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Via Teleconference
Councilmember Ricci
South San Francisco – City Hall
City Manager’s Conference Room – 2nd Floor
400 Grand Avenue
South San Francisco, CA. 94080
MODESTO CITY COUNCIL
www.modestogov.com
AGENDA
City of Modesto
CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, June 04, 2024 at 5:30 PM
Roll Call - Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
* Public Comment will only be in-person. Members of the public who wish to address the Council, by providing public comment, during the meeting must do so in-person in the Council Chambers.
As an alternative, members of the public may also provide written public comment submitted via email as indicated in the Submitting Comments by Email instructions on this agenda. Zoom will still be available for viewing and Wordly translation.
*Members of the public will be allowed to provide public comment through Zoom if a Councilmember is participating remotely pursuant to the provisions of Assembly Bill 2449. *Effective March 1, 2023, if a technical issue arises with Zoom or the phone dial-in option, the Council meeting will continue unless the meeting is being held pursuant to the provisions of Assembly Bill 2449. Alternative viewing options are listed below, and the meeting is physically open to the public.
“Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.
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You may observe a livestream of the meeting at http://media.modestogov.com. You may also view or listen to the meeting as indicated below.
THE MEETING CAN BE VIEWED BY ZOOM VIDEO
CONFERENCING OR TELEPHONE
Joining the City Council meeting via Zoom
The City of Modesto is now offering the ability to view Council meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
Enter the following link into an Internet Browser
https://us02web.zoom.us/j/86945970570,
Enter the following link into an Internet Browser https://zoom.us/ and using the Webinar ID 869 4597 0570
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To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Council meeting.
Joining the City Council meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can listen by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID 869 4597 0570 Passcode 84326
SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Councilmembers and placed in the record but will not be read aloud during the meeting. Written comments must be received two hours before the meeting.
This Agenda is on file in the City Clerk’s Office, Sixth Floor, 10th Street Place, Posting Board at entry of 10th Street Place, and is available on the City’s Web site at www.modestogov.com.
Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Clerk’s office during normal business hours. Such documents are also available online, subject to staff’s ability to post the documents before the meeting, at the following website https://www.modestogov.com/council-meetings In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, - 3 -
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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.
Pledge of Allegiance to the Flag
Invocation: Joe Duran, City Ministry Network
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring June as Pride Month. (Funding Source: Not Applicable) CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597,
[email protected]
PUBLIC COMMENT IN PERSON
Three-minute time limit per speaker.
Only interested persons in the audience may present these matters. Under State law, Councilmembers may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Councilmember or the Council itself may take action to direct staff to place a matter of business on a future agenda.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
Information concerning the consent items listed below has been forwarded to each Councilmember prior to this meeting for study. Unless some member of the audience or Councilmember has a question concerning an item and asks that it be withdrawn from the consent list, the Council approves the items at one time. The action taken by the Council in approving consent items is set forth in the explanation of this individual item. - 4 -
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CONSENT
An item may be removed from consent and discussed at the request of an audience member or Councilmember.
Consent
2. Consider approving the minutes for the May 14, 2024 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes for the May 14, 2024 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
3. Consider approving Final Adoption of Ordinance 3781-C.S. Amending Sections 2-1.24 “Compensation Of Mayor,” and 2-1.26 “Compensation of City Councilmembers,” of Chapter 1, “City Council Organization and Procedure,” of Title 2, “Administration,” of the Modesto Municipal Code, to increase the salaries of the Mayor and City Councilmembers pursuant to Charter Section 703 and the recommendations of the Citizen’s Salary Setting Commission of 2024. (Funding Source: Not Applicable) Staff Recommendation:
Motion approving Final Adoption of Ordinance 3781-C.S. Amending Sections 2-1.24 “Compensation Of Mayor,” and 2-1.26 “Compensation of City Councilmembers,” of Chapter 1, “City Council Organization and Procedure,” of Title 2, “Administration,” of the Modesto Municipal Code, to increase the salaries of the Mayor and City Councilmembers pursuant to Charter Section 703 and the recommendations of the Citizen’s Salary Setting Commission of 2024.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
4. Consider approving Final Adoption of Ordinance 3782-C.S. approving the Modesto Police Department’s Military Equipment Use Policy (Policy 710) in accordance with CA Assembly Bill 481, and approving the purchase of additional equipment that qualifies as “Military Equipment” in Fiscal Year 2024-2025 and Rescinding Ordinance No. 3763-C.S. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving Final Adoption of Ordinance 3782-C.S. approving the Modesto Police Department’s Military Equipment Use Policy (Policy 710) in accordance with CA Assembly Bill 481, and approving the purchase of additional equipment that qualifies as “Military Equipment” in Fiscal Year 2024-2025 and Rescinding Ordinance No. 3763-C.S.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
5. Consider approving a Memorandum of Understanding with the County of Stanislaus for the replacement of the Fire-Life Safety Panel at 3705 Oakdale Road, a co-owned City of Modesto and County of Stanislaus Emergency Services and Communications - 5 -
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Facility and approving the total project budget not to exceed $300,000, to be jointly and equally funded by the City and County. (Funding Source: General Fund) Staff Recommendation:
Resolution approving a Memorandum of Understanding with the County of Stanislaus for the replacement of the Fire-Life Safety Panel at 3705 Oakdale Road, a co-owned City of Modesto and County of Stanislaus Emergency Services and Communications Facility and approving the total project budget not to exceed $300,000, to be jointly and equally funded by the City of Modesto and County of Stanislaus and authorizing the City Manager, or his designee, to execute the Memorandum of Understanding.
CITY MANAGER; Scotty Douglass, 209-577-9149, [email protected] Consent
6. Consider approving the Fifth Amendment to the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Dispatch Services to extend the agreement to December 31, 2024, modify the governing body structure of the Commission, update quorum and action requirements and provide for Agency Member Liaison to assist the Dispatch Director and appointing Councilmembers as Commissioners to the Consolidated Emergency Dispatch Agency. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the Fifth Amendment to the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Dispatch Services to extend the agreement to December 31, 2024, modify the governing body structure of the Commission, update quorum and action requirements and provide for Agency Member Liaison to assist the Dispatch Director, authorizing the City Manager or his designee to execute the Agreement, and appointing Mayor Zwahlen and Councilmember Bavaro as Commissioners to the Consolidated Emergency Dispatch Agency and Councilmember Wright as an Alternate Commissioner.
CITY MANAGER; Scotty Douglass, 209-577-9149, [email protected] Consent
7. Consider approving the Fiscal Year 2024-2025 Appropriation Limit, which is an annual spending limit calculation that identifies the maximum amount of appropriations for publicly funded programs. (Funding Source: Not Applicable) Staff Recommendation:
Resolution establishing the appropriation limit for the Fiscal Year 2024-2025 annual budget.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
8. Consider approving payment of various Equipment Maintenance Agreements for Fiscal Year 2024-2025 with multiple equipment manufacturers for all City Departments, for an annual cost not to exceed $854,598; and authorizing the City Manager, or his - 6 -
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designee to execute Equipment Maintenance Agreements associated with the items in Exhibit A – Fiscal Year 2024-2025 Equipment Maintenance Agreements (less than $100,000). (Funding Source: Various Funds)
Staff Recommendation:
Resolution approving payment of various Equipment Maintenance Agreements for Fiscal Year 2024-2025 with multiple equipment manufacturers for all City Departments, for an annual estimated cost not to exceed $854,598; and authorizing the City Manager, or his designee, to execute Equipment Maintenance Agreements associated with the items in Exhibit A – Fiscal Year 2024-2025 Equipment Maintenance Agreements (less than $100,000).
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent
9. Consider approving the payment of Software Maintenance Support Agreements for Fiscal Year 2024-2025 in an amount not to exceed $9,824,473. (Funding Source:
Information Technology Fund and Various Funds)
Staff Recommendation:
Resolution approving the payment of Software Maintenance Support Agreements for Fiscal Year 2024-2025 in an amount not to exceed $9,824,473; and authorizing the City Manager, or his designee to execute routine renewal Agreements associated with the items in Exhibit A and Exhibit B - Software Maintenance Support Agreements for Fiscal Year 2024-2025.
IT; Kevin Harless, 209-571-5593, [email protected] Consent
10. Consider approving Community and Special Event Sponsorships with direct contributions over $500 and in-kind support valued at $5,000 or more for Fiscal Year 2024-2025. (Funding Source: General Fund)
Staff Recommendation:
Resolution approving Community and Special Event Sponsorships with direct contributions over $500 and in-kind support valued at $5,000 or more for Fiscal Year 2024-2025.
PRN; Jeremy Rogers, 209-577-5347, [email protected] Consent
11. Consider approving the Plans and Specifications for the Mary E. Grogan Community Park, Phase 2 Project, accepting the Bid and Awarding a Construction Contract to George Reed, Inc., of Modesto, CA, in an amount not to exceed $4,850,581. (Funding Source: Parks CFF Fund, Parks & Air Quality CFF Fund)
Staff Recommendation:
Resolution approving the Plans and Specifications for the Mary E. Grogan Community Park, Phase 2 Project, accepting the Bid and awarding a Construction Contract to George Reed, Inc., of Modesto, CA, in the amount of $4,491,279, plus $359,302, in contingency (if needed), for a total payment amount not to exceed $4,850,581 and authorizing the City Manager, or his designee, to execute the contract.
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Resolution amending the Fiscal Year 2023-24 Capital Improvement Program Budget to fund Project #101017 (Mary Grogan Park – Phase 2) in an amount of $1,666,233 in transfers, revenue, and to budget expenditures to fund the Project, and authorizing the City Manager, or his designee, to implement the provisions of this resolution.
PRN; Nathan Houx, 209-571-5526, [email protected]
Consent
12. Consider approving the Plans and Specifications for the Rebid Carpenter Road Area Soccer Complex, Phase 2 Project, accepting the Bid, and approving a Construction Contract with Frontline General Engineering Construction, Inc., of Tracy, CA for a total amount not to exceed $1,397,466. (Funding Source: Youth Soccer and Recreation Development Grant, Parks Fund, Parks and Air Quality CFF Fund and TRRP CIP Fund)
Staff Recommendation:
Resolution approving the Plans and Specifications for the Rebid Carpenter Road Area Soccer Complex, Phase 2 Project, accepting the Bid, and awarding a Construction Contract to Frontline General Engineering Construction, Inc., of Tracy, CA, in the amount of $1,270,424, plus $127,042, in contingency (if needed), for a total payment amount not to exceed $1,397,466 and authorizing the City Manager, or his designee, to execute the contract. Resolution amending the Fiscal Year 2023-24 Capital Improvement Program Budget to fund Project #101061 (Carpenter Road Area Soccer) in an amount not to exceed $130,000 in transfers, revenue, and to budget expenditures to fund the Project, and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.
PRN; Nathan Houx, 209-571-5526, [email protected]
Consent
13. Consider approving adjustments to various airport rates and fees for specific activities and services at the Modesto City-County Airport, effective July 1, 2024, rescinding Resolution No. 2023-355. (Funding Source: Airport Operating Revenue, Fund 4310) Staff Recommendation:
Resolution approving adjustments to various airport rates and fees for specific activities and services at the Modesto City-County Airport (Airport), effective July 1, 2024, and rescinding Resolution No. 2023-355.
PUBLIC WORKS; Gabe da Silva, 209-577-5319, [email protected] Consent
14. Consider approving an Agreement for Safe Streets and Roads for All to Alta Planning + Design Inc. Oakland CA to analyze roadway accidents for a total amount not to exceed $1,104,326.00 over a two-year period. (Funding Source: Safe Streets for All Grant and Local Measure L)
Staff Recommendation:
Resolution awarding the Safe Streets and Roads for All Agreement to Alta Planning + Design, Inc of Oakland, CA, in the amount of $1,003,933 and a 10 - 8 -
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percent contingency amount of $100,393 for the total amount not to exceed $1,104,326, and authorizing the City Manager, or his designee, to execute the agreement.
PUBLIC WORKS; Max Navarro, 209-571-5116, [email protected] Consent
15. Consider approving an Agreement for the Purchase of Software Programming and License under the Competitive Bidding Process from NASPO ValuePoint through the State of Utah with Carahsoft Technology Corp. of Reston, Virgina, for a total amount not to exceed $193,365. (Funding Source: Solid Waste Management Fund and SB 1383 Grant from CalRecycle)
Staff Recommendation:
Resolution approving an Agreement for the Purchase of Software Programming and License under the Competitive Bidding Process from NASPO ValuePoint through the State of Utah with Carahsoft Technologies Corp., of Reston, Virginia for a total amount not to exceed $193,365, and authorizing the City Manager, or his designee, to execute the Agreement.
PUBLIC WORKS; Myriah Hill, 209-577-5495, [email protected] Consent
16. Consider approving the First Amendment to the Agreements for Rental Fleet Services with Herc Rentals, Modesto, California, Holt of California, Salida, California and United Rentals (North America) Inc., Modesto, California, for an annual estimated cost increase of $200,000 from $400,000 to $600,000 and a total revised amount not to exceed $3,000,000. (Funding Source: Fleet Management Fund) Staff Recommendation:
Resolution approving the First Amendment for the Agreements with Herc Rentals, Modesto, CA, Holt of California, Salida, CA, and United Rentals, Modesto, CA, for Rental Fleet Services for the Agreements for an annual estimated cost increase of $200,000 from $400,000 to $600,000 and a total revised not to exceed a total amount of $3,000,000, and authorizing the City Manager, or his designee, to execute the amendments.
PUBLIC WORKS; Patrick Crowley, 209-342-2274, [email protected] Consent
17. Consider approving the Second Amendment for bulk oils and lubricants with Hunt & Sons, Inc., Ceres, CA, to a revised total amount of $1,743,201 (Funding Source: Fleet Management Fund)
Staff Recommendation:
Resolution approving the Second Amendment for the purchase of Bulk Oils and Lubricants with Hunt & Sons Inc., Ceres, CA, for an increase by $800,000 to a new total amount of $1,743,201 over the remaining duration of the agreement, and authorizing the City Manager, or his designee to execute the amendment.
PUBLIC WORKS; Patrick Crowley, 209-342-2274, [email protected] - 9 -
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Consent
18. Consider approving the Second Amendment to the Agreement for an On-Site Tire Technician with Fleet Tire Inc. dba Brannon Tire, Stockton, CA. for tire services, inspection, and repairs to City vehicle tires for an annual estimated cost increase of $121,080 from $88,920 to $210,000 and a total revised not to exceed amount from $444,600 to a new total amount of $654,600 and extend the term of the Agreement from June 10, 2024, to June 10, 2025. (Funding Source: Fleet Management Fund) Staff Recommendation:
Resolution approving the Second Amendment for an On-Site Tire Technician with Fleet Tire Inc. dba Brannon Tire, Stockton, CA. for tire services, inspection, and repairs to City vehicle tires for an annual estimated cost increase of $121,080 from $88,920 to $210,000 and a total revised not to exceed amount from $444,600 to a new total amount of $654,600 and extend the term of the Agreement from June 10, 2024, to June 10, 2025, and authorizing the City Manager, or his designee to execute the amendment.
PUBLIC WORKS; Patrick Crowley, 209-342-2274, [email protected] Consent
19. Consider approving Agreements for the purchase and delivery of chemicals for wastewater treatment with Thatcher Company of California, Sacramento, CA, Northstar Chemical, Modesto, CA, and Univar Solutions, Kent, WA, for a total amount not to exceed $1,221,021, over five years. (Funding Source: Sewer Operations Fund) Staff Recommendation:
Resolution approving the Award of Bid and Agreements for the purchase and delivery of chemicals for wastewater treatment to Thatcher Company of California, Sacramento, CA, Northstar Chemical, Modesto, CA, and Univar Solutions, Kent, WA, for a one-year agreement with four one-year extension options, for an annual estimated amount of $200,000 and a total combined amount not to exceed $1,221,021 over five years; and authorizing the Director of Finance, or her designee, to adjust agreement totals between vendors based on contractor’s availability and department’s needs, ensuring the combined total amount does not change and authorizing the City Manager, or his designee, to execute the Agreements.
UTILITIES; Jeff Daniels, 209-577-6255, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
HEARINGS
Published in the Modesto Bee on May 24, 2024.
20. Hearing to consider and approve the Final Proposed Fiscal Year 2024-25 Operating and Multi-Year Budget and Capital Improvement Program for the City and related Resolutions. (Funding Source: All City Funds)
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Staff Recommendation:
Resolution approving the adoption of the Fiscal Year 2024-25 Annual and Multi-Year Operating Budgets and the 2024-25 Capital Improvement Program for the City of Modesto and the related Inter-Fund Transfers. Resolution approving the Budget Principles, and the Operating Budget Policy as Outlined in the Fiscal Year 2024-25 Final Proposed Budget. Resolution amending the Classification Plan for the City of Modesto to create new classifications and amend existing classifications. Resolution amending the Position Allocation for Fiscal Year 2024-25 as adopted in the Operating Budget.
BUDGET; Steve Christensen, 209-577-5390, [email protected]
NEW BUSINESS
21. Consider approving the City’s Pandemic Recovery Strategy, Modesto Forward, for the reallocation of American Rescue Plan Act (ARPA) funds defined under Exhibit A. (Funding Source: American Rescue Plan Act Funds)
Staff Recommendation:
Resolution approving the City’s Pandemic Recovery Strategy, Modesto Forward, for the reallocation of American Rescue Plan Act funds defined under Exhibit A and authorizing the City Manager, or his designee, to carry out the necessary steps to implement the programs and funding allocation.
FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
22. Consider approving a successor Memorandum of Understanding (MOU) between the City of Modesto and Modesto City Firefighter’s Association (MCFFA) for a term of July 1, 2024, to June 30, 2028; and granting salary changes and benefit offerings to unrepresented sworn fire management. (Funding Source: General Fund) Staff Recommendation:
Resolution approving an Agreement including language changes for a successor Memorandum of Understanding (MOU) between the City of Modesto and the Modesto City Firefighters’ Association (MCFFA) for a term of July 1, 2024 to June 30, 2028, and related salary schedules; and authorizing the City Manager or designee to take the necessary administrative action to implement the Agreement.
Resolution approving salary changes for Unrepresented Sworn Fire Management Employees, including Fire Chiefs and Executives consistent with those in the represented unit, effective June 18, 2024, as set forth in attached Exhibit A, “Summary of Salary Ranges and Schedules for Unrepresented Sworn Management and Non-Sworn Management and Confidential Employees, including Charter Officers and Executives”; amending the summary of salary ranges and schedules previously approved by Resolution 2023-321, and authorizing the City Manager or designee to take the necessary administrative action to implement the provisions of this Resolution.
Resolution approving changes to benefit offerings for Unrepresented Sworn - 11 -
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Fire Management Employees, including Fire Chiefs and Executives consistent with those in represented units as set forth in attached Exhibit A, “Summary of Benefit Offerings for Unrepresented Sworn Management and Non-Sworn Management and Confidential Employees, including Charter Officers and Executives”; and authorizing the City Manager or designee to take the necessary administrative action to implement the provisions of this Resolution. Resolution amending the Fiscal Year 2024-25 annual Operating Budget for the Memorandum of Understanding (MOU) Agreements with the Modesto City Firefighter’s Association (MCFFA) and Unrepresented Sworn Fire Management and authorizing the City Manager to take the necessary actions to implement the required budget adjustments.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected]
MATTERS TOO LATE FOR THE AGENDA
These may be presented by members of the City Council and staff upon determination by a majority vote that an emergency exists, as defined by State law, or by a 2/3 vote that (1) there is a need to take immediate action, and (2) that the need for action came to the City’s attention after the agenda was posted.
ADJOURNMENT
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, JUNE 4, 2024 AT 4:30 PM
and after the regularly scheduled meeting in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California.
Any and all of the following agenda items are subject to action being taken by the Modesto City Council.
The business to be considered at said City Council meeting shall consist of a Closed Session concerning the following:
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CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Four Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Ana Sepulveda v. Nestle Waters North America Holdings Inc. & City of Modesto
Superior Court of California, County of Stanislaus
Case No.: CV-21-006197
Magda Abraham v. City of Modesto, et al.
Superior Court of California, County of Stanislaus
Case No.: CV-18-003342
Kirstin Normark v. City of Modesto, et al.
Superior Court of California, County of Stanislaus
Case No.: CV-24-003441
Thomas Edward Humphrey v. Modesto Police Department
U.S. District Court- Eastern District of California
Case No.: 2:24-CV-01127-KJM-CSK
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature