DTD 01/28/2021 0.750% 01/28/2026

3.52 3.36
BANK OF AMERICA CORP NOTES 06051GKM0 2,025,000.00 MERRILL 98.65 1,997,569.35 (27,430.65) (27,430.65) (CALLABLE)
DTD 03/22/2022 3.384% 04/02/2026

3.61 3.76
MICROSOFT CORP (CALLABLE) NOTES 594918BR4 3,000,000.00 TD 05/08/26 97.94 2,938,302.00 (94,848.00) (92,772.07) DTD 08/08/2016 2.400% 08/08/2026

3.75 2.92
CITY OF MODESTO - COMBINED PORTFOLIO Page 24
#10..
- 178 -
Managed Account Fair Market Value & Analytics For the Month Ending May 31, 2022 CITY OF MODESTO - Combined Portfolio
Dated Date/Coupon/Maturity CUSIP Par Broker Date Price Value On Cost Amort Cost at Mkt Security Type/Description Next Call Market Market Unreal G/L Unreal G/L Effective YTM Duration
Corporate Note
TARGET CORP CORPORATE NOTES 87612EBM7 365,000.00 CITIGRP 94.33 344,293.19 (20,086.31) (20,130.02) DTD 01/24/2022 1.950% 01/15/2027

4.41 3.28
Security Type Sub-Total 40,100,000.00 39,285,943.13 (1,569,094.42) (1,163,027.52) 2.34 2.94 Commercial Paper
MUFG BANK LTD/NY COMM PAPER 62479MFG3 10,000,000.00 MITSU 99.95 9,995,230.00 13,585.56 (2,436.67) DTD 11/04/2021 0.000% 06/16/2022

0.04 1.07
LMA AMERICAS LLC COMM PAPER 53944RH19 10,000,000.00 GOLDMAN 99.76 9,975,590.00 1,978.89 (3,229.44) DTD 04/19/2022 0.000% 08/01/2022

0.17 1.42
COLLAT CP FLEX CO LLC COMM PAPER 19423KJC9 10,000,000.00 RBC 99.53 9,952,630.00 2,888.33 (733.89) DTD 05/13/2022 0.000% 09/12/2022

0.29 1.65
STARBIRD FUNDING CORP COMM PAPER 85520MJK0 10,000,000.00 CSFB 99.48 9,948,450.00 894.44 (2,661.12) DTD 05/16/2022 0.000% 09/19/2022

0.31 1.68
Security Type Sub-Total 40,000,000.00 39,871,900.00 19,347.22 (9,061.12) 0.21 1.45 Certificate of Deposit
SKANDINAV ENSKILDA BANK LT CD 83050PDR7 3,560,000.00 BARCLAYS 100.08 3,562,951.24 2,951.24 2,951.24 DTD 09/03/2019 1.860% 08/26/2022

0.24 1.49
BARCLAYS BANK PLC NY CERT DEPOS 06742TG34 2,750,000.00 BARCLAY 98.94 2,720,850.94 (29,149.06) (29,149.06) DTD 02/03/2022 1.050% 02/01/2023

0.69 2.62
CREDIT SUISSE NEW YORK CERT DEPOS 22552G3C2 1,850,000.00 CSFB 98.46 1,821,432.30 (28,567.70) (28,567.70) DTD 03/23/2021 0.590% 03/17/2023

0.81 2.53
Security Type Sub-Total 8,160,000.00 8,105,234.48 (54,765.52) (54,765.52) 0.52 2.10 Asset-Backed Security
HAROT 2019-1 A3 43814WAC9 20,135.99 MERRILL 100.06 20,148.84 13.39 12.96 DTD 02/27/2019 2.830% 03/20/2023

0.06 2.75
HYUNDAI AUTO RECEIVABLES TRUST 44932NAD2 8,436.27 SOCGEN 100.05 8,440.13 4.97 4.14 DTD 04/10/2019 2.660% 06/15/2023

0.05 2.61
HAROT 2019-2 A3 43815MAC0 160,800.72 JPM_CHAS 100.15 161,035.14 240.42 235.98 DTD 05/29/2019 2.520% 06/21/2023

0.17 2.38
CITY OF MODESTO - COMBINED PORTFOLIO Page 25
#10..
- 179 -
Managed Account Fair Market Value & Analytics For the Month Ending May 31, 2022 CITY OF MODESTO - Combined Portfolio
Dated Date/Coupon/Maturity CUSIP Par Broker Date Price Value On Cost Amort Cost at Mkt Security Type/Description Next Call Market Market Unreal G/L Unreal G/L Effective YTM Duration
Asset-Backed Security
TAOT 2019-A A3 89239AAD5 195,494.00 MITSU 100.21 195,905.08 446.70 420.11 DTD 02/13/2019 2.910% 07/15/2023

0.15 2.72
ALLYA 2019-1 A3 02004WAC5 32,460.23 JPM_CHAS 99.99 32,456.97 0.66 (2.16) DTD 02/13/2019 2.910% 09/15/2023

0.07 2.92
NAROT 2019-A A3 65479KAD2 144,612.95 MITSU 100.17 144,851.76 260.71 245.25 DTD 02/13/2019 2.900% 10/15/2023

0.12 2.78
COPAR 2019-1 A3 14042WAC4 76,041.71 JPM_CHAS 100.13 76,139.26 112.96 102.58 DTD 05/30/2019 2.510% 11/15/2023

0.14 2.42
NAROT 2019-B A3 65479HAC1 240,291.74 WELLS_FA 100.17 240,693.00 455.59 418.97 DTD 05/28/2019 2.500% 11/15/2023

0.19 2.38
CARMX 2019-2 A3 14316LAC7 180,657.85 RBC 100.10 180,845.59 206.20 194.46 DTD 04/17/2019 2.680% 03/15/2024

0.24 2.62
HAROT 2020-1 A3 43813RAC1 706,120.84 JPM_CHAS 99.72 704,110.73 (1,871.70) (1,947.06) DTD 02/26/2020 1.610% 04/22/2024

0.49 1.76
TAOT 2020-A A3 89232HAC9 919,527.30 MITSU 99.79 917,621.58 (1,839.33) (1,875.22) DTD 02/12/2020 1.660% 05/15/2024

0.41 1.77
CARMX 2020-1 A3 14315XAC2 519,525.21 MERRILL 99.65 517,729.26 (1,694.02) (1,743.05) DTD 01/22/2020 1.890% 12/16/2024

0.54 2.03
HAROT 2021-1 A3 43813GAC5 650,000.00 JPM_CHA 98.00 637,031.40 (12,956.71) (12,960.33) DTD 02/24/2021 0.270% 04/21/2025

0.83 0.97
HART 2021-A A3 44933LAC7 510,000.00 BARCLAY 97.32 496,337.66 (13,608.69) (13,622.06) DTD 04/28/2021 0.380% 09/15/2025

1.11 1.21
CARMX 2021-1 A3 14316NAC3 385,000.00 MITSU 98.07 377,584.48 (7,339.44) (7,360.35) DTD 01/27/2021 0.340% 12/15/2025

0.84 0.89
TAOT 2021-C A3 89239BAC5 980,000.00 BARCLAY 96.17 942,468.25 (37,453.64) (37,465.92) DTD 09/27/2021 0.430% 01/15/2026

1.47 1.52
CARMX 2021-2 A3 14314QAC8 770,000.00 MERRILL 96.37 742,062.32 (27,771.75) (27,809.96) DTD 04/21/2021 0.520% 02/17/2026

1.01 1.53
HART 2021-C A3 44935FAD6 465,000.00 SMBC 96.25 447,543.39 (17,352.82) (17,365.22) DTD 11/17/2021 0.740% 05/15/2026

1.76 1.72
DCENT 2021-A1 A1 254683CP8 775,000.00 CITIGRP 94.62 733,288.18 (41,545.89) (41,568.48) DTD 09/27/2021 0.580% 09/15/2026

2.25 1.89
Security Type Sub-Total 7,739,104.81 7,576,293.02 (161,692.39) (162,085.36) 0.94 1.70 CITY OF MODESTO - COMBINED PORTFOLIO Page 26
#10..
- 180 -
Managed Account Fair Market Value & Analytics For the Month Ending May 31, 2022 CITY OF MODESTO - Combined Portfolio
Dated Date/Coupon/Maturity CUSIP Par Broker Date Price Value On Cost Amort Cost at Mkt Security Type/Description Next Call Market Market Unreal G/L Unreal G/L Effective YTM Duration
Managed Account Sub-Total 398,258,967.62 383,792,967.22 (9,802,658.98) (9,869,380.75) 2.11 2.47 Total Investments $384,777,011.15
$984,043.93
$383,792,967.22
Accrued Interest
Securities Sub-Total $398,258,967.62 ($9,802,658.98) ($9,869,380.75) 2.11 2.47% CITY OF MODESTO - COMBINED PORTFOLIO Page 27
#10..
- 181 -
Managed Account Security Transactions & Interest For the Month Ending May 31, 2022 CITY OF MODESTO - Combined Portfolio
Transaction Type
Trade Settle Security Description CUSIP Par Proceeds
Principal Accrued
Interest Total Cost
Realized G/L Realized G/L Sale
Amort Cost Method
BUY
05/04/22 US TREASURY NOTES
DTD 01/31/2021 0.375% 01/31/2026
05/03/22 91282CBH3 7,980,000.00 (7,256,812.50) (7,687.91) (7,264,500.41) 05/17/22 LMA AMERICAS LLC COMM PAPER
DTD 04/19/2022 0.000% 08/01/2022
05/17/22 53944RH19 10,000,000.00 (9,973,611.11) 0.00 (9,973,611.11) 05/24/22 COLLAT CP FLEX CO LLC COMM PAPER
DTD 05/13/2022 0.000% 09/12/2022
05/23/22 19423KJC9 10,000,000.00 (9,949,741.67) 0.00 (9,949,741.67) 05/24/22 STARBIRD FUNDING CORP COMM
PAPER
DTD 05/16/2022 0.000% 09/19/2022
05/23/22 85520MJK0 10,000,000.00 (9,947,555.56) 0.00 (9,947,555.56) Transaction Type Sub-Total 37,980,000.00 (37,127,720.84) (7,687.91) (37,135,408.75)

INTEREST
05/01/22 CA ST UNIV TXBL REV BONDS
DTD 09/17/2020 0.685% 11/01/2024
05/01/22 13077DMK5 600,000.00 0.00 2,055.00 2,055.00
05/25/22 FHLMC MULTIFAMILY STRUCTURED P
DTD 12/01/2012 2.307% 08/01/2022
05/01/22 3137AWQH1 997,195.01 0.00 1,917.11 1,917.11
05/25/22 FHMS KJ27 A1
DTD 11/01/2019 2.092% 07/01/2024
05/01/22 3137FQ3V3 157,970.21 0.00 351.51 351.51
05/25/22 FHLMC MULTIFAMILY STRUCTURED P
DTD 11/01/2015 2.716% 06/01/2022
05/01/22 3137BLUR7 80,141.93 0.00 181.39 181.39
05/25/22 FANNIEMAE-ACES
DTD 04/01/2014 3.346% 03/01/2024
05/01/22 3136AJB54 1,063,846.16 0.00 3,611.74 3,611.74
05/02/22 05/02/22 MONEY MARKET FUND MONEY0002 0.00 0.00 749.31 749.31 05/07/22 FANNIE MAE NOTES
DTD 11/12/2020 0.500% 11/07/2025
05/07/22 3135G06G3 4,255,000.00 0.00 10,637.50 10,637.50 05/12/22 AMAZON.COM INC CORPORATE NOTES
DTD 05/12/2021 0.450% 05/12/2024
05/12/22 023135BW5 1,590,000.00 0.00 3,577.50 3,577.50
05/13/22 BRISTOL-MYERS SQUIBB CO

CORPORATE NOTES
DTD 11/13/2020 0.750% 11/13/2025
05/13/22 110122DN5 2,230,000.00 0.00 8,362.50 8,362.50
05/13/22 JP MORGAN CHASE BANK CORP NOTE
DTD 05/13/2014 3.625% 05/13/2024
05/13/22 46625HJX9 1,320,000.00 0.00 23,925.00 23,925.00 05/15/22 COPAR 2019-1 A3
DTD 05/30/2019 2.510% 11/15/2023
05/15/22 14042WAC4 101,090.11 0.00 211.45 211.45
CITY OF MODESTO - COMBINED PORTFOLIO Page 28
#10..
- 182 -
Managed Account Security Transactions & Interest For the Month Ending May 31, 2022 CITY OF MODESTO - Combined Portfolio
Transaction Type
Trade Settle Security Description CUSIP Par Proceeds
Principal Accrued
Interest Total Cost
Realized G/L Realized G/L Sale
Amort Cost Method

INTEREST
05/15/22 US TREASURY NOTES
DTD 11/15/2020 0.250% 11/15/2023
05/15/22 91282CAW1 3,910,000.00 0.00 4,887.50 4,887.50
05/15/22 TAOT 2019-A A3
DTD 02/13/2019 2.910% 07/15/2023
05/15/22 89239AAD5 255,643.47 0.00 619.94 619.94
05/15/22 TAOT 2020-A A3
DTD 02/12/2020 1.660% 05/15/2024
05/15/22 89232HAC9 1,016,703.44 0.00 1,406.44 1,406.44
05/15/22 HART 2021-A A3
DTD 04/28/2021 0.380% 09/15/2025
05/15/22 44933LAC7 510,000.00 0.00 161.50 161.50
05/15/22 CARMX 2021-1 A3
DTD 01/27/2021 0.340% 12/15/2025
05/15/22 14316NAC3 385,000.00 0.00 109.08 109.08
05/15/22 CARMX 2021-2 A3
DTD 04/21/2021 0.520% 02/17/2026
05/15/22 14314QAC8 770,000.00 0.00 333.67 333.67
05/15/22 NAROT 2019-B A3
DTD 05/28/2019 2.500% 11/15/2023
05/15/22 65479HAC1 290,867.32 0.00 605.97 605.97
05/15/22 CARMX 2020-1 A3
DTD 01/22/2020 1.890% 12/16/2024
05/15/22 14315XAC2 560,235.79 0.00 882.37 882.37
05/15/22 UNIV OF CAL TXBL REV BONDS
DTD 07/16/2020 0.883% 05/15/2025
05/15/22 91412HGE7 730,000.00 0.00 3,222.95 3,222.95
05/15/22 HART 2021-C A3
DTD 11/17/2021 0.740% 05/15/2026
05/15/22 44935FAD6 465,000.00 0.00 286.75 286.75
05/15/22 HYUNDAI AUTO RECEIVABLES TRUST
DTD 04/10/2019 2.660% 06/15/2023
05/15/22 44932NAD2 46,959.60 0.00 104.09 104.09
05/15/22 NAROT 2019-A A3
DTD 02/13/2019 2.900% 10/15/2023
05/15/22 65479KAD2 193,372.34 0.00 467.32 467.32
05/15/22 CARMX 2019-2 A3
DTD 04/17/2019 2.680% 03/15/2024
05/15/22 14316LAC7 213,500.20 0.00 476.82 476.82
05/15/22 US TREASURY NOTES
DTD 11/15/2013 2.750% 11/15/2023
05/15/22 912828WE6 8,790,000.00 0.00 120,862.50 120,862.50 05/15/22 ALLYA 2019-1 A3
DTD 02/13/2019 2.910% 09/15/2023
05/15/22 02004WAC5 58,121.23 0.00 140.94 140.94
05/15/22 DCENT 2021-A1 A1
DTD 09/27/2021 0.580% 09/15/2026
05/15/22 254683CP8 775,000.00 0.00 374.58 374.58
05/15/22 TAOT 2021-C A3
DTD 09/27/2021 0.430% 01/15/2026
05/15/22 89239BAC5 980,000.00 0.00 351.17 351.17
CITY OF MODESTO - COMBINED PORTFOLIO Page 29
#10..
- 183 -
Managed Account Security Transactions & Interest For the Month Ending May 31, 2022 CITY OF MODESTO - Combined Portfolio
Transaction Type
Trade Settle Security Description CUSIP Par Proceeds
Principal Accrued
Interest Total Cost
Realized G/L Realized G/L Sale
Amort Cost Method

INTEREST
05/18/22 HAROT 2019-1 A3
DTD 02/27/2019 2.830% 03/20/2023
05/18/22 43814WAC9 42,580.32 0.00 100.42 100.42
05/21/22 HAROT 2019-2 A3
DTD 05/29/2019 2.520% 06/21/2023
05/21/22 43815MAC0 211,407.93 0.00 443.96 443.96
05/21/22 HAROT 2020-1 A3
DTD 02/26/2020 1.610% 04/22/2024
05/21/22 43813RAC1 775,883.94 0.00 1,040.98 1,040.98
05/21/22 HAROT 2021-1 A3
DTD 02/24/2021 0.270% 04/21/2025
05/21/22 43813GAC5 650,000.00 0.00 146.25 146.25
05/22/22 FANNIE MAE NOTES
DTD 05/22/2020 0.250% 05/22/2023
05/22/22 3135G04Q3 2,915,000.00 0.00 3,643.75 3,643.75
05/24/22 INTL BK RECON & DEVELOP NOTES
DTD 11/24/2020 0.250% 11/24/2023
05/24/22 459058JM6 1,790,000.00 0.00 2,237.50 2,237.50
05/27/22 FANNIE MAE NOTES
DTD 11/25/2020 0.250% 11/27/2023
05/27/22 3135G06H1 900,000.00 0.00 1,125.00 1,125.00
05/31/22 US TREASURY NOTES
DTD 11/30/2020 0.375% 11/30/2025
05/31/22 91282CAZ4 8,885,000.00 0.00 16,659.38 16,659.38 05/31/22 US TREASURY NOTES
DTD 11/30/2017 2.125% 11/30/2024
05/31/22 9128283J7 9,250,000.00 0.00 98,281.25 98,281.25 05/31/22 US TREASURY N/B NOTES
DTD 05/31/2021 0.750% 05/31/2026
05/31/22 91282CCF6 6,020,000.00 0.00 22,575.00 22,575.00 05/31/22 US TREASURY N/B NOTES
DTD 05/31/2021 0.125% 05/31/2023
05/31/22 91282CCD1 4,355,000.00 0.00 2,721.88 2,721.88
05/31/22 US TREASURY NOTES
DTD 11/30/2016 2.125% 11/30/2023
05/31/22 912828U57 3,275,000.00 0.00 34,796.88 34,796.88 Transaction Type Sub-Total 71,415,519.00 0.00 374,645.85 374,645.85

MATURITY
05/17/22 LMA AMERICAS LLC COMM PAPER
DTD 02/15/2022 0.000% 05/17/2022
05/17/22 53944REH7 10,000,000.00 10,000,000.00 0.00 10,000,000.00 12,711.11 0.00 05/24/22 COLLAT COMM PAPER V CO COMM
PAPER
DTD 08/26/2021 0.000% 05/24/2022
05/24/22 19424JEQ5 10,000,000.00 10,000,000.00 0.00 10,000,000.00 13,333.33 0.00 05/24/22 OLD LINE FUNDING LLC COMM PAPER
DTD 02/09/2022 0.000% 05/24/2022
05/24/22 67983UEQ2 10,000,000.00 10,000,000.00 0.00 10,000,000.00 13,722.22 0.00 CITY OF MODESTO - COMBINED PORTFOLIO Page 30
#10..
- 184 -
Managed Account Security Transactions & Interest For the Month Ending May 31, 2022 CITY OF MODESTO - Combined Portfolio
Transaction Type
Trade Settle Security Description CUSIP Par Proceeds
Principal Accrued
Interest Total Cost
Realized G/L Realized G/L Sale
Amort Cost Method
Transaction Type Sub-Total 30,000,000.00 30,000,000.00 0.00 30,000,000.00 39,766.66 0.00

PAYDOWNS
05/25/22 FHLMC MULTIFAMILY STRUCTURED P
DTD 12/01/2012 2.307% 08/01/2022
05/01/22 3137AWQH1 28,737.90 28,737.90 0.00 28,737.90 (424.33) 0.00 05/25/22 FHLMC MULTIFAMILY STRUCTURED P
DTD 11/01/2015 2.716% 06/01/2022
05/01/22 3137BLUR7 80,141.93 80,141.93 0.00 80,141.93 (200.36) 0.00 05/25/22 FANNIEMAE-ACES
DTD 04/01/2014 3.346% 03/01/2024
05/01/22 3136AJB54 104,549.51 104,549.51 0.00 104,549.51 (5,080.45) 0.00 05/25/22 FHMS KJ27 A1
DTD 11/01/2019 2.092% 07/01/2024
05/01/22 3137FQ3V3 21,861.16 21,861.16 0.00 21,861.16 0.52 0.00 05/15/22 CARMX 2019-2 A3
DTD 04/17/2019 2.680% 03/15/2024
05/15/22 14316LAC7 32,842.35 32,842.35 0.00 32,842.35 3.35 0.00 05/15/22 HYUNDAI AUTO RECEIVABLES TRUST
DTD 04/10/2019 2.660% 06/15/2023
05/15/22 44932NAD2 38,523.33 38,523.33 0.00 38,523.33 5.07 0.00 05/15/22 TAOT 2020-A A3
DTD 02/12/2020 1.660% 05/15/2024
05/15/22 89232HAC9 97,176.14 97,176.14 0.00 97,176.14 7.02 0.00 05/15/22 TAOT 2019-A A3
DTD 02/13/2019 2.910% 07/15/2023
05/15/22 89239AAD5 60,149.47 60,149.47 0.00 60,149.47 10.96 0.00 05/15/22 ALLYA 2019-1 A3
DTD 02/13/2019 2.910% 09/15/2023
05/15/22 02004WAC5 25,661.00 25,661.00 0.00 25,661.00 3.10 0.00 05/15/22 CARMX 2020-1 A3
DTD 01/22/2020 1.890% 12/16/2024
05/15/22 14315XAC2 40,710.58 40,710.58 0.00 40,710.58 7.99 0.00 05/15/22 NAROT 2019-B A3
DTD 05/28/2019 2.500% 11/15/2023
05/15/22 65479HAC1 50,575.58 50,575.58 0.00 50,575.58 11.44 0.00 05/15/22 COPAR 2019-1 A3
DTD 05/30/2019 2.510% 11/15/2023
05/15/22 14042WAC4 25,048.40 25,048.40 0.00 25,048.40 5.07 0.00 05/15/22 NAROT 2019-A A3
DTD 02/13/2019 2.900% 10/15/2023
05/15/22 65479KAD2 48,759.39 48,759.39 0.00 48,759.39 7.39 0.00 05/18/22 HAROT 2019-1 A3
DTD 02/27/2019 2.830% 03/20/2023
05/18/22 43814WAC9 22,444.33 22,444.33 0.00 22,444.33 0.60 0.00 05/21/22 HAROT 2020-1 A3
DTD 02/26/2020 1.610% 04/22/2024
05/21/22 43813RAC1 69,763.10 69,763.10 0.00 69,763.10 13.67 0.00 05/21/22 HAROT 2019-2 A3
DTD 05/29/2019 2.520% 06/21/2023
05/21/22 43815MAC0 50,607.21 50,607.21 0.00 50,607.21 1.89 0.00 CITY OF MODESTO - COMBINED PORTFOLIO Page 31
#10..
- 185 -
Managed Account Security Transactions & Interest For the Month Ending May 31, 2022 CITY OF MODESTO - Combined Portfolio
Transaction Type
Trade Settle Security Description CUSIP Par Proceeds
Principal Accrued
Interest Total Cost
Realized G/L Realized G/L Sale
Amort Cost Method
Transaction Type Sub-Total 797,551.38 797,551.38 0.00 797,551.38 (5,627.07) 0.00 SELL
05/04/22 US TREASURY NOTES
DTD 09/15/2019 1.500% 09/15/2022
05/03/22 912828YF1 4,250,000.00 4,254,980.47 8,661.68 4,263,642.15 (4,316.41) (2,757.31) FIFO 05/04/22 DNB BANK ASA/NY LT CD
DTD 12/06/2019 2.040% 12/02/2022
05/03/22 23341VZT1 1,745,000.00 1,744,395.92 15,129.15 1,759,525.07 (604.08) (604.08) FIFO Transaction Type Sub-Total 5,995,000.00 5,999,376.39 23,790.83 6,023,167.22 (4,920.49) (3,361.39) Managed Account Sub-Total (330,793.07) 390,748.77 59,955.70 29,219.10 (3,361.39) Total Security Transactions ($330,793.07) $390,748.77 $59,955.70 $29,219.10 ($3,361.39) CITY OF MODESTO - COMBINED PORTFOLIO Page 32
#10..
- 186 -
Attachment 3
City of Modesto Combined Yields
Month
Ending
Combined
Yield
CAMP
Balance
CAMP Monthly
Distribution Yields
Long Term
Amortized Cost
Balance
Long Term
Portfolio Yield
Short Term
Amortized Cost
Balance
Short Term
Portfolio Yield
5/31/2020 1.84% 84,960,159.59 0.67% 234,544,432.04 2.26% 6/30/2020 1.74% 84,995,885.29 0.51% 235,131,341.49 2.18% 7/31/2020 1.70% 70,022,491.13 0.37% 236,269,407.98 2.10% 8/31/2020 1.58% 70,040,261.05 0.30% 236,780,335.74 1.96% 9/30/2020 1.53% 70,055,998.31 0.27% 236,959,922.49 1.90% 10/31/2020 1.46% 70,067,223.80 0.19% 238,332,735.73 1.83% 11/30/2020 1.41% 70,075,022.52 0.14% 237,871,749.29 1.79% 12/31/2020 1.33% 85,083,671.36 0.12% 237,485,609.39 1.77% 1/31/2021 1.31% 85,092,301.61 0.12% 238,149,298.87 1.74% 2/28/2021 1.14% 120,099,726.01 0.10% 232,079,913.81 1.68% 3/31/2021 1.08% 137,608,358.86 0.08% 234,986,337.21 1.67% 4/30/2021 1.09% 99,414,400.76 0.06% 273,342,506.45 1.47% 5/31/2021 1.00% 134,419,293.96 0.05% 273,479,692.78 1.46% 6/30/2021 0.97% 134,424,844.05 0.05% 273,831,695.68 1.42% 7/31/2021 1.02% 108,729,978.62 0.05% 273,119,224.63 1.40% 8/31/2021 1.01% 108,734,764.86 0.05% 272,424,046.82 1.39% 9/30/2021 0.97% 108,739,293.68 0.05% 275,543,849.60 1.33% 10/31/2021 0.91% 123,744,124.02 0.05% 274,089,339.67 1.30% 11/30/2021 0.90% 123,749,269.51 0.05% 275,079,950.15 1.28% 12/31/2021 0.91% 123,754,558.86 0.05% 274,968,424.92 1.29% 1/31/2022 0.92% 123,759,932.29 0.05% 276,103,753.02 1.31% 2/28/2022 0.92% 106,765,158.19 0.06% 276,530,404.21 1.31% 39,948,433.34 0.53% 3/31/2022 0.98% 106,788,084.24 0.25% 277,035,730.56 1.33% 39,948,380.00 0.53% 4/30/2022 1.39% 30,016,017.61 0.50% 353,203,903.46 1.56% 39,984,016.67 0.53% 5/31/2022 1.47% 50,044,305.28 0.82% 353,781,386.85 1.59% 39,880,961.12 1.26% Notes:

1. Long and Short Term Portfolio AC Balance is the amortized cost value of the separately managed portfolios.

2. Long and Short Term Portfolio Yields are the separately managed portfolios yield at costs. #10..
- 187 -
Attachment 4
City of Modesto - Portfolio Holdings and Earnings Projections Issuer Par Maturity Date Current Yield
Years to
Maturity
Expected Earnings
Rate to June 30, 2022
Expected Earnings to
June 30, 2022
Main Portfolio
Federal Agency
FNMA 2,915,000 5/22/2023 2.140% 1 9,978 0.35% 841
FHLMC 3,615,000 6/19/2023 2.200% 1 98,182 2.58% 7,671
FHLMC 4,170,000 6/19/2023 2.200% 1 134,276 3.06% 10,490 FHLMC 3,315,000 6/26/2023 2.210% 1 12,355 0.35% 948
FNMA 3,395,000 7/10/2023 2.250% 1 12,133 0.32% 899
FHLMC 2,200,000 8/24/2023 2.280% 1 7,705 0.28% 514
FNMA 3,745,000 9/12/2023 2.300% 1 151,404 3.15% 9,685
FNMA 5,665,000 9/12/2023 2.300% 1 212,561 2.92% 13,597
FFCB 2,345,000 9/21/2023 2.370% 1 9,457 0.31% 594
FNMA 900,000 11/27/2023 2.390% 1 2,637 0.20% 145
FHLMC 2,015,000 12/4/2023 2.400% 2 8,629 0.28% 469
FHLB 2,025,000 12/8/2023 2.410% 2 83,975 2.72% 4,531
FNMA 3,500,000 1/7/2025 2.740% 3 77,691 0.85% 2,448
FHLMC 640,000 2/12/2025 2.760% 3 20,527 1.18% 623
FHLB 2,370,000 4/14/2025 2.770% 3 40,933 0.60% 1,171
FNMA 3,195,000 4/22/2025 2.780% 3 61,714 0.67% 1,752
FNMA 475,000 4/22/2025 2.780% 3 8,165 0.59% 232
FNMA 3,345,000 4/22/2025 2.780% 3 59,074 0.61% 1,677
FNMA 1,910,000 4/22/2025 2.780% 3 28,685 0.52% 814
FNMA 3,675,000 6/17/2025 2.800% 3 60,745 0.54% 1,637
FNMA 200,000 6/17/2025 2.800% 3 2,587 0.42% 70
FNMA 1,075,000 6/17/2025 2.800% 3 13,085 0.40% 353
FNMA 3,820,000 6/17/2025 2.800% 3 47,545 0.41% 1,282
FNMA 1,190,000 6/17/2025 2.800% 3 13,149 0.36% 354
FHLMC 2,220,000 7/21/2025 2.830% 3 33,208 0.48% 869
FNMA 2,360,000 8/25/2025 2.840% 3 35,914 0.47% 912
FNMA 550,000 8/25/2025 2.840% 3 7,833 0.44% 199
FNMA 450,000 8/25/2025 2.840% 3 7,173 0.49% 182
FHLMC 3,400,000 9/23/2025 2.820% 3 49,182 0.44% 1,218
FHLMC 130,000 9/23/2025 2.820% 3 1,732 0.40% 43
FNMA 2,215,000 11/7/2025 2.840% 3 43,669 0.57% 1,043
FNMA 2,040,000 11/7/2025 2.840% 3 35,645 0.51% 851
Federal Agency CMO
FHLMC 968,457 8/1/2022 3.240% 0 2,933 1.78% 1,419
FNMA 959,297 3/1/2024 3.090% 2 35,930 2.14% 1,684
FHLMC 136,109 7/1/2024 2.310% 2 5,946 2.09% 234
U.S. Treasury
U.S. Treasury 3,230,000 6/15/2022 0.980% 0 595 1.51% 4,007 U.S. Treasury 4,235,000 12/15/2022 1.570% 1 32,977 1.44% 4,997 U.S. Treasury 4,315,000 3/15/2023 1.940% 1 60,119 1.77% 6,262 U.S. Treasury 4,355,000 5/31/2023 2.160% 1 87,824 2.02% 7,218 U.S. Treasury 5,100,000 6/30/2023 2.180% 1 141,515 2.56% 10,748 U.S. Treasury 3,155,000 7/31/2023 2.230% 1 89,815 2.44% 6,325 U.S. Treasury 5,625,000 7/31/2023 2.230% 1 149,903 2.28% 10,557 U.S. Treasury 1,750,000 8/31/2023 2.270% 1 38,306 1.75% 2,515 U.S. Treasury 4,395,000 9/15/2023 2.270% 1 127,027 2.24% 8,074 U.S. Treasury 2,700,000 9/30/2023 2.280% 1 81,262 2.26% 5,006 U.S. Treasury 8,790,000 11/15/2023 2.330% 1 323,382 2.52% 18,202 U.S. Treasury 3,910,000 11/15/2023 2.330% 1 14,626 0.26% 823 U.S. Treasury 3,275,000 11/30/2023 2.360% 2 123,705 2.52% 6,772 U.S. Treasury 4,430,000 12/15/2023 2.360% 2 164,541 2.41% 8,768 U.S. Treasury 270,000 12/31/2023 2.370% 2 10,965 2.56% 568 U.S. Treasury 1,564,000 2/29/2024 2.440% 2 9,449 0.35% 444 U.S. Treasury 457,000 2/29/2024 2.440% 2 2,677 0.33% 126 U.S. Treasury 4,450,000 3/15/2024 2.460% 2 198,172 2.49% 9,090 U.S. Treasury 4,890,000 4/15/2024 2.510% 2 32,098 0.35% 1,406 U.S. Treasury 4,485,000 6/15/2024 2.560% 2 237,550 2.59% 9,553 U.S. Treasury 2,450,000 7/31/2024 2.580% 2 95,078 1.79% 3,601 U.S. Treasury 1,630,000 8/31/2024 2.620% 2 49,115 1.34% 1,790 U.S. Treasury 4,505,000 9/15/2024 2.620% 2 274,264 2.65% 9,819 U.S. Treasury 1,850,000 9/30/2024 2.620% 2 64,912 1.50% 2,283 U.S. Treasury 460,000 10/31/2024 2.650% 2 17,444 1.57% 592 U.S. Treasury 1,215,000 11/30/2024 2.680% 3 51,532 1.69% 1,691 U.S. Treasury 3,450,000 11/30/2024 2.680% 3 140,877 1.63% 4,624 U.S. Treasury 4,585,000 11/30/2024 2.680% 3 57,806 0.50% 1,897 U.S. Treasury 4,445,000 12/15/2024 2.670% 3 303,715 2.68% 9,808 U.S. Treasury 4,400,000 2/15/2025 2.720% 3 323,056 2.70% 9,780 U.S. Treasury 4,945,000 4/30/2025 2.740% 3 91,265 0.63% 2,571 U.S. Treasury 4,230,000 6/30/2025 2.730% 3 356,600 2.73% 9,501 U.S. Treasury 4,340,000 8/31/2025 2.780% 3 74,577 0.53% 1,883 U.S. Treasury 4,635,000 8/31/2025 2.780% 3 413,518 2.74% 10,442 U.S. Treasury 4,550,000 9/30/2025 2.780% 3 101,778 0.67% 2,507 U.S. Treasury 1,100,000 9/30/2025 2.780% 3 29,515 0.80% 727 U.S. Treasury 5,010,000 10/31/2025 2.780% 3 132,519 0.77% 3,183 U.S. Treasury 6,930,000 10/31/2025 2.780% 3 184,912 0.78% 4,441 U.S. Treasury 4,250,000 11/30/2025 2.800% 4 158,627 1.07% 3,721 U.S. Treasury 4,635,000 11/30/2025 2.800% 4 447,233 2.75% 10,490 U.S. Treasury 1,040,000 12/31/2025 2.800% 4 16,933 0.45% 388 U.S. Treasury 500,000 12/31/2025 2.800% 4 7,756 0.43% 178 U.S. Treasury 3,735,000 12/31/2025 2.800% 4 119,005 0.89% 2,725 U.S. Treasury 2,400,000 1/31/2026 2.810% 4 70,937 0.80% 1,587 U.S. Treasury 5,775,000 1/31/2026 2.810% 4 269,972 1.27% 6,040 U.S. Treasury 5,000,000 1/31/2026 2.810% 4 340,611 1.85% 7,620 U.S. Treasury 7,980,000 1/31/2026 2.810% 4 864,876 2.95% 19,348 U.S. Treasury 3,210,000 2/28/2026 2.790% 4 84,557 0.70% 1,853 U.S. Treasury 6,000,000 2/28/2026 2.820% 4 259,873 1.15% 5,695 U.S. Treasury 4,645,000 2/28/2026 2.820% 4 480,511 2.76% 10,530 U.S. Treasury 4,925,000 3/31/2026 2.810% 4 164,253 0.87% 3,520 U.S. Treasury 2,480,000 3/31/2026 2.810% 4 72,172 0.76% 1,547 U.S. Treasury 1,405,000 5/31/2026 2.830% 4 48,836 0.87% 1,003 U.S. Treasury 4,615,000 5/31/2026 2.830% 4 510,034 2.76% 10,473 U.S. Treasury 4,640,000 8/31/2026 2.830% 4 542,937 2.75% 10,488 U.S. Treasury 4,310,000 9/30/2026 2.840% 4 517,393 2.77% 9,805 May 31, 2022
Earnings to
Maturity
#10..
- 188 -
Attachment 4
City of Modesto - Portfolio Holdings and Earnings Projections Issuer Par Maturity Date Current Yield
Years to
Maturity
Expected Earnings
Rate to June 30, 2022
Expected Earnings to
June 30, 2022
May 31, 2022
Earnings to
Maturity
Commercial Paper
Mitsubishi Ufj Financial Group Inc 10,000,000 6/16/2022 1.070% 0 2,459 1.50% 12,320 LMA Americas LLC 10,000,000 8/1/2022 1.420% 0 21,289 1.25% 10,301 Collat Commercial Paper Flex Co 10,000,000 9/12/2022 1.650% 0 46,678 1.64% 13,465 Starbird Funding Corp 10,000,000 9/19/2022 1.680% 0 48,914 1.61% 13,220 Negotiable CD
Skandinaviska Enskilda Banken Ab 3,560,000 8/26/2022 1.490% 0 15,739 1.85% 5,427 Barclays PLC 2,750,000 2/1/2023 2.620% 1 19,461 1.05% 2,373 Credit Suisse Group 1,850,000 3/17/2023 2.530% 1 8,612 0.59% 891 Corporate Note
Toyota Motor Corp 2,230,000 9/20/2023 2.660% 1 106,401 3.65% 6,692 US Bancorp 2,860,000 2/5/2024 2.960% 2 109,336 2.27% 5,333 Bank Of America Co 2,010,000 3/5/2024 3.330% 2 55,718 1.57% 2,596 Pfizer Inc 3,445,000 3/15/2024 2.700% 2 165,972 2.69% 7,613 Amazon.Com Inc 1,590,000 5/12/2024 2.630% 2 15,480 0.50% 652 JPMorgan Chase & Co 1,320,000 5/13/2024 2.980% 2 16,685 0.65% 702 Wal-Mart Stores Inc 4,000,000 7/8/2024 2.680% 2 184,242 2.19% 7,188 JPMorgan Chase & Co 1,405,000 9/16/2024 2.100% 2 21,089 0.65% 754 Paccar Financial Corp 1,810,000 2/6/2025 3.150% 3 70,512 1.45% 2,154 Novartis Capital Corp 2,290,000 2/14/2025 2.760% 3 57,275 0.92% 1,736 Mastercard Inc 1,760,000 3/3/2025 2.900% 3 52,263 1.08% 1,557 Amazon.Com Inc 3,430,000 4/13/2025 2.890% 3 300,952 3.06% 8,615 JPMorgan Chase & Co 865,000 6/1/2025 2.600% 3 21,422 0.82% 586 Bristol-Myers Squibb Co 2,230,000 11/13/2025 3.250% 3 73,251 0.95% 1,741 The Bank Of New York Mellon Corporation 3,465,000 1/28/2026 3.360% 4 94,639 0.75% 2,122 Bank Of America Co 2,025,000 4/2/2026 3.760% 4 263,198 3.38% 5,632 Microsoft Corp 3,000,000 8/8/2026 2.920% 4 268,909 2.14% 5,273 Target Corp 365,000 1/15/2027 3.280% 5 33,565 1.99% 596 Asset-Backed Securities
Honda Auto Receivables 20,136 3/20/2023 2.750% 1 458 2.83% 47 Hyundai Auto Receivables 8,436 6/15/2023 2.610% 1 234 2.66% 18 Honda Auto Receivables 160,801 6/21/2023 2.380% 1 4,287 2.52% 333 Toyota Motor Corp 195,494 7/15/2023 2.720% 1 6,400 2.91% 468 Ally Auto Receivables Trust 32,460 9/15/2023 2.920% 1 1,223 2.91% 78 Nissan Auto Receivables 144,613 10/15/2023 2.780% 1 5,775 2.90% 345 Capital One Prime Auto Receivables 76,042 11/15/2023 2.420% 1 2,793 2.51% 157 Nissan Auto Receivables 240,292 11/15/2023 2.380% 1 8,791 2.51% 495 Carmax Auto Owner Trust 180,658 3/15/2024 2.620% 2 8,682 2.68% 398 Honda Auto Receivables 706,121 4/22/2024 1.760% 2 21,618 1.61% 937 Toyota Motor Corp 919,527 5/15/2024 1.770% 2 29,933 1.66% 1,256 Carmax Auto Owner Trust 519,525 12/16/2024 2.030% 3 25,073 1.89% 809 Honda Auto Receivables 650,000 4/21/2025 0.970% 3 5,086 0.27% 144 Hyundai Auto Receivables 510,000 9/15/2025 1.210% 3 6,428 0.38% 160 Carmax Auto Owner Trust 385,000 12/15/2025 0.890% 4 4,696 0.34% 109 Toyota Motor Corp 980,000 1/15/2026 1.520% 4 15,364 0.43% 348 Carmax Auto Owner Trust 770,000 2/17/2026 1.530% 4 15,025 0.52% 332 Hyundai Auto Receivables 465,000 5/15/2026 1.720% 4 13,716 0.75% 285 Discover Card Execution Note Trust 775,000 9/15/2026 1.890% 4 19,456 0.58% 372 Municipal Securities
California St 2,310,000 10/1/2023 2.540% 1 57,769 1.87% 3,551 Maryland St 620,000 8/1/2024 2.810% 2 6,965 0.52% 264
California State University 600,000 11/1/2024 3.140% 2 9,965 0.68% 338 State Of California 100,000 12/1/2024 3.130% 3 1,404 0.56% 46 University Of California 510,000 5/15/2025 3.430% 3 13,326 0.88% 370 University Of California 220,000 5/15/2025 3.430% 3 5,250 0.81% 146 Florida State Board of Administration Finance 1,295,000 7/1/2025 3.250% 3 50,306 1.26% 1,339 Florida State Board of Administration Finance 505,000 7/1/2025 3.250% 3 17,249 1.11% 459 Los Angeles Community College District 925,000 8/1/2025 3.270% 3 22,686 0.77% 588 New Jersey Turnpike Authority 505,000 1/1/2026 3.650% 4 18,992 1.05% 435 Supranational Securities
Intl Bank Of Reconstruction And Dev 1,790,000 11/24/2023 2.450% 1 8,561 0.32% 474 Inter-American Development Bank 4,095,000 9/23/2024 2.690% 2 49,820 0.52% 1,767 Overnight Investments 50,044,305 Varies Varies 0.74% 30,417 Totals (Main Portfolio) 448,303,273 13,633,255 1.49% 547,883 Notes:

1. Earnings projections are based on stated par value, future market expectations and current investment positions.

2. Earnings on overnight investments are based on the investment balances and the Fed Funds Futures rates.

3. Callable securities priced above par are considered to be called on their next call date. #10..
- 189 -
Attachment 5
Issue Name / Type Trustee Bank Investment Total Amount
1993 Community Center Refinancing U.S. Bank First American Treasury Obligation Fund $1,977,070.49 1993 Golf Course Refinancing U.S. Bank First American Treasury Obligation Fund $603,156.26 Instl Res Tre and Agny Cash Adv6541 $93,387.32
Financial Guaranty Insurance Pol $1.00
CAMP $1,932,221.50
Total $2,025,609.82
Instl Res Tre and Agny Cash Adv6541 $93,301.59
CAMP $4,798,169.61
Total $4,891,471.20
2018 Wastewater Refunding Bank of New York Fidelity Inv MM Trsy Only $13.39 Fairview Village Refunding US Bank First American Government $195,192.82 Blackrock Federal Fund Instl 30 $4,508.05
CAMP $2,736,736.29
Total $2,741,244.34
PCE Litigation Bank of America Business Interest Maximizer $491,952.49 Water ARRA Grants Bank of the West Business Money Market $36,289.42 Innovative Claim Solutions (Third Party
Administrator - Worker's Compensation) Wells Fargo Bank Business Money Market - $22,412.90 George Hills Company - General Liability
Claims Administration Services California Bank & Trust $43,225.00 Kemper Sports Management Inc. BMO Harris Bank Business Money Market $61,995.04 Stanislaus Community Foundation Modesto Commerce Bank Charles Schwab $790,517.05 California Bank of
Commerce $3,110,186.72
Columbia Bank $43,154.46
Banner Bank $19,282.55
Innovative Claim Solutions was negative for the month ending May 31, 2022 because of a timing difference in the deposit for the month.

Village One #2 Refunding Bank of New York
Third-Party Construction Contract
Retention
Cash with Fiscal Agent Investments
As of May 31, 2022
2008 Water Refunding COP Bank of New York
2008 Lease Revenue Bonds Bank of New York
#10..
- 190 -

CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

August 9, 2022
Date: June 28, 2022
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: Municipal Advisory Services Agreement
CONTACT: Cynthia Kline, Purchasing Manager, 209-577-5412, [email protected] DESCRIPTION:

Consider approving the Award of Proposal and Agreements to Public Financial Management (PFM) Financial Advisors LLC, San Francisco, California, for Municipal Advisory Services and PFM Swap Advisors LLC, San Francisco, California, for Annual Derivative Valuation Report for two (2) years with three (3) one-year extension options at a combined estimated annual amount of $150,000 and a total combined amount not to exceed $750,000 over the five years. (Funding Source: General Fund, Redevelopment Successor Agency, Water, Wastewater, and Golf Fund) STRATEGIC PLAN ELEMENT:

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

BACKGROUND:

Under Municipal Code Section 8-4.301, the City may issue bonds or refund bonds based on the financing needs for the City which will, in the long-term, benefit the City’s debt financing portfolio strategy. The City utilizes a municipal advisory services company to assist in monitoring the City’s debt portfolio of over $371 million in a fiduciary capacity with oversight by the Director of Finance. This agreement will assist the City in identifying the best financing strategies to optimize the lowest financing cost based on the guidelines defined under the City’s Debt Management Policy and State statutes. These services include the following:

1. Services related to the Financial Planning and Policy Development upon request of the City and as directed by the City Manager or his designee.

2. Assist in the annual updating of our Debt Management Policy to ensure revisions are based on new regulatory requirements.

3. Review existing debt for the possibility of refunding debt to generate savings.

4. Analyze financial and economic factors to determine if the issuance of bonds is appropriate.
#11..
- 191 -
City Council, August 9, 2022
Municipal Advisory Services Agreement