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MODESTO CITY COUNCIL
www.modestogov.com
AGENDA
City of Modesto
CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, December 10, 2024 at 5:30 PM
Roll Call - Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
* Public Comment will only be in-person. Members of the public who wish to address the Council, by providing public comment, during the meeting must do so in-person in the Council Chambers.
As an alternative, members of the public may also provide written public comment submitted via email as indicated in the Submitting Comments by Email instructions on this agenda. Zoom will still be available for viewing and Wordly translation.
*Members of the public will be allowed to provide public comment through Zoom if a Councilmember is participating remotely pursuant to the provisions of Assembly Bill 2449. *Effective March 1, 2023, if a technical issue arises with Zoom or the phone dial-in option, the Council meeting will continue unless the meeting is being held pursuant to the provisions of Assembly Bill 2449. Alternative viewing options are listed below, and the meeting is physically open to the public.
“Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.
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You may observe a livestream of the meeting at http://media.modestogov.com. You may also view or listen to the meeting as indicated below.
THE MEETING CAN BE VIEWED BY ZOOM VIDEO
CONFERENCING OR TELEPHONE
Joining the City Council meeting via Zoom
The City of Modesto is now offering the ability to view Council meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
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 listen by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID 869 4597 0570 Passcode 84326
SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Councilmembers and placed in the record but will not be read aloud during the meeting. Written comments must be received two hours before the meeting.
This Agenda is on file in the City Clerk’s Office, Sixth Floor, 10th Street Place, Posting Board at entry of 10th Street Place, and is available on the City’s Web site at www.modestogov.com.
Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Clerk’s office during normal business hours. Such documents are also available online, subject to staff’s ability to post the documents before the meeting, at the following website https://www.modestogov.com/council-meetings In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA - 2 -
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In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Pledge of Allegiance to the Flag
Invocation: Darrell Cummings, Christ Community Church
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ELECTION ITEM
1. Consider approving the Certificate of Canvass of Votes from the November 5, 2024 Election. (Funding Source: General fund)
Staff Recommendation:
Resolution of the Council of the City of Modesto Confirming the Canvass of the Regular Municipal Election which was held in the City of Modesto on November 5, 2024 and Declaring the Results of Said Election and such other matters as provided by law.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected]
2. Oath of Office of reelected Modesto City Councilmembers, Rosa Escutia-Braaton, Chris Ricci, and David Wright and the Modesto City School Board Members, John Ervin III, Abel Maestas, and Homero Mejia. (Funding Source: Not Applicable) CITY CLERK; Diane Nayares-Perez, 209-577-5398, [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 - 3 -
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Councilmember prior to this meeting for study. Unless some member of the audience or Councilmember has a question concerning an item and asks that it be withdrawn from the consent list, the Council approves the items at one time. The action taken by the Council in approving consent items is set forth in the explanation of this individual item.
CONSENT
An item may be removed from consent and discussed at the request of an audience member or Councilmember.
Consent
3. Consider approving the minutes for the December 3, 2024 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes for the December 3, 2024 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
4. Consider approving the Mayor’s appointments to the City of Modesto Standing Committees, and City Council Liaison Committees; and appointing a Vice Mayor for the 2025 calendar year. (Funding Source: Not Applicable) Staff Recommendation:
Motion appointing Council Member Bavaro as Vice Mayor for the 2025 calendar year.
Motion approving the appointments to the Standing Committees and City Council Liaison Committees for the 2025 calendar year.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
5. Consider approving the Sixth 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, 2025. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving a Sixth Amendment to the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Dispatch Services, amending Section 5.1 extending the expiration date to December 31, 2025, and authorizing the City Manager or his designee to execute the Amendment.
CITY MANAGER; Scotty Douglass, 209-577-9149, [email protected] Consent
6. Consider approving a First Amendment to the Professional Services Agreement with Seer World, Inc, Roswell, Georgia for urban planning and project management support increasing the Agreement by an amount not to exceed $815,348. (Funding Source:
General Fund)
Staff Recommendation:
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Resolution approving the First Amendment to the Professional Services Agreement with Seer World, Inc, Roswell, Georgia for urban planning and project management support increasing the Agreement by an amount not to exceed $815,348 to a new total amount of $1,465,748, and authorizing the City Manager, or his designee, to finalize and execute the First Amendment. Resolution amending the fiscal year 2024-2025 multi-year fund budget to establish the transfer out from unassigned General Fund balance to the Urban Planning and Redevelopment Project–101638 in the amount of $815,348 and budgeting the necessary transfers and project discretionary budget and authorizing the City Manager or his designee to take the necessary steps to implement the provisions in this resolution.
CED; Sean Rando, 209-577-5473, [email protected]
Consent
7. Consider approving a Modesto Forward Grant Agreement with the Modesto Improvement Partnership, Inc, (MIP) for Downtown Beautification not to exceed $700,000. (Funding Source: American Rescue Plan Act Funds) Staff Recommendation:
Resolution approving the Modesto Forward Grant Agreement with Modesto Improvement Partnership, INC., to fund a Downtown Beautification Program for a total amount not to exceed $700,000 and authorizing the City Manager or his designee to execute the Agreement.
CED; Trevin Barber, 209-571-5566, [email protected] Consent
8. Consider accepting the Monthly Investment Report for September 2024. (Funding Source: Various Funds)
Staff Recommendation:
Motion accepting the Monthly Investment Report for September 2024.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
Consent
9. Consider accepting an Informational Report on the September and October 2024 Grant Applications and Awards. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an Informational Report for September and October 2024 Grant Applications and Awards.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
10. Consider accepting an informational update on the American Rescue Plan Act spending plan and approving a Memorandum of Understanding between the City of Modesto and Modesto Fire Department to implement the Fire Station 1 Enhancement Program. (Funding Source: American Rescue Plan Act)
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Staff Recommendation:
Motion accepting an Informational Report update on the American Rescue Plan Act spending plan.
Resolution approving a Memorandum of Understanding between the City of Modesto and Modesto Fire Department to implement the Fire Station 1 Enhancement Program; and authorizing the City Manager or his designee to execute the Memorandum of Understanding.
FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
Consent
11. Consider approving the submission of a Grant Application for the Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant (AFG) for an amount up to $1,340,820 with a local match requirement of up to 10%. (Funding Source:
General Fund)
Staff Recommendation:
Resolution approving the submission of a Grant Application for the Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant (AFG) for an amount up to $1,340,820 with a local match requirement of up to 10%, and authorizing the City Manager, or his designee, to execute and submit all documents necessary for the completion of the Grant Application.
FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected] Consent
12. Consider approving the purchase of mobile and portable radios to Motorola Solutions, Inc., San Diego, CA, for a total amount not to exceed $999,953. (Funding Source:
Various Funds)
Staff Recommendation:
Resolution approving the Competitive Bidding Process from HoustonGalveston Area Council, with Motorola Solutions, Inc., San Diego, CA, for the purchase of Mobile and Portable Radios, for a total amount not to exceed $999,953; and authorizing the Purchasing Manager or her designee to issue the Purchase Order.
POLICE; Jessica Smart, 209-572-9500, [email protected] Consent
13. Consider approving an Agreement with Berry, Dunn, McNeil, & Parker LLC, Portland, ME, to prepare the Parks and Recreation Master Plan for total amount not to exceed $421,685. (Funding Source: Measure H)
Staff Recommendation:
Resolution approving an Agreement with Berry, Dunn, McNeil, & Parker LLC, Portland, ME, to prepare the Parks and Recreation Master Plan for an amount of $383,350, plus $38,335 for additional services, if needed, for an Agreement total amount not to exceed $421,685, and authorizing the City Manager, or his designee, to execute the Agreement.
PRN; Diane Sheatsley, 209-577-5418, [email protected] - 6 -
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Consent
14. Consider approving the Plans and Specifications for the Tuolumne River Regional Park (TRRP) Picnic Area B Renovation Project, accepting the Bid and Awarding a Construction Contract to Sinclair General Engineering Construction, Inc., of Oakdale, CA., in the amount not to exceed $376,978. (Funding Source: Various Fund) Staff Recommendation:
Resolution approving the Plans and Specifications for the Tuolumne River Regional Park (TRRP) Picnic Area B Renovation Project, accepting the Bid and Awarding a Construction Contract to Sinclair General Engineering Construction, Inc., of Oakdale, CA., in the amount of $342,707, authorizing $34,271 for contingency (if needed), for a total payment amount not to exceed $376,978, and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution amending the Fiscal Year 2024-25 Capital Improvement Program budget to fund Project #101478 (TRRP B Improvements) in an amount not to exceed $125,034 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
15. Consider approving the Plans and Specifications for Tuolumne River Regional Park River (TRRP) Pavilion and Learning Theater Project, accepting the Bid and Awarding a Construction Contract to Westside Landscape & Concrete, Inc. of Newman, CA., for a total amount not to exceed $597,159. (Funding Source: Various Funds) Staff Recommendation:
Resolution approving the Plans and Specifications for the Tuolumne River Regional Park (TRRP) Pavilion and Learning Theater Project, accepting the Bid and Awarding a Construction Contract to Westside Landscape & Concrete, Inc. of Newman, CA., in the amount of $552,925 authorizing $44,234 for contingency (if needed), for a total amount not to exceed $597,159, and authorizing the City Manager, or his designee, to execute the Agreement. Resolution amending the Fiscal Year 2024-25 Capital Improvement Program budget to fund Project #101135 (TRRP River Pavilion) for a total amount not to exceed $64,002 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
16. Consider approving the Plans and Specifications for The Awesome Spot Playground, Phase 1A, accepting the Bid and Awarding a Construction Contract to Westside Landscape & Concrete, Inc. of Newman, CA., for a total amount not to exceed $812,755. (Funding Source: Various Funds)
Staff Recommendation:
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Resolution approving the Plans and Specifications for The Awesome Spot Playground, Phase 1A, accepting the Bid and Awarding a Construction Contract to Westside Landscape & Concrete, Inc. of Newman, CA., in the amount of $738,868 authorizing $73,887 for contingency (if needed), for a total amount not to exceed $812,755 and authorizing the City Manager, or his designee, to execute the Agreement.
PRN; Nathan Houx, 209-571-5526, [email protected]
Consent
17. Consider approving the price increase of Purchase Order 216608 for Napa Ford, Napa, CA by $50,404 for three Ford Police Responder Pickups for a revised total amount not to exceed $216,968. (Funding Source: Fleet Replacement Fund) Staff Recommendation:
Resolution approving the increase of Purchase Order 216608 with Napa Ford, Napa, CA for three Ford Police Responder pickups by $50,404 from $166,564 for a revised total amount not to exceed $216,968, and authorizing the Purchasing Manager, or her designee, to execute the Purchase Order price increase.
PUBLIC WORKS; Larry Devereaux, 209-342-2214, [email protected] Consent
18. Consider approving a three month extension of the lease with Juana Monreal and Jose Solis, individuals doing business as Liz Andrews Furniture, for the City-owned property located at 131 9th Street. (Funding Source: Wastewater Fund) Staff Recommendation:
Resolution approving a three-month extension of the lease with Juana Monreal and Jose Solis, individuals doing business as Liz Andrews Furniture, for Cityowned property located at 131 9th Street, and authorizing the City Manager, or his designee, to execute the lease amendment.
UTILITIES; Cristian Ciotau, 209-571-5175, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
MATTERS TOO LATE FOR THE AGENDA
These may be presented by members of the City Council and staff upon determination by a majority vote that an emergency exists, as defined by State law, or by a 2/3 vote that (1) there is a need to take immediate action, and (2) that the need for action came to the City’s attention after the agenda was posted.
ADJOURNMENT
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CLOSED SESSION
Please take notice that a special Closed Session meeting of the Council of the City of Modesto has been called pursuant to Section 2-1.02 of the Modesto Municipal Code to be convened on
TUESDAY, DECEMBER 10, 2024 AT 4:45 PM
and after the regularly scheduled meeting in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California.
Any and all of the following agenda items are subject to action being taken by the Modesto City Council.
The business to be considered at said City Council meeting shall consist of a Closed Session concerning the following:
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Two Cases (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Josh Hauselmann v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ18827281
John Heilman v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ8940740
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
December 10, 2024
Date: December 3, 2024
TO: Mayor and City Council
THROUGH: Joseph Lopez, City Manager
FROM: Diane Nayares-Perez, CMC, City Clerk
SUBJECT: Certification of Canvass of Votes from the November 5, 2024 Election CONTACT: Diane Nayares-Perez, City Clerk, [email protected], 209-577-5398
DESCRIPTION:
Consider approving the Certificate of Canvass of Votes from the November 5, 2024 Election. (Funding Source: General Fund)
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:
On November 5, 2024, a General Municipal Election was held in the City of Modesto and consolidated with the County of Stanislaus General Election for the purpose of electing three (3) City Councilmembers (Districts 1,3 and 6); and three (3) District Board of Education Members (Trustee Areas 2, 4 and 6).
DISCUSSION:
Per Election Code 10263(b)1, the City Council must declare the results of the election and install the newly elected members no later than the next regularly scheduled City Council meeting following presentation of the 28-day canvass of the returns, or at a special meeting called for this purpose.
The County of Stanislaus Registrar of Voters conducted the election on behalf of the City of Modesto. The Registrar of Voters is required to provide to the City a Certification of Election Results. On December 3, 2024, the County completed its count and released the official results, a copy of which is attached.
1 Election Code 10263 - ARTICLE 4. Canvass of Ballots and Returns [10260 – 10-266] - https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=ELEC§ionNum=10263 #1..
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City Council, December 10, 2024
Certification of Canvass of Votes from the November 5, 2024 Election
FISCAL IMPACT:
None.
COMMITTEE RECOMMENDATION:
Election matters are not required to be presented at a Council Committee.
RECOMMENDED COUNCIL ACTION:
Resolution of the Council of the City of Modesto Confirming the Canvass of the Regular Municipal Election which was held in the City of Modesto on November 5, 2024 and Declaring the Results of Said Election and such other matters as provided by law.
Approved by:
Diane Nayares-Perez, City Clerk
Joseph Lopez, City Manager
Attachment:
1. Resolution
2. Certificate of Canvass and Statement of Vote (Exhibit A)
3. Stanislaus County Registrar of Voters Statement of Vote #1..
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MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION OF THE COUNCIL OF THE CITY OF MODESTO
CONFIRMING THE CANVASS OF THE REGULAR MUNICIPAL ELECTION WHICH WAS HELD IN THE CITY OF MODESTO ON NOVEMBER 5, 2024,
AND DECLARING THE RESULTS OF SAID ELECTION AND SUCH OTHER
MATTERS AS PROVIDED BY LAW
WHEREAS, on Tuesday, November 5, 2024, a Regular Municipal Election was held in the City of Modesto (herein called “City”) and in the Modesto City Schools District (herein called “District”) of Stanislaus County to elect the following:
1. One City Councilmember to District 1 for a four-year term;
2. One City Councilmember to District 3 for a four-year term;
3. One City Councilmember to District 6 for a four-year term;
4. One District Board of Education Member to Trustee Area 2 for a fouryear term;
5. One District Board of Education Member to Trustee Area 4 for a fouryear term,
6. One District Board of Education Member to Trustee Area 6 for a fouryear term.
WHEREAS, said election was held on Tuesday, November 5, 2024, in accordance with law and the proceedings of this Council, and the votes thereat received and canvassed, and the returns thereof ascertained, determined, and declared in all respects as required by law, and
WHEREAS, Elections Code Section 10263 requires a governing body to adopt a resolution reciting the fact of the election and the other matters that are enumerated in #1..
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Elections Code Section 10264, in addition to declaring the persons whom the highest number of votes were cast for each office; and
WHEREAS, the Stanislaus County Registrar of Voters, at the request of the City Council, canvassed the returns of said regular municipal election in accordance with law, and reported the results of the election to the City Clerk, which the City Clerk certified to the Council by a Certificate of Canvass and Statement of Votes dated December 3, 2024, a copy of which is attached hereto marked Exhibit “A” and made a part hereof.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Modesto as follows:
1. Said election results as shown on the Certificate of Canvass and Statement of Votes and the results of the election are hereby ratified, confirmed, approved, and declared.
2. That in accordance with Section 10264 of the Elections Code, a copy of said Certificate of Canvass and Statement of Votes, which is attached hereto marked as Exhibit “A” and made a part hereof, shows a complete tabulation of the following:
(A) The whole number of votes cast for Districts 1, 3 and 6, in the City of Modesto.
(B) The whole number of votes cast for Trustee Areas 2, 4, and 6 in the Modesto City Schools District.
(C) The names of the persons voted for.
(D) For what office each person was voted for.
3. That, at said Regular Municipal Election, the following named persons having received a majority of the votes cast for the elective offices, as designated on Exhibit #1..
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“A”, are hereby declared to be duly and regularly elected to such office, and the City Clerk is hereby directed to issue a Certificate of election to each such persons, certifying his/her election to the office appearing after his/her name, and to administer to each of said persons the oath of office prescribed by the Constitution and laws of the State of California and the Charter of the City, to wit:
Rosa Escutia-Braaton Councilmember for a term of four years, District 1, Modesto City Council.
Chris Ricci Councilmember for a term of four years, District 3, Modesto City Council.
David Wright Councilmember for a term of four years, District 6, Modesto City Council.
John Ervin, III Member, Modesto City Schools District Board of Education, for a term of four years, Trustee Area 2.
Abel Maestas Member, Modesto City Schools District Board of Education, for a term of four years, Trustee Area 4.
Homero Mejia Member, Modesto City Schools District Board of Education, for a term of four years, Trustee Area 6.
5. The City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election, showing: (1) The whole number of "votes (ballots) cast in the City; (2) The names of the persons voted for; (3) For what office each person was voted for; (4) The number of votes given at each precinct to each person; and (5) The total number of votes given to each person.
6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 10th day of December, 2024 by Councilmember , who moved its adoption, which motion being duly seconded by Councilmember , was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST:_________________________
DIANE NAYARES-PEREZ, CMC, City Clerk
(Seal)
APPROVED AS TO FORM:
BY:
JOSE M. SANCHEZ, City Attorney
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EXHIBIT A
Canvass of November 5, 2024 Election Page 1
CERTIFICATE OF CANVASS
AND
STATEMENT OF VOTE
CITY OF MODESTO REGULAR MUNICIPAL ELECTION
November 5, 2024
I, Diane Nayares-Perez, City Clerk of the City of Modesto, do hereby certify that I caused the Stanislaus County Clerk-Recorder’s Office, on November 5, 20224 to publicly canvass the returns of the City of Modesto Regular Municipal Election held on November 5, 2024 in accordance with the law. The following are the results of said election:
CANDIDATES NUMBER OF VOTES PERCENTAGE OF VOTE
District 1, Modesto City Council
Rosa Escutia-Braaton 5,461 46.97%
John Lane Gunderson 1,707 14.68%
Joel Gutierrez Campos 4,458 38.35%
Non-Qualified Write-in Candidates 67
Total Votes Cast for District 1 11,626
District 3 Modesto City Council
Chris Ricci 9,920 100%
Non-Qualified Write-in Candidates 430
Total Votes Cast for District 3 9,920
District 6, Modesto City Council
Austin Grant 5,935 44.95%
David Wright 7,270 55.05%
Non-Qualified Write-in Candidates 56
Total Votes Cast for District 6 13,205
CANDIDATES NUMBER OF VOTES PERCENTAGE OF VOTE
Area 2, Modesto City Schools District
John Ervin III 5,956 44.81%
Roman Messick 2,780 20.91%
Emma Sperling 4,557 34.28%
Non-Qualified Write-in Candidates 64
Total Votes Cast for Area 2 13,293
Area 4, Modesto City Schools District
Abel Maestas 9,171 65.65%
Emma Alonzo 4,798 34.35%
Non-Qualified Write-in Candidates 77
Total Votes Cast for Area 4 13,969
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EXHIBIT A
Canvass of November 5, 2024 Election Page 2
Area 6, Modesto City Schools District
Homero Mejia 4,945 53.11%
Sebastian Jones 2,105 22.61%
Rueth Velez-Langrock 2,261 24.28%
Non-Qualified Write-in Candidates 82
Total Votes Cast for Area 6 9,311
TOTAL TURNOUT
REGISTERED VOTERS TURNOUT PERCENTAGE
City of Modesto Council District 1 20,397 13,743 67.38% City of Modesto Council District 3 19,642 13,512 68.79% City of Modesto Council District 6 21,642 15,522 71.72%
TOTAL TURNOUT
REGISTERED VOTERS TURNOUT PERCENTAGE
Modesto City Schools District, 23,466 15,888 67.71%
Trustee Area 2
Modesto City Schools District, 23,413 16,375 69.94%
Trustee Area 4
Modesto City Schools District, 18,520 11,458 61.87%
Trustee Area 6
The number of votes given at each precinct is set forth in the attached Stanislaus County Registrar of Voters Statement of Vote for the November 5, 2024 General Election ______________________
DIANE NAYARES-PEREZ, CMC
City Clerk
City of Modesto
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INDEX
SUMMARY REPORT ……………………………………………………………………………..…..….….. 001 CERTIFIED WRITE-IN CANDIDATES ………………………………………………………..……..….…. W1 1% POST ELECTION MANUAL TALLY REPORT ……………………………………………..…..….…. W2 LOCAL MEASURE BALLOT QUESTION / PASSAGE REQUIREMENT………………………….….… W3 FEDERAL / VOTER NOMINATED OFFICES – PRECINCT LEVEL RESULTS PRESIDENT AND VICE PRESIDENT……………………………………………………………..….……. 1 UNITED STATES SENATOR – FULL TERM…………………….….…………………………..…….….. 12 UNITED STATES SENATOR – PARTIAL/UNEXPIRED TERM…………………………………………. 23 UNITED STATES REPRESENTATIVE – DISTRICT 5..…………………………………………...….….. 34 UNITED STATES REPRESENTATIVE – DISTRICT 9...…………………………………………..….….. 40 UNITED STATES REPRESENTATIVE – DISTRICT 13.…………………………………………..….….. 44 STATE ASSEMBLY – DISTRICT 9……….…..……………………………………………….……………. 49 STATE ASSEMBLY – DISTRICT 22………………………………………………………………………... 53 NONPARTISAN OFFICES – PRECINCT LEVEL RESULTS
STANISLAUS COUNTY BOARD OF EDUCATION – TRUSTEE AREA 4…….……………….…. 60 YOSEMITE COMMUNITY COLLEGE DISTRICT – AREA 6………………………………….……. 64 YOSEMITE COMMUNITY COLLEGE DISTRICT – AREA 7………………………………….……. 68 DENAIR UNIFIED SCHOOL DISTRICT …………….……………….…………………………….…. 72 MODESTO CITY SCHOOLS DISTRICT – AREA 2 …………………………………………………. 76 MODESTO CITY SCHOOLS DISTRICT – AREA 4 …………………………………………………. 80 MODESTO CITY SCHOOLS DISTRICT – AREA 6 …………………………………………………. 84 NEWMAN-CROWS LANDING UNIFIED SCHOOL DISTRICT – AREA 3………………………… 88 NEWMAN-CROWS LANDING UNIFIED SCHOOL DISTRICT – AREA 4………………………… 92 OAKDALE JOINT UNIFIED SCHOOL DISTRICT – AREA 3……………………………………….. 96 RIVERBANK UNIFIED SCHOOL DISTRICT – AREA 1…………………………………………….. 100 STANISLAUS UNION SCHOOL DISTRICT – AREA 2…………………………………………….. 104 STANISLAUS UNION SCHOOL DISTRICT – AREA 4…………………………………………….. 108 TURLOCK UNIFIED SCHOOL DISTRICT – AREA 3 ………………….………...…………………. 112 TURLOCK UNIFIED SCHOOL DISTRICT – AREA 5……….………………………………………. 116 TURLOCK UNIFIED SCHOOL DISTRICT – AREA 6 (SHORT TERM)………...…………………. 120 HICKMAN COMMUNITY CHARTER DISTRICT…………….………………………………………. 124 #1..
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HART-RANSOM UNION SCHOOL DISTRICT………..…….………………………………………. 128 CITY OF CERES – MAYOR……………………………………………………………..……..…… 132 CITY OF CERES – MEMBER, CITY COUNCIL – DISTRICT 3…………....…………….….…… 136 CITY OF CERES – MEMBER, CITY COUNCIL – DISTRICT 4……………....…………….….… 140 CITY OF CERES – TREASURER…………………………………………………………..…………. 144 CITY OF HUGHSON – MEMBER, CITY COUNCIL………………………………………….……… 148 CITY OF MODESTO – MEMBER, CITY COUNCIL – DISTRICT 1………....…………….…..…… 152 CITY OF MODESTO – MEMBER, CITY COUNCIL – DISTRICT 3………....…………….…..…… 156 CITY OF MODESTO – MEMBER, CITY COUNCIL – DISTRICT 6………….…………….….…… 160 CITY OF NEWMAN – MAYOR……………………………………………………………..……..…… 164 CITY OF NEWMAN – MEMBER, CITY COUNCIL…………….….…………….………..……..…… 168 CITY OF NEWMAN – TREASURER……………….……………….……………………..……..…… 172 CITY OF OAKDALE – MEMBER, CITY COUNCIL….…………….……………………..……..…… 176 CITY OF OAKDALE – CITY CLERK……………….….…………….……………………..……..…… 180 CITY OF OAKDALE – TREASURER…………….….…………….……………………..……..…… 184 CITY OF PATTERSON – MAYOR…………………………………………………………………….. 188 CITY OF PATTERSON – MEMBER, CITY COUNCIL – DISTRICT A……………………….……. 192 CITY OF PATTERSON – MEMBER, CITY COUNCIL – DISTRICT C……………………….……. 196 CITY OF RIVERBANK – MAYOR……………………………………………………………………… 200 CITY OF RIVERBANK – MEMBER, CITY COUNCIL – DISTRICT 2……………………………… 204 CITY OF RIVERBANK – MEMBER, CITY COUNCIL – DISTRICT 4……………………………… 208 CITY OF TURLOCK – MEMBER, CITY COUNCIL – DISTRICT 2….………………………...…… 212 CITY OF TURLOCK – MEMBER, CITY COUNCIL – DISTRICT 4………………………………… 216 CITY OF TURLOCK – TREASURER…………………………………………………………………. 220 CITY OF WATERFORD – MAYOR……………………………………………………………………. 224 CITY OF WATERFORD – MEMBER, CITY COUNCIL……………………………………………… 228 MODESTO IRRIGATION DISTRICT – DIVISION 5…………………………………………………. 232 OAK VALLEY HOSPITAL DISTRICT…………………………………………………………………. 236 OAKDALE IRRIGATION DISTRICT – DIVISION 4…………………………………………………. 240 TURLOCK IRRIGATION DISTRICT – DIVISION 1……………….…………………………………. 244 DEL PUERTO HEALTH CARE DISTRICT – ZONE 3 (SHORT TERM)…………………………… 248 WESTSIDE COMMUNITY HEALTH CARE DISTRICT – ZONE 1………………………………… 252 #1..
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Modesto City Schools District Board Member - Area 2 - Vote for ONE Precincts
Counted Total Percent
16 16 100.00%
Voters
Ballots Registered Percent
15,888 23,466 67.71%
Choice Party Vote Center Vote By Mail Total
JOHN ERVIN III 584 38.40% 5,372 45.63% 5,956 44.81%
EMMA SPERLING 664 43.66% 3,893 33.07% 4,557 34.28%
ROMAN MESSICK 273 17.95% 2,507 21.30% 2,780 20.91%
Cast Votes: 1,521 100.00% 11,772 100.00% 13,293 100.00% Undervotes: 305 2,221 2,526
Overvotes: 2 3 5
Rejected write-in votes: 10 54 64
Unresolved write-in votes: 0 0 0
Modesto City Schools District Board Member - Area 4 - Vote for ONE Precincts
Counted Total Percent
18 18 100.00%
Voters
Ballots Registered Percent
16,375 23,413 69.94%
Choice Party Vote Center Vote By Mail Total
ABEL MAESTAS 909 60.88% 8,262 66.22% 9,171 65.65%
EMMA ALONZO 584 39.12% 4,214 33.78% 4,798 34.35%
Cast Votes: 1,493 100.00% 12,476 100.00% 13,969 100.00% Undervotes: 314 2,013 2,327
Overvotes: 0 2 2
Rejected write-in votes: 6 71 77
Unresolved write-in votes: 0 0 0
Cumulative Results Report
**OFFICIAL BALLOTS**
Run Time
Run Date
11:36 AM
12/03/2024
STANISLAUS COUNTY, CALIFORNIA
GENERAL ELECTION
11/5/2024
Official Results
Registered Voters
200183 of 293212 = 68.27%
Precincts Reporting
286 of 286 = 100.00%
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Modesto City Schools District Board Member - Area 6 - Vote for ONE Precincts
Counted Total Percent
33 33 100.00%
Voters
Ballots Registered Percent
11,458 18,520 61.87%
Choice Party Vote Center Vote By Mail Total
HOMERO MEJIA 513 43.04% 4,432 54.59% 4,945 53.11%
RUETH VELEZ-LANGROCK 323 27.10% 1,938 23.87% 2,261 24.28% SEBASTIAN JONES 356 29.87% 1,749 21.54% 2,105 22.61%
Cast Votes: 1,192 100.00% 8,119 100.00% 9,311 100.00%
Undervotes: 274 1,789 2,063
Overvotes: 1 1 2
Rejected write-in votes: 15 67 82
Unresolved write-in votes: 0 0 0
Newman-Crows Landing Unified School District Board Member - Area 3 - Vote for ONE Precincts
Counted Total Percent
4 4 100.00%
Voters
Ballots Registered Percent
1,099 1,536 71.55%
Choice Party Vote Center Vote By Mail Total
LYZETTE GONZALEZ 103 68.21% 533 66.46% 636 66.74%
SCOTT K. SCHAA 48 31.79% 269 33.54% 317 33.26%
Cast Votes: 151 100.00% 802 100.00% 953 100.00%
Undervotes: 16 122 138
Overvotes: 0 0 0
Rejected write-in votes: 2 6 8
Unresolved write-in votes: 0 0 0
Cumulative Results Report
**OFFICIAL BALLOTS**
Run Time
Run Date
11:36 AM
12/03/2024
STANISLAUS COUNTY, CALIFORNIA
GENERAL ELECTION
11/5/2024
Official Results
Registered Voters
200183 of 293212 = 68.27%
Precincts Reporting
286 of 286 = 100.00%
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City of Hughson Member, City Council - Vote for no more than TWO Precincts
Counted Total Percent
5 5 100.00%
Voters
Ballots Registered Percent
3,412 4,519 75.50%
Choice Party Vote Center Vote By Mail Total
ALAN MCFADON 170 26.07% 1,090 28.48% 1,260 28.13%
SUSANA VASQUEZ 167 25.61% 865 22.60% 1,032 23.04%
SAM T. RUSH 137 21.01% 878 22.94% 1,015 22.66%
BILLY GONZALES 100 15.34% 568 14.84% 668 14.91%
ABEL MORIN 78 11.96% 426 11.13% 504 11.25%
Cast Votes: 652 100.00% 3,827 100.00% 4,479 100.00%
Undervotes: 380 1,905 2,285
Overvotes: 0 5 5
Rejected write-in votes: 6 44 50
Unresolved write-in votes: 0 0 0
City of Modesto Member, City Council - District 1 - Vote for ONE Precincts
Counted Total Percent
14 14 100.00%
Voters
Ballots Registered Percent
13,743 20,397 67.38%
Choice Party Vote Center Vote By Mail Total
ROSA ESCUTIA-BRAATON 515 37.62% 4,946 48.22% 5,461 46.97% JOEL GUTIERREZ CAMPOS 662 48.36% 3,796 37.01% 4,458 38.35% JOHN LANE GUNDERSON 192 14.02% 1,515 14.77% 1,707 14.68% Cast Votes: 1,369 100.00% 10,257 100.00% 11,626 100.00% Undervotes: 270 1,772 2,042
Overvotes: 1 7 8
Rejected write-in votes: 7 60 67
Unresolved write-in votes: 0 0 0
Cumulative Results Report
**OFFICIAL BALLOTS**
Run Time
Run Date
11:36 AM
12/03/2024
STANISLAUS COUNTY, CALIFORNIA
GENERAL ELECTION
11/5/2024
Official Results
Registered Voters
200183 of 293212 = 68.27%
Precincts Reporting
286 of 286 = 100.00%
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City of Modesto Member, City Council - District 3 - Vote for ONE Precincts
Counted Total Percent
17 17 100.00%
Voters
Ballots Registered Percent
13,512 19,642 68.79%
Choice Party Vote Center Vote By Mail Total
CHRIS RICCI 1,129 100.00% 8,791 100.00% 9,920 100.00%
Cast Votes: 1,129 100.00% 8,791 100.00% 9,920 100.00%
Undervotes: 357 2,803 3,160
Overvotes: 1 1 2
Rejected write-in votes: 58 372 430
Unresolved write-in votes: 0 0 0
City of Modesto Member, City Council - District 6 - Vote for ONE Precincts
Counted Total Percent
13 13 100.00%
Voters
Ballots Registered Percent
15,522 21,642 71.72%
Choice Party Vote Center Vote By Mail Total
DAVID WRIGHT 757 56.66% 6,513 54.87% 7,270 55.05%
AUSTIN GRANT 579 43.34% 5,356 45.13% 5,935 44.95%
Cast Votes: 1,336 100.00% 11,869 100.00% 13,205 100.00% Undervotes: 282 1,976 2,258
Overvotes: 0 3 3
Rejected write-in votes: 3 53 56
Unresolved write-in votes: 0 0 0
City of Newman Mayor - Vote for ONE
Precincts
Counted Total Percent
6 6 100.00%
Voters
Ballots Registered Percent
3,874 5,830 66.45%
Choice Party Vote Center Vote By Mail Total
CASEY GRAHAM 525 100.00% 2,535 100.00% 3,060 100.00%
Cast Votes: 525 100.00% 2,535 100.00% 3,060 100.00%
Undervotes: 103 589 692
Overvotes: 0 2 2
Rejected write-in votes: 26 94 120
Unresolved write-in votes: 0 0 0
Cumulative Results Report
**OFFICIAL BALLOTS**
Run Time
Run Date
11:36 AM
12/03/2024
STANISLAUS COUNTY, CALIFORNIA
GENERAL ELECTION
11/5/2024
Official Results
Registered Voters
200183 of 293212 = 68.27%
Precincts Reporting
286 of 286 = 100.00%
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W1
PRESIDENTIAL GENERAL ELECTION
TUESDAY, NOVEMBER 5, 2024
STANISLAUS COUNTY
VOTES CAST FOR A CERTIFIED WRITE-IN CANDIDATE
ARE INCLUDED IN THE SUMMARY RESULTS FOR EACH OFFICE
QUALIFIED WRITE-IN CANDIDATES ARE INDICATED WITH (W)
SEE INDEX PAGE FOR PRECINCT LEVEL RESULTS
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W2
1% Post Election Manual Tally Report
Presidential General Election – November 5, 2024
Pursuant to California Elections Code 15360, The Stanislaus County Registrar of Voters conducted a random drawing on NOVEMBER 7, 2024, at 11:00 a.m. to determine which ballots would be hand tallied in the 1% Manual Tally to verify accuracy of the ballot counting equipment used at vote centers and at our central count location. • For vote center ballots: 1% of the vote centers were randomly selected and all ballots cast at that location were hand tallied. • For vote by mail ballots: 1% of batches scanned at the central count location during the semifinal canvass were randomly selected.
o Central count utilized three color coded scanning groups: Yellow, Pink, and Green. Each grouping was drawn separately to ensure 1% of batches was randomly drawn from each scanning group. 1,113 Yellow Batches 1,298 Pink Batches 1,317 Green Batches Draw #
Batch Number -
Ballot Count Draw #
Batch Number -
Ballot Count Draw #
Batch Number -
Ballot Count
1 887 - 22 1 390 - 30 1 22 - 12
2 323 - 26 2 1,197 - 2 2 1,060 - 26
3 427 - 26 3 52 - 13 3 1,102 - 32
4 159 - 8 4 997 - 25 4 1,131 - 26
5 510 - 24 5 1 - 23 5 859 - 30
6 936 - 25 6 1,257 - 8 6 84 - 13
7 596 - 6 7 572 - 19 7 935 - 24
8 294 - 24 8 999 - 25 8 686 - 29
9 150 - 13 9 99 - 21 9 1,228 - 3
10 734 - 24 10 110 - 26 10 4 - 19
11 873 - 19 11 1,278 - 21 11 1,295 - 31
12 118 - 13 12 884 - 1 12 911 - 24
13 1,127 - 39 13 545 - 11
14 317 - 28
32 Vote Centers
Draw # Batch Number - Ballot Count
1 VC 31 - Turlock Library - 1,271
Additional batches drawn to ensure all contests were included in the manual tally:
VC 10 - Davis High School – 1,316
Yellow 1,031 – 27
Pink 1,247 – 24
Green 1,242 – 23
Green 1,576 - 8
1% manual tally results matched except for voter marking error (example: marking ballot with pencil or marking ballot outside designated space) where the ballot was corrected, votes counted and the results updated.
In the end, the results from the manual tally matched the machine results with 100% accuracy.
Elections Code 15360(e)
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Cumulative Totals
Precinct Registration Ballots Cast Turnout (%) JOHN ERVIN III ROMAN MESSICK EMMA SPERLING 117009 1,987 1,373 69.1 532 224 410
117011 1,807 1,245 68.9 446 229 353
117012 1,040 552 53.1 206 86 185
117014 1,827 1,093 59.8 383 175 350
117016 572 322 56.3 123 49 103
117017 988 576 58.3 240 86 185
117028 2,351 1,500 63.8 514 209 484
117030 1,836 1,236 67.3 445 222 368
117034 1,772 1,455 82.1 633 260 355
117038 2,251 1,515 67.3 571 250 427
117040 1,162 855 73.6 334 148 204
117042 903 715 79.2 273 148 191
117052 1,866 1,368 73.3 529 288 338
117054 1,201 831 69.2 257 179 256
117068 1,894 1,244 65.7 465 226 347
117212 9 8 88.9 5 1 1 Vote Center Totals 23,466 1,838 7.8 584 273 664 Vote By Mail Totals 23,466 14,050 59.9 5,372 2,507 3,893 Grand Totals 23,466 15,888 67.7 5,956 2,780 4,557
12/03/2024 11:45 AM District Results Report - November 05, 2024 Page 91 Modesto City Schools District Board Member - Area 2
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Vote Center Totals
District Registration Ballots Cast Turnout (%) JOHN ERVIN III ROMAN MESSICK EMMA SPERLING STANISLAUS COUNTY, CALIFORNIA23,466 1,838 7.8 584 273 664 STATEWIDE DISTRICT 23,466 1,838 7.8 584 273 664 COUNTYWIDE DISTRICT 23,466 1,838 7.8 584 273 664 5TH CONGRESSIONAL DISTRICT 23,466 1,838 7.8 584 273 664 STATE BOARD OF EQUALIZATION DISTRICT 123,466 1,838 7.8 584 273 664 4TH SENATORIAL DISTRICT 23,466 1,838 7.8 584 273 664
22ND ASSEMBLY DISTRICT 23,466 1,838 7.8 584 273 664
3RD SUPERVISORIAL DISTRICT 9,299 772 8.3 261 119 265
4TH SUPERVISORIAL DISTRICT 14,167 1,066 7.5 323 154 399 CITY OF MODESTO 23,466 1,838 7.8 584 273 664 MODESTO CITY COUNCIL DISTRICT 1 3,454 296 8.6 108 47 100 MODESTO CITY COUNCIL DISTRICT 3 14,245 1,090 7.7 329 156 421 COUNTY BOARD OF EDUCATION AREA 4 14,167 1,066 7.5 323 154 399 YOSEMITE COMMUNITY COLLEGE AREA 6 18,972 1,468 7.7 450 220 534 MODESTO CITY SCHOOLS AREA 2 23,466 1,838 7.8 584 273 664 MODESTO ELEMENTARY 20,003 1,541 7.7 476 226 564 STANISLAUS UNION 3,463 297 8.6 108 47 100 MODESTO IRRIGATION DIVISION 5 1,612 122 7.6 39 16 49 Vote Center Totals 23,466 1,838 7.8 584 273 664 12/03/2024 11:45 AM District Results Report - November 05, 2024 Page 92 Modesto City Schools District Board Member - Area 2
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Vote By Mail
Totals
District Registration Ballots Cast Turnout (%) JOHN ERVIN III ROMAN MESSICK EMMA SPERLING STANISLAUS COUNTY, CALIFORNIA23,466 14,050 59.9 5372 2507 3893 STATEWIDE DISTRICT 23,466 14,050 59.9 5372 2507 3893 COUNTYWIDE DISTRICT 23,466 14,050 59.9 5372 2507 3893 5TH CONGRESSIONAL DISTRICT 23,466 14,050 59.9 5372 2507 3893 STATE BOARD OF EQUALIZATION DISTRICT 123,466 14,050 59.9 5372 2507 3893 4TH SENATORIAL DISTRICT 23,466 14,050 59.9 5372 2507 3893 22ND ASSEMBLY DISTRICT 23,466 14,050 59.9 5372 2507 3893 3RD SUPERVISORIAL DISTRICT 9,299 5,123 55.1 1941 881 1463 4TH SUPERVISORIAL DISTRICT 14,167 8,927 63.0 3431 1626 2430 CITY OF MODESTO 23,466 14,050 59.9 5372 2507 3893 MODESTO CITY COUNCIL DISTRICT 1 3,454 1,846 53.4 720 314 535 MODESTO CITY COUNCIL DISTRICT 3 14,245 8,617 60.5 3275 1503 2417 COUNTY BOARD OF EDUCATION AREA 4 14,167 8,927 63.0 3431 1626 2430 YOSEMITE COMMUNITY COLLEGE AREA 6 18,972 11,726 61.8 4472 2113 3203 MODESTO CITY SCHOOLS AREA 2 23,466 14,050 59.9 5372 2507 3893 MODESTO ELEMENTARY 20,003 12,197 61.0 4647 2192 3357 STANISLAUS UNION 3,463 1,853 53.5 725 315 536 MODESTO IRRIGATION DIVISION 5 1,612 752 46.7 290 119 239 Vote By Mail Totals 23,466 14,050 59.9 5,372 2,507 3,893 12/03/2024 11:45 AM District Results Report - November 05, 2024 Page 93 Modesto City Schools District Board Member - Area 2
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Grand Totals
District Registration Ballots Cast Turnout (%) JOHN ERVIN III ROMAN MESSICK EMMA SPERLING STANISLAUS COUNTY, CALIFORNIA23,466 15,888 67.7 5956 2780 4557 STATEWIDE DISTRICT 23,466 15,888 67.7 5956 2780 4557 COUNTYWIDE DISTRICT 23,466 15,888 67.7 5956 2780 4557 5TH CONGRESSIONAL DISTRICT 23,466 15,888 67.7 5956 2780 4557 STATE BOARD OF EQUALIZATION DISTRICT 123,466 15,888 67.7 5956 2780 4557 4TH SENATORIAL DISTRICT 23,466 15,888 67.7 5956 2780 4557 22ND ASSEMBLY DISTRICT 23,466 15,888 67.7 5956 2780 4557 3RD SUPERVISORIAL DISTRICT 9,299 5,895 63.4 2202 1000 1728 4TH SUPERVISORIAL DISTRICT 14,167 9,993 70.5 3754 1780 2829 CITY OF MODESTO 23,466 15,888 67.7 5956 2780 4557 MODESTO CITY COUNCIL DISTRICT 1 3,454 2,142 62.0 828 361 635 MODESTO CITY COUNCIL DISTRICT 3 14,245 9,707 68.1 3604 1659 2838 COUNTY BOARD OF EDUCATION AREA 4 14,167 9,993 70.5 3754 1780 2829 YOSEMITE COMMUNITY COLLEGE AREA 6 18,972 13,194 69.5 4922 2333 3737 MODESTO CITY SCHOOLS AREA 2 23,466 15,888 67.7 5956 2780 4557 MODESTO ELEMENTARY 20,003 13,738 68.7 5123 2418 3921 STANISLAUS UNION 3,463 2,150 62.1 833 362 636 MODESTO IRRIGATION DIVISION 5 1,612 874 54.2 329 135 288 Vote Center Totals 23,466 1,838 7.8 584 273 664 Vote By Mail Totals 23,466 14,050 59.9 5,372 2,507 3,893 Grand Totals 23,466 15,888 67.7 5,956 2,780 4,557
12/03/2024 11:45 AM District Results Report - November 05, 2024 Page 94 Modesto City Schools District Board Member - Area 2
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Cumulative Totals
Precinct Registration Ballots Cast Turnout (%) ABEL MAESTAS EMMA ALONZO 107001 23 20 87.0 12 6
107002 197 125 63.5 72 40
107007 488 363 74.4 212 91
117002 1,189 867 72.9 449 274
117058 1,477 893 60.5 523 239
117072 1,521 986 64.8 536 311
117076 1,734 1,062 61.2 613 304
117088 2,186 1,633 74.7 891 504
117100 983 735 74.8 380 240
117101 0 0 0.0 0 0
117106 2,181 1,514 69.4 887 403
117112 1,914 1,423 74.3 802 406
117125 2,082 1,481 71.1 814 416
117127 1,729 1,288 74.5 717 421
117136 1,905 1,366 71.7 791 372
117162 1,024 668 65.2 350 224
117172 2,089 1,473 70.5 857 409
117190 691 478 69.2 265 138 Vote Center Totals 23,413 1,813 7.7 909 584 Vote By Mail Totals 23,413 14,562 62.2 8,262 4,214 Grand Totals 23,413 16,375 69.9 9,171 4,798
12/03/2024 11:45 AM District Results Report - November 05, 2024 Page 95 Modesto City Schools District Board Member - Area 4
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Vote Center Totals
District Registration Ballots Cast Turnout (%) ABEL MAESTAS EMMA ALONZO STANISLAUS COUNTY, CALIFORNIA23,413 1,813 7.7 909 584
STATEWIDE DISTRICT 23,413 1,813 7.7 909 584 COUNTYWIDE DISTRICT 23,413 1,813 7.7 909 584 5TH CONGRESSIONAL DISTRICT 23,413 1,813 7.7 909 584
STATE BOARD OF EQUALIZATION DISTRICT 123,413 1,813 7.7 909 584 4TH SENATORIAL DISTRICT 23,413 1,813 7.7 909 584
9TH ASSEMBLY DISTRICT 197 14 7.1 10 2
22ND ASSEMBLY DISTRICT 23,216 1,799 7.7 899 582
1ST SUPERVISORIAL DISTRICT 19,013 1,454 7.6 729 471
4TH SUPERVISORIAL DISTRICT 4,400 359 8.2 180 113 CITY OF MODESTO 22,705 1,764 7.8 875 576 UNINCORPORATED AREA 708 49 6.9 34 8 MODESTO CITY COUNCIL DISTRICT 6 17,827 1,349 7.6 658 438 COUNTY BOARD OF EDUCATION AREA 4 4,400 359 8.2 180 113 YOSEMITE COMMUNITY COLLEGE AREA 6 14,251 1,163 8.2 595 361 MODESTO CITY SCHOOLS AREA 4
23,413 1,813 7.7 909 584 MODESTO ELEMENTARY 1,880 138 7.3 70 45 Vote Center Totals 23,413 1,813 7.7 909 584 12/03/2024 11:45 AM District Results Report - November 05, 2024 Page 96 Modesto City Schools District Board Member - Area 4
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Vote By Mail
Totals
District Registration Ballots Cast Turnout (%) ABEL MAESTAS EMMA ALONZO STANISLAUS COUNTY, CALIFORNIA23,413 14,562 62.2 8262 4214 STATEWIDE DISTRICT 23,413 14,562 62.2 8262 4214 COUNTYWIDE DISTRICT 23,413 14,562 62.2 8262 4214 5TH CONGRESSIONAL DISTRICT 23,413 14,562 62.2 8262 4214 STATE BOARD OF EQUALIZATION DISTRICT 123,413 14,562 62.2 8262 4214 4TH SENATORIAL DISTRICT 23,413 14,562 62.2 8262 4214
9TH ASSEMBLY DISTRICT 197 111 56.3 62 38
22ND ASSEMBLY DISTRICT 23,216 14,451 62.2 8200 4176
1ST SUPERVISORIAL DISTRICT 19,013 12,099 63.6 6857 3510 4TH SUPERVISORIAL DISTRICT 4,400 2,463 56.0 1405 704 CITY OF MODESTO 22,705 14,103 62.1 8000 4085 UNINCORPORATED AREA 708 459 64.8 262 129 MODESTO CITY COUNCIL DISTRICT 6 17,827 11,294 63.4 6444 3261 COUNTY BOARD OF EDUCATION AREA 4 4,400 2,463 56.0 1405 704 YOSEMITE COMMUNITY COLLEGE AREA 6 14,251 8,582 60.2 4875 2427 MODESTO CITY SCHOOLS AREA 4 23,413 14,562 62.2 8262 4214 MODESTO ELEMENTARY 1,880 1,207 64.2 644 367 Vote By Mail Totals 23,413 14,562 62.2 8,262 4,214 12/03/2024 11:45 AM District Results Report - November 05, 2024 Page 97 Modesto City Schools District Board Member - Area 4
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Grand Totals
District Registration Ballots Cast Turnout (%) ABEL MAESTAS EMMA ALONZO STANISLAUS COUNTY, CALIFORNIA23,413 16,375 69.9 9171 4798 STATEWIDE DISTRICT 23,413 16,375 69.9 9171 4798 COUNTYWIDE DISTRICT 23,413 16,375 69.9 9171 4798 5TH CONGRESSIONAL DISTRICT 23,413 16,375 69.9 9171 4798 STATE BOARD OF EQUALIZATION DISTRICT 123,413 16,375 69.9 9171 4798 4TH SENATORIAL DISTRICT 23,413 16,375 69.9 9171 4798
9TH ASSEMBLY DISTRICT 197 125 63.5 72 40
22ND ASSEMBLY DISTRICT 23,216 16,250 70.0 9099 4758
1ST SUPERVISORIAL DISTRICT 19,013 13,553 71.3 7586 3981 4TH SUPERVISORIAL DISTRICT 4,400 2,822 64.1 1585 817 CITY OF MODESTO 22,705 15,867 69.9 8875 4661 UNINCORPORATED AREA 708 508 71.8 296 137 MODESTO CITY COUNCIL DISTRICT 6 17,827 12,643 70.9 7102 3699 COUNTY BOARD OF EDUCATION AREA 4 4,400 2,822 64.1 1585 817 YOSEMITE COMMUNITY COLLEGE AREA 6 14,251 9,745 68.4 5470 2788 MODESTO CITY SCHOOLS AREA 4 23,413 16,375 69.9 9171 4798 MODESTO ELEMENTARY 1,880 1,345 71.5 714 412 Vote Center Totals 23,413 1,813 7.7 909 584 Vote By Mail Totals 23,413 14,562 62.2 8,262 4,214 Grand Totals 23,413 16,375 69.9 9,171 4,798
12/03/2024 11:45 AM District Results Report - November 05, 2024 Page 98 Modesto City Schools District Board Member - Area 4
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Cumulative Totals
Precinct Registration Ballots Cast Turnout (%) HOMERO MEJIA SEBASTIAN JONES RUETH VELEZ-LANGROCK 101002 1 2 200.0 0 1 0
101005 373 151 40.5 78 25 27
112001 442 354 80.1 87 57 101
112002 570 467 81.9 130 74 129
112003 256 139 54.3 51 27 30
112004 79 61 77.2 22 7 16
112005 26 21 80.8 4 2 12
117006 1,404 634 45.2 336 131 94
117008 1,920 1,157 60.3 547 243 198
117025 896 552 61.6 222 116 95
117026 21 10 47.6 1 1 4
117027 1,466 1,115 76.1 559 141 198
117029 1,585 1,145 72.2 515 191 236
117062 1,258 832 66.1 346 154 182
117064 1,701 949 55.8 395 184 219
117065 485 338 69.7 138 75 56
117116 982 637 64.9 289 111 132
117135 227 110 48.5 48 26 19
117139 600 344 57.3 170 74 52
117140 964 407 42.2 200 70 62
117164 0 0 0.0 0 0 0
117167 0 0 0.0 0 0 0
117188 0 1 0.0 0 1 0
117194 0 0 0.0 0 0 0
117216 0 2 0.0 0 1 0
117218 0 0 0.0 0 0 0
123001 861 665 77.2 199 138 146
123003 46 40 87.0 18 6 6
123008 1,282 620 48.4 267 129 120
123010 842 575 68.3 264 100 110
123011 45 31 68.9 6 4 4
123024 187 99 52.9 53 16 13
123025 1 0 0.0 0 0 0 Vote Center Totals 18,520 1,482 8.0 513 356 323 Vote By Mail Totals 18,520 9,976 53.9 4,432 1,749 1,938 Grand Totals 18,520 11,458 61.9 4,945 2,105 2,261
12/03/2024 11:45 AM District Results Report - November 05, 2024 Page 99 Modesto City Schools District Board Member - Area 6
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Vote Center Totals
District Registration Ballots Cast Turnout (%) HOMERO MEJIA SEBASTIAN JONES RUETH VELEZ-LANGROCK STANISLAUS COUNTY, CALIFORNIA18,520 1,482 8.0 513 356 323 STATEWIDE DISTRICT 18,520 1,482 8.0 513 356 323 COUNTYWIDE DISTRICT 18,520 1,482 8.0 513 356 323 5TH CONGRESSIONAL DISTRICT 9,771 792 8.1 271 189 184
13TH CONGRESSIONAL DISTRICT 8,749 690 7.9 242 167 139
STATE BOARD OF EQUALIZATION DISTRICT 118,520 1,482 8.0 513 356 323 4TH SENATORIAL DISTRICT 18,520 1,482 8.0 513 356 323
9TH ASSEMBLY DISTRICT 1,083 61 5.6 6 15 19
22ND ASSEMBLY DISTRICT 17,437 1,421 8.1 507 341 304
3RD SUPERVISORIAL DISTRICT 14,798 1,193 8.1 405 302 265 4TH SUPERVISORIAL DISTRICT 3,722 289 7.8 108 54 58 CITY OF MODESTO 13,509 1,121 8.3 411 271 234 UNINCORPORATED AREA 5,011 361 7.2 102 85 89 MODESTO CITY COUNCIL DISTRICT 1 2,186 184 8.4 63 38 58 MODESTO CITY COUNCIL DISTRICT 3
5,291 448 8.5 151 104 99 COUNTY BOARD OF EDUCATION AREA 4 3,722 289 7.8 108 54 58 YOSEMITE COMMUNITY COLLEGE AREA 6 1,466 125 8.5 44 23 29 YOSEMITE COMMUNITY COLLEGE AREA 7 7,648 615 8.0 234 157 106 MODESTO CITY SCHOOLS AREA 6
18,520 1,482 8.0 513 356 323 HART-RANSOM ELEMENTARY 2,375 153 6.4 33 41 39 MODESTO ELEMENTARY 13,007 1,087 8.4 409 262 210 STANISLAUS UNION 2,186 184 8.4 63 38 58 MODESTO IRRIGATION DIVISION 5 15,031 1,234 8.2 436 303 262 Vote Center Totals 18,520 1,482 8.0 513 356 323 12/03/2024 11:45 AM District Results Report - November 05, 2024 Page 100 Modesto City Schools District Board Member - Area 6
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Vote By Mail
Totals
District Registration Ballots Cast Turnout (%) HOMERO MEJIA SEBASTIAN JONES RUETH VELEZ-LANGROCK STANISLAUS COUNTY, CALIFORNIA18,520 9,976 53.9 4432 1749 1938 STATEWIDE DISTRICT 18,520 9,976 53.9 4432 1749 1938 COUNTYWIDE DISTRICT 18,520 9,976 53.9 4432 1749 1938 5TH CONGRESSIONAL DISTRICT 9,771 5,565 57.0 2542 939 1080 13TH CONGRESSIONAL DISTRICT 8,749 4,411 50.4 1890 810 858 STATE BOARD OF EQUALIZATION DISTRICT 118,520 9,976 53.9 4432 1749 1938 4TH SENATORIAL DISTRICT 18,520 9,976 53.9 4432 1749 1938 9TH ASSEMBLY DISTRICT 1,083 812 75.0 221 122 227
22ND ASSEMBLY DISTRICT 17,437 9,164 52.6 4211 1627 1711 3RD SUPERVISORIAL DISTRICT 14,798 8,027 54.2 3480 1448 1610 4TH SUPERVISORIAL DISTRICT 3,722 1,949 52.4 952 301 328 CITY OF MODESTO 13,509 7,112 52.6 3355 1248 1313 UNINCORPORATED AREA 5,011 2,864 57.2 1077 501 625 MODESTO CITY COUNCIL DISTRICT 1 2,186 1,103 50.5 470 221 217 MODESTO CITY COUNCIL DISTRICT 3 5,291 3,284 62.1 1558 495 649 COUNTY BOARD OF EDUCATION AREA 4 3,722 1,949 52.4 952 301 328 YOSEMITE COMMUNITY COLLEGE AREA 6 1,466 993 67.7 515 120 169 YOSEMITE COMMUNITY COLLEGE AREA 7 7,648 3,361 43.9 1640 649 559 MODESTO CITY SCHOOLS AREA 6 18,520 9,976 53.9 4432 1749 1938 HART-RANSOM ELEMENTARY 2,375 1,582 66.6 556 253 401 MODESTO ELEMENTARY 13,007 6,613 50.8 3191 1142 1180 STANISLAUS UNION 2,186 1,103 50.5 470 221 217 MODESTO IRRIGATION DIVISION 5 15,031 7,691 51.2 3438 1388 1503 Vote By Mail Totals 18,520 9,976 53.9 4,432 1,749 1,938 12/03/2024 11:45 AM District Results Report - November 05, 2024 Page 101 Modesto City Schools District Board Member - Area 6
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Grand Totals
District Registration Ballots Cast Turnout (%) HOMERO MEJIA SEBASTIAN JONES RUETH VELEZ-LANGROCK STANISLAUS COUNTY, CALIFORNIA18,520 11,458 61.9 4945 2105 2261 STATEWIDE DISTRICT 18,520 11,458 61.9 4945 2105 2261 COUNTYWIDE DISTRICT 18,520 11,458 61.9 4945 2105 2261 5TH CONGRESSIONAL DISTRICT 9,771 6,357 65.1 2813 1128 1264 13TH CONGRESSIONAL DISTRICT 8,749 5,101 58.3 2132 977 997 STATE BOARD OF EQUALIZATION DISTRICT 118,520 11,458 61.9 4945 2105 2261 4TH SENATORIAL DISTRICT 18,520 11,458 61.9 4945 2105 2261 9TH ASSEMBLY DISTRICT 1,083 873 80.6 227 137 246
22ND ASSEMBLY DISTRICT 17,437 10,585 60.7 4718 1968 2015 3RD SUPERVISORIAL DISTRICT 14,798 9,220 62.3 3885 1750 1875 4TH SUPERVISORIAL DISTRICT 3,722 2,238 60.1 1060 355 386 CITY OF MODESTO 13,509 8,233 60.9 3766 1519 1547 UNINCORPORATED AREA 5,011 3,225 64.4 1179 586 714 MODESTO CITY COUNCIL DISTRICT 1 2,186 1,287 58.9 533 259 275 MODESTO CITY COUNCIL DISTRICT 3 5,291 3,732 70.5 1709 599 748 COUNTY BOARD OF EDUCATION AREA 4 3,722 2,238 60.1 1060 355 386 YOSEMITE COMMUNITY COLLEGE AREA 6 1,466 1,118 76.3 559 143 198 YOSEMITE COMMUNITY COLLEGE AREA 7 7,648 3,976 52.0 1874 806 665 MODESTO CITY SCHOOLS AREA 6 18,520 11,458 61.9 4945 2105 2261 HART-RANSOM ELEMENTARY 2,375 1,735 73.1 589 294 440 MODESTO ELEMENTARY 13,007 7,700 59.2 3600 1404 1390 STANISLAUS UNION 2,186 1,287 58.9 533 259 275 MODESTO IRRIGATION DIVISION 5 15,031 8,925 59.4 3874 1691 1765 Vote Center Totals 18,520 1,482 8.0 513 356 323 Vote By Mail Totals 18,520 9,976 53.9 4,432 1,749 1,938 Grand Totals 18,520 11,458 61.9 4,945 2,105 2,261
12/03/2024 11:45 AM District Results Report - November 05, 2024 Page 102 Modesto City Schools District Board Member - Area 6
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Cumulative Totals
Precinct Registration Ballots Cast Turnout (%) ROSA ESCUTIA-BRAATON JOHN LANE GUNDERSON JOEL GUTIERREZ CAMPOS 117016 572 322 56.3 136 28 120
117017 988 576 58.3 247 75 189
117018 1,080 759 70.3 243 123 293
117064 1,701 949 55.8 388 115 305
117065 485 338 69.7 132 55 86
117068 1,894 1,244 65.7 502 156 398
117069 1,866 1,278 68.5 521 141 385
117084 1,587 1,022 64.4 403 137 327
117090 1,787 1,446 80.9 613 145 469
117095 1,902 1,414 74.3 569 158 491
117096 2,182 1,374 63.0 549 183 438
117113 1,733 1,260 72.7 494 150 422
117117 1,709 1,103 64.5 409 137 348
117166 911 658 72.2 255 104 187 Vote Center Totals 20,397 1,647 8.1 515 192 662 Vote By Mail Totals 20,397 12,096 59.3 4,946 1,515 3,796 Grand Totals 20,397 13,743 67.4 5,461 1,707 4,458
12/03/2024 11:45 AM District Results Report - November 05, 2024 Page 167 City of Modesto Member, City Council - District 1
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Vote Center Totals
District Registration Ballots Cast Turnout (%) ROSA ESCUTIA-BRAATON JOHN LANE GUNDERSON JOEL GUTIERREZ CAMPOS STANISLAUS COUNTY, CALIFORNIA20,397 1,647 8.1 515 192 662 STATEWIDE DISTRICT 20,397 1,647 8.1 515 192 662 COUNTYWIDE DISTRICT 20,397 1,647 8.1 515 192 662 5TH CONGRESSIONAL DISTRICT 20,397 1,647 8.1 515 192 662 STATE BOARD OF EQUALIZATION DISTRICT 120,397 1,647 8.1 515 192 662 4TH SENATORIAL DISTRICT 20,397 1,647 8.1 515 192 662
22ND ASSEMBLY DISTRICT 20,397 1,647 8.1 515 192 662
3RD SUPERVISORIAL DISTRICT 20,397 1,647 8.1 515 192 662 CITY OF MODESTO 20,397 1,647 8.1 515 192 662 MODESTO CITY COUNCIL DISTRICT 1 20,397 1,647 8.1 515 192 662 MODESTO CITY SCHOOLS AREA 2 3,454 296 8.6 101 42 115 MODESTO CITY SCHOOLS AREA 6
2,186 184 8.4 54 26 79
SALIDA UNION 3,296 288 8.7 85 31 118
STANISLAUS UNION 16,021 1,249 7.8 405 145 496
STANISLAUS UNION AREA 2 3,653 259 7.1 91 15 103
STANISLAUS UNION AREA 4 2,644 206 7.8 60 27 77 MODESTO IRRIGATION DIVISION 5 2,273 207 9.1 65 28 84 Vote Center Totals 20,397 1,647 8.1 515 192 662 12/03/2024 11:45 AM District Results Report - November 05, 2024 Page 168 City of Modesto Member, City Council - District 1
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Vote By Mail
Totals
District Registration Ballots Cast Turnout (%) ROSA ESCUTIA-BRAATON JOHN LANE GUNDERSON JOEL GUTIERREZ CAMPOS STANISLAUS COUNTY, CALIFORNIA20,397 12,096 59.3 4946 1515 3796 STATEWIDE DISTRICT 20,397 12,096 59.3 4946 1515 3796 COUNTYWIDE DISTRICT 20,397 12,096 59.3 4946 1515 3796 5TH CONGRESSIONAL DISTRICT 20,397 12,096 59.3 4946 1515 3796 STATE BOARD OF EQUALIZATION DISTRICT 120,397 12,096 59.3 4946 1515 3796 4TH SENATORIAL DISTRICT 20,397 12,096 59.3 4946 1515 3796 22ND ASSEMBLY DISTRICT 20,397 12,096 59.3 4946 1515 3796 3RD SUPERVISORIAL DISTRICT 20,397 12,096 59.3 4946 1515 3796 CITY OF MODESTO 20,397 12,096 59.3 4946 1515 3796 MODESTO CITY COUNCIL DISTRICT 1 20,397 12,096 59.3 4946 1515 3796 MODESTO CITY SCHOOLS AREA 2 3,454 1,846 53.4 784 217 592 MODESTO CITY SCHOOLS AREA 6 2,186 1,103 50.5 466 144 312
SALIDA UNION 3,296 1,837 55.7 727 243 557
STANISLAUS UNION 16,021 9,610 60.0 4001 1165 2994
STANISLAUS UNION AREA 2 3,653 2,465 67.5 1043 271 751
STANISLAUS UNION AREA 4 2,644 1,712 64.8 689 227 532 MODESTO IRRIGATION DIVISION 5 2,273 1,064 46.8 459 115 341 Vote By Mail Totals 20,397 12,096 59.3 4,946 1,515 3,796 12/03/2024 11:45 AM District Results Report - November 05, 2024 Page 169 City of Modesto Member, City Council - District 1
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Grand Totals
District Registration Ballots Cast Turnout (%) ROSA ESCUTIA-BRAATON JOHN LANE GUNDERSON JOEL GUTIERREZ CAMPOS STANISLAUS COUNTY, CALIFORNIA20,397 13,743 67.4 5461 1707 4458 STATEWIDE DISTRICT 20,397 13,743 67.4 5461 1707 4458 COUNTYWIDE DISTRICT 20,397 13,743 67.4 5461 1707 4458 5TH CONGRESSIONAL DISTRICT 20,397 13,743 67.4 5461 1707 4458 STATE BOARD OF EQUALIZATION DISTRICT 120,397 13,743 67.4 5461 1707 4458 4TH SENATORIAL DISTRICT 20,397 13,743 67.4 5461 1707 4458 22ND ASSEMBLY DISTRICT 20,397 13,743 67.4 5461 1707 4458 3RD SUPERVISORIAL DISTRICT 20,397 13,743 67.4 5461 1707 4458 CITY OF MODESTO 20,397 13,743 67.4 5461 1707 4458 MODESTO CITY COUNCIL DISTRICT 1 20,397 13,743 67.4 5461 1707 4458 MODESTO CITY SCHOOLS AREA 2 3,454 2,142 62.0 885 259 707 MODESTO CITY SCHOOLS AREA 6 2,186 1,287 58.9 520 170 391
SALIDA UNION 3,296 2,125 64.5 812 274 675
STANISLAUS UNION 16,021 10,859 67.8 4406 1310 3490
STANISLAUS UNION AREA 2 3,653 2,724 74.6 1134 286 854
STANISLAUS UNION AREA 4 2,644 1,918 72.5 749 254 609 MODESTO IRRIGATION DIVISION 5 2,273 1,271 55.9 524 143 425 Vote Center Totals 20,397 1,647 8.1 515 192 662 Vote By Mail Totals 20,397 12,096 59.3 4,946 1,515 3,796 Grand Totals 20,397 13,743 67.4 5,461 1,707 4,458
12/03/2024 11:45 AM District Results Report - November 05, 2024 Page 170 City of Modesto Member, City Council - District 1
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Cumulative Totals
Precinct Registration Ballots Cast Turnout (%) CHRIS RICCI 117009 1,987 1,373 69.1 1,002
117011 1,807 1,245 68.9 927
117012 1,040 552 53.1 411
117027 1,466 1,115 76.1 811
117028 2,351 1,500 63.8 1,067
117029 1,585 1,145 72.2 831
117030 1,836 1,236 67.3 907
117034 1,772 1,455 82.1 1,104
117038 2,251 1,515 67.3 1,118
117054 1,201 831 69.2 615
117062 1,258 832 66.1 600
117116 982 637 64.9 470
117188 0 1 0.0 1
117189 106 73 68.9 54
117194 0 0 0.0 0
117216 0 2 0.0 2
117218 0 0 0.0 0 Vote Center Totals 19,642 1,545 7.9 1,129 Vote By Mail Totals 19,642 11,967 60.9 8,791
Grand Totals 19,642 13,512 68.8 9,920
12/03/2024 11:45 AM District Results Report - November 05, 2024 Page 171 City of Modesto Member, City Council - District 3
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Vote Center Totals
District Registration Ballots Cast Turnout (%) CHRIS RICCI STANISLAUS COUNTY, CALIFORNIA19,642 1,545 7.9 1,129
STATEWIDE DISTRICT 19,642 1,545 7.9 1,129 COUNTYWIDE DISTRICT 19,642 1,545 7.9 1,129 5TH CONGRESSIONAL DISTRICT 19,642 1,545 7.9 1,129
STATE BOARD OF EQUALIZATION DISTRICT 119,642 1,545 7.9 1,129 4TH SENATORIAL DISTRICT 19,642 1,545 7.9 1,129
22ND ASSEMBLY DISTRICT 19,642 1,545 7.9 1,129
3RD SUPERVISORIAL DISTRICT 6,672 547 8.2 387
4TH SUPERVISORIAL DISTRICT 12,970 998 7.7 742 CITY OF MODESTO 19,642 1,545 7.9 1,129 MODESTO CITY COUNCIL DISTRICT 3 19,642 1,545 7.9 1,129 COUNTY BOARD OF EDUCATION AREA 4 12,970 998 7.7 742 YOSEMITE COMMUNITY COLLEGE AREA 6
14,777 1,148 7.8 852 MODESTO CITY SCHOOLS AREA 2
14,245 1,090 7.7 808 MODESTO CITY SCHOOLS AREA 6
5,291 448 8.5 317 HART-RANSOM ELEMENTARY 1,258 89 7.1 65 MODESTO ELEMENTARY 18,278 1,449 7.9 1,060 STANISLAUS UNION 0 0 0.0 0 MODESTO IRRIGATION DIVISION 5 4,865 398 8.2 278 Vote Center Totals 19,642 1,545 7.9 1,129 12/03/2024 11:45 AM District Results Report - November 05, 2024 Page 172 City of Modesto Member, City Council - District 3
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Vote By Mail
Totals
District Registration Ballots Cast Turnout (%) CHRIS RICCI STANISLAUS COUNTY, CALIFORNIA19,642 11,967 60.9 8791
STATEWIDE DISTRICT 19,642 11,967 60.9 8791 COUNTYWIDE DISTRICT 19,642 11,967 60.9 8791 5TH CONGRESSIONAL DISTRICT 19,642 11,967 60.9 8791
STATE BOARD OF EQUALIZATION DISTRICT 119,642 11,967 60.9 8791 4TH SENATORIAL DISTRICT 19,642 11,967 60.9 8791
22ND ASSEMBLY DISTRICT 19,642 11,967 60.9 8791
3RD SUPERVISORIAL DISTRICT 6,672 3,866 57.9 2854
4TH SUPERVISORIAL DISTRICT 12,970 8,101 62.5 5937 CITY OF MODESTO 19,642 11,967 60.9 8791 MODESTO CITY COUNCIL DISTRICT 3 19,642 11,967 60.9 8791 COUNTY BOARD OF EDUCATION AREA 4 12,970 8,101 62.5 5937 YOSEMITE COMMUNITY COLLEGE AREA 6 14,777 9,198 62.2 6756 MODESTO CITY SCHOOLS AREA 2
14,245 8,617 60.5 6343 MODESTO CITY SCHOOLS AREA 6
5,291 3,284 62.1 2398 HART-RANSOM ELEMENTARY 1,258 743 59.1 535 MODESTO ELEMENTARY 18,278 11,158 61.0 8206 STANISLAUS UNION 0 0 0.0 0 MODESTO IRRIGATION DIVISION 5 4,865 2,771 57.0 2037 Vote By Mail Totals 19,642 11,967 60.9 8,791 12/03/2024 11:45 AM District Results Report - November 05, 2024 Page 173 City of Modesto Member, City Council - District 3
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Grand Totals
District Registration Ballots Cast Turnout (%) CHRIS RICCI STANISLAUS COUNTY, CALIFORNIA19,642 13,512 68.8 9920
STATEWIDE DISTRICT 19,642 13,512 68.8 9920 COUNTYWIDE DISTRICT 19,642 13,512 68.8 9920 5TH CONGRESSIONAL DISTRICT 19,642 13,512 68.8 9920
STATE BOARD OF EQUALIZATION DISTRICT 119,642 13,512 68.8 9920 4TH SENATORIAL DISTRICT 19,642 13,512 68.8 9920
22ND ASSEMBLY DISTRICT 19,642 13,512 68.8 9920
3RD SUPERVISORIAL DISTRICT 6,672 4,413 66.1 3241
4TH SUPERVISORIAL DISTRICT 12,970 9,099 70.2 6679 CITY OF MODESTO 19,642 13,512 68.8 9920 MODESTO CITY COUNCIL DISTRICT 3 19,642 13,512 68.8 9920 COUNTY BOARD OF EDUCATION AREA 4 12,970 9,099 70.2 6679 YOSEMITE COMMUNITY COLLEGE AREA 6 14,777 10,346 70.0 7608 MODESTO CITY SCHOOLS AREA 2
14,245 9,707 68.1 7151 MODESTO CITY SCHOOLS AREA 6
5,291 3,732 70.5 2715 HART-RANSOM ELEMENTARY 1,258 832 66.1 600 MODESTO ELEMENTARY 18,278 12,607 69.0 9266 STANISLAUS UNION 0 0 0.0 0 MODESTO IRRIGATION DIVISION 5 4,865 3,169 65.1 2315 Vote Center Totals 19,642 1,545 7.9 1,129 Vote By Mail Totals 19,642 11,967 60.9 8,791
Grand Totals 19,642 13,512 68.8 9,920
12/03/2024 11:45 AM District Results Report - November 05, 2024 Page 174 City of Modesto Member, City Council - District 3
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Cumulative Totals
Precinct Registration Ballots Cast Turnout (%) AUSTIN GRANT DAVID WRIGHT 117070 2,085 1,598 76.6 539 802
117076 1,734 1,062 61.2 447 459
117083 1,730 1,281 74.0 430 683
117088 2,186 1,633 74.7 607 774
117100 983 735 74.8 274 367
117101 0 0 0.0 0 0
117106 2,181 1,514 69.4 645 646
117112 1,914 1,423 74.3 519 680
117125 2,082 1,481 71.1 574 664
117127 1,729 1,288 74.5 497 619
117136 1,905 1,366 71.7 550 628
117162 1,024 668 65.2 262 323
117172 2,089 1,473 70.5 591 625 Vote Center Totals 21,642 1,621 7.5 579 757 Vote By Mail Totals 21,642 13,901 64.2 5,356 6,513 Grand Totals 21,642 15,522 71.7 5,935 7,270
12/03/2024 11:45 AM District Results Report - November 05, 2024 Page 175 City of Modesto Member, City Council - District 6
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Vote Center Totals
District Registration Ballots Cast Turnout (%) AUSTIN GRANT DAVID WRIGHT STANISLAUS COUNTY, CALIFORNIA21,642 1,621 7.5 579 757
STATEWIDE DISTRICT 21,642 1,621 7.5 579 757 COUNTYWIDE DISTRICT 21,642 1,621 7.5 579 757 5TH CONGRESSIONAL DISTRICT 21,642 1,621 7.5 579 757
STATE BOARD OF EQUALIZATION DISTRICT 121,642 1,621 7.5 579 757 4TH SENATORIAL DISTRICT 21,642 1,621 7.5 579 757
22ND ASSEMBLY DISTRICT 21,642 1,621 7.5 579 757
1ST SUPERVISORIAL DISTRICT 19,908 1,488 7.5 540 694
4TH SUPERVISORIAL DISTRICT 1,734 133 7.7 39 63 CITY OF MODESTO 21,642 1,621 7.5 579 757 MODESTO CITY COUNCIL DISTRICT 6 21,642 1,621 7.5 579 757 COUNTY BOARD OF EDUCATION AREA 4 1,734 133 7.7 39 63 YOSEMITE COMMUNITY COLLEGE AREA 6
10,970 862 7.9 299 403 MODESTO CITY SCHOOLS AREA 4
17,827 1,349 7.6 498 606 MODESTO ELEMENTARY 0 0 0.0 0 0 Vote Center Totals 21,642 1,621 7.5 579 757 12/03/2024 11:45 AM District Results Report - November 05, 2024 Page 176 City of Modesto Member, City Council - District 6
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Vote By Mail
Totals
District Registration Ballots Cast Turnout (%) AUSTIN GRANT DAVID WRIGHT STANISLAUS COUNTY, CALIFORNIA21,642 13,901 64.2 5356 6513 STATEWIDE DISTRICT 21,642 13,901 64.2 5356 6513 COUNTYWIDE DISTRICT 21,642 13,901 64.2 5356 6513 5TH CONGRESSIONAL DISTRICT 21,642 13,901 64.2 5356 6513 STATE BOARD OF EQUALIZATION DISTRICT 121,642 13,901 64.2 5356 6513 4TH SENATORIAL DISTRICT 21,642 13,901 64.2 5356 6513
22ND ASSEMBLY DISTRICT 21,642 13,901 64.2 5356 6513
1ST SUPERVISORIAL DISTRICT 19,908 12,972 65.2 4948 6117 4TH SUPERVISORIAL DISTRICT 1,734 929 53.6 408 396 CITY OF MODESTO 21,642 13,901 64.2 5356 6513 MODESTO CITY COUNCIL DISTRICT 6 21,642 13,901 64.2 5356 6513 COUNTY BOARD OF EDUCATION AREA 4 1,734 929 53.6 408 396 YOSEMITE COMMUNITY COLLEGE AREA 6 10,970 6,894 62.8 2730 3163 MODESTO CITY SCHOOLS AREA 4 17,827 11,294 63.4 4468 5179 MODESTO ELEMENTARY 0 0 0.0 0 0 Vote By Mail Totals 21,642 13,901 64.2 5,356 6,513 12/03/2024 11:45 AM District Results Report - November 05, 2024 Page 177 City of Modesto Member, City Council - District 6
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Grand Totals
District Registration Ballots Cast Turnout (%) AUSTIN GRANT DAVID WRIGHT STANISLAUS COUNTY, CALIFORNIA21,642 15,522 71.7 5935 7270 STATEWIDE DISTRICT 21,642 15,522 71.7 5935 7270 COUNTYWIDE DISTRICT 21,642 15,522 71.7 5935 7270 5TH CONGRESSIONAL DISTRICT 21,642 15,522 71.7 5935 7270 STATE BOARD OF EQUALIZATION DISTRICT 121,642 15,522 71.7 5935 7270 4TH SENATORIAL DISTRICT 21,642 15,522 71.7 5935 7270
22ND ASSEMBLY DISTRICT 21,642 15,522 71.7 5935 7270
1ST SUPERVISORIAL DISTRICT 19,908 14,460 72.6 5488 6811 4TH SUPERVISORIAL DISTRICT 1,734 1,062 61.2 447 459 CITY OF MODESTO 21,642 15,522 71.7 5935 7270 MODESTO CITY COUNCIL DISTRICT 6 21,642 15,522 71.7 5935 7270 COUNTY BOARD OF EDUCATION AREA 4 1,734 1,062 61.2 447 459 YOSEMITE COMMUNITY COLLEGE AREA 6 10,970 7,756 70.7 3029 3566 MODESTO CITY SCHOOLS AREA 4 17,827 12,643 70.9 4966 5785 MODESTO ELEMENTARY 0 0 0.0 0 0 Vote Center Totals 21,642 1,621 7.5 579 757 Vote By Mail Totals 21,642 13,901 64.2 5,356 6,513 Grand Totals 21,642 15,522 71.7 5,935 7,270
12/03/2024 11:45 AM District Results Report - November 05, 2024 Page 178 City of Modesto Member, City Council - District 6
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12/3/2024 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, December 03, 2024 at 5:30 PM
Roll Call – Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
Absent: None
Pledge of Allegiance to the Flag
Invocation: Bill Kenoyer, Redeemer Church
City Clerk’s Announcements: None
Declaration of Conflicts of Interest: Item 26 - Vice-Mayor Alvarez recused.
Reports from Closed Session: No reportable action.
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Presentation of Helen Putnam Award for Excellence to the City of Modesto in recognition for the partnership of Community Economic Development with Downtown Streets Team; Modesto Police Department for their Student Engagement Officer and 10K with a Cop; and Modesto Police Department for their Healthy Rooms Project. (Funding Source: Not Applicable)
CITY MANAGER; Joe Lopez, 209-577-5223, [email protected] #3..
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12/3/2024 5:30:00 PM
ACTION: Stephen Qualls and Desiree Haus presented Helen Putnam Award for Excellence to the City of Modesto in recognition for the partnership of Community Economic Development with Downtown Streets Team; Modesto Police Department for their Student Engagement Officer and 10K with a Cop; and Modesto Police Department for their Healthy Rooms Project.
2. Presentation of a check to the City of Modesto Parks, Recreation and Neighborhoods Department from proceeds received by the North Modesto Kiwanis Club as the presenting sponsor of the Annual Breakfast with Santa Event. (Funding Source: Not Applicable)
PRN; Jeremy Rogers, 209-577-5347, [email protected] ACTION: Jennifer Mullin presented a check for $10,000 to the City of Modesto Parks, Recreation and Neighborhoods Department from proceeds received by the North Modesto Kiwanis Club as the presenting sponsor of the Annual Breakfast with Santa Event.
PUBLIC COMMENT IN PERSON
Dan Nichols raised concerns about dangerous speeding near his home, especially between Kodiak and Sylvan roundabouts. He warned of accidents and risks to students from a nearby high school, urging increased police enforcement and safety measures to prevent further tragedies.
Kevin McClarty raised concerns about city buses creating traffic hazards when stopping to pick up or drop off passengers, particularly on streets like McHenry, Stanford, and Briggsmore. He highlighted issues like buses blocking the right lane, forcing vehicles to merge and obstructing pedestrian visibility, raising accident risks.
McClarty proposed solutions like bus stop cutouts, as seen on Sisk Road, to enhance safety for motorists and pedestrians.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS: (3-6, 8-22; Bavaro/Williams; 7/0)
CONSENT
Consent
3. Consider approving the minutes for the November 12, 2024 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes for the November 12, 2024 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Bavaro/Williams; 7/0) Motion approving the minutes for the November 12, 2024 Council Meeting.
Consent
4. Consider approving Final Adoption of Ordinance 3787-C.S. amending various sections #3..
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and tables within Title 10 of the Modesto Municipal Code relating to Accessory Dwelling Units. (Funding Source: Not Applicable)
Motion approving Final Adoption of Ordinance 3787-C.S. amending various sections and tables within Title 10 of the Modesto Municipal Code relating to Accessory Dwelling Units.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Bavaro/Williams; 7/0) Motion approving Final Adoption of Ordinance 3787-C.S. amending various sections and tables within Title 10 of the Modesto Municipal Code relating to Accessory Dwelling Units.
Consent
5. Consider amending the 2025 Calendar of regularly scheduled City Council and Council Standing Committee meetings, and Rescinding Resolution 2024-381. (Funding Source:
Not Applicable)
Resolution approving the amended 2025 City Calendars of regularly scheduled City Council and Council Standing Committee meetings and Rescinding Resolution 2024-381.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Bavaro/Williams; 7/0) Resolution 2024-428 approving the amended 2025 City Calendars of regularly scheduled City Council and Council Standing Committee meetings and Rescinding Resolution 2024-381.
Consent
6. Consider accepting the Procurement Performance Audit report. (Funding Source: Not Applicable)
Motion accepting the Procurement Performance Audit report.
CITY AUDITOR; Colleen Rozillis, 206-302-6795, [email protected] ACTION: (Bavaro/Williams; 7/0) Motion accepting the Procurement Performance Audit report.
Removed from Consent
7. Consider accepting the Solid Waste and Forestry Efficiency Study Update report. (Funding Source: Not Applicable)
Motion accepting the Solid Waste and Forestry Efficiency Study Update report.
CITY AUDITOR; Colleen Rozillis, 206-302-6795, [email protected] ACTION: (Wright/Ricci; 7/0) Motion accepting the Solid Waste and Forestry Efficiency Study Update report.
Consent
8. Consider accepting the Property Management Review report. (Funding Source: Not Applicable)
Motion accepting the Property Management Review report. #3..
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CITY AUDITOR; Colleen Rozillis, 206-302-6795, [email protected] ACTION: (Bavaro/Williams; 7/0) Motion accepting the Property Management Review report.
Consent
9. Consider accepting the Fleet Internal Controls Review report. (Funding Source: Not Applicable)
Motion accepting the Fleet Internal Controls Review report.
CITY AUDITOR; Colleen Rozillis, 206-302-6795, [email protected] ACTION: (Bavaro/Williams; 7/0) Motion accepting the Fleet Internal Controls Review report.
Consent
10. Consider approving the recommended budget adjustments to Fiscal Year 2024-25 Annual Operating and Capital Improvement Program Budgets and amending the Fiscal Year 2024-25 Position Allocation. (Funding Source: Various Funds) Resolution amending Fiscal Year 2024-25 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to take the necessary steps to implement the provisions of this Resolution. Resolution amending the Position Allocation for Fiscal Year 2024-25 as adopted in the operating budget.
BUDGET; Stephan Christensen, 209-577-5390, [email protected] ACTION: (Bavaro/Williams; 7/0) Resolution 2024-429 amending Fiscal Year 2024- 25 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to take the necessary steps to implement the provisions of this Resolution.
ACTION: (Bavaro/Williams; 7/0) Resolution 2024-430 amending the Position Allocation for Fiscal Year 2024-25 as adopted in the operating budget.
Consent
11. Consider removing the original HOME Investment Partnership award in the amount of $1,786,971 and approving a First Amendment to the Permanent Local Housing Allocation Loan Agreement with Stanislaus Regional Housing Authority to increase the loan by $1,786,971 for a new total amount of $2,745,694 for the development of the Vine Street Affordable Housing Project. (Funding Source: Permanent Local Housing Allocation)
Resolution removing the original HOME Investment Partnership award in the amount of $1,786,971 and approving a First Amendment to the Permanent Local Housing Allocation Loan Agreement with Stanislaus Regional Housing Authority to increase the loan by $1,786,971 for a new total amount of $2,745,694 for the development of the Vine Street Affordable Housing Project; and authorizing the City Manager, or his designee, to negotiate and execute the #3..
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Agreement.
Resolution amending the fiscal year 2024-2025 multi-year fund budget to increase the transfer of Permanent Local Housing Allocation (PLHA) funds for the development of the affordable housing Vine Street project (101185) in the amount of $1,786,971 and reducing the transfer of HOME Investment Partnership (HOME) funds of $1,786,971 for a total project cost not to exceed $3,326,604 and budgeting the necessary transfers and authorizing the City Manager or his designee to take the necessary steps to implement the provisions of this resolution.
CED; Jessica Hill, 209-577-5211, [email protected]
ACTION: (Bavaro/Williams; 7/0) Resolution 2024-431 removing the original HOME Investment Partnership award in the amount of $1,786,971 and approving a First Amendment to the Permanent Local Housing Allocation Loan Agreement with Stanislaus Regional Housing Authority to increase the loan by $1,786,971 for a new total amount of $2,745,694 for the development of the Vine Street Affordable Housing Project; and authorizing the City Manager, or his designee, to negotiate and execute the Agreement.
ACTION: (Bavaro/Williams; 7/0) Resolution 2024-432 amending the fiscal year 2024-2025 multi-year fund budget to increase the transfer of Permanent Local Housing Allocation (PLHA) funds for the development of the affordable housing Vine Street project (101185) in the amount of $1,786,971 and reducing the transfer of HOME Investment Partnership (HOME) funds of $1,786,971 for a total project cost not to exceed $3,326,604 and budgeting the necessary transfers and authorizing the City Manager or his designee to take the necessary steps to implement the provisions of this resolution.
Consent
12. Consider accepting an Informational Report for the October 2024 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Motion accepting an Informational Report for the October 2024 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Bavaro/Williams; 7/0) Motion accepting an Informational Report for the October 2024 Accounts Payable Payment Register and Void Report.
Consent
13. Consider approving an Agreement with Gilton Solid Waste Management, Inc. and Bertolotti Modesto Disposal, Inc. to perform Billing and Collection Services for certain solid waste removal provided to single-family residential customers within the City limits of Modesto for a two-year Agreement with three one-year extension options. (Funding Source: Not Applicable)
Resolution approving an Agreement with Gilton Solid Waste Management, Inc. #3..
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and Bertolotti Modesto Disposal, Inc. to perform Billing and Collection Services for certain solid waste removal provided to single-family residential customers within the City limits of Modesto for a two-year Agreement with three one-year extension options, and authorizing the City Manager, or his designee, to execute the Agreements.
FINANCE DEPARTMENT; Jeni Martin, 209-571-5892, [email protected] ACTION: (Bavaro/Williams; 7/0) Resolution 2024-433 approving an Agreement with Gilton Solid Waste Management, Inc. and Bertolotti Modesto Disposal, Inc. to perform Billing and Collection Services for certain solid waste removal provided to single-family residential customers within the City limits of Modesto for a two-year Agreement with three one-year extension options, and authorizing the City Manager, or his designee, to execute the Agreements.
Consent
14. Consider approving a Change Order to the Agreement with OpenGov Inc., San Francisco, CA for the Public Bidding Solution Subscription increasing the Agreement amount by $13,975. (Funding Source: General Fund, Capital Improvement Fund, and Utility Funds)
Resolution approving a Change Order to the Agreement with OpenGov Inc., San Francisco, CA for the Public Bidding Solution Subscription increasing the amount by $13,975 for a new total amount not to exceed $290,111; and authorizing the City Manager or his designee to execute the Change Order request.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Bavaro/Williams; 7/0) Resolution 2024-434 approving a Change Order to the Agreement with OpenGov Inc., San Francisco, CA for the Public Bidding Solution Subscription increasing the amount by $13,975 for a new total amount not to exceed $290,111; and authorizing the City Manager or his designee to execute the Change Order request.
Consent
15. Consider approving the First Amendment with Public Group, aka Public Surplus, Provo, UT for Online Auction Services increasing the Agreement amount by $250,000. (Funding Source: Various Fleet Replacement Funds)
Resolution approving the First Amendment with Public Group, aka Public Surplus, Provo, UT for Online Auction Services increasing the Agreement annual estimated amount by $50,000 to a revised annual estimated amount of $80,000 and increasing the Agreement amount by $250,000 to a new total amount not to exceed $400,000 for the five-year term Agreement; and authorizing the City Manager or his designee to execute the Amendment.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] ACTION: (Bavaro/Williams; 7/0) Resolution 2024-435 approving the First Amendment with Public Group, aka Public Surplus, Provo, UT for Online Auction #3..
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Services increasing the Agreement annual estimated amount by $50,000 to a revised annual estimated amount of $80,000 and increasing the Agreement amount by $250,000 to a new total amount not to exceed $400,000 for the five-year term Agreement; and authorizing the City Manager or his designee to execute the Amendment.
Consent
16. Consider approving an Agreement with First Alarm Wellness, Vista, California for Behavioral Health Services for the Modesto Fire Department for a two-year Agreement with three one-year extension options, for an annual estimated amount of $32,100 and a total amount not to exceed $160,500 over five years. (Funding Source: General Fund) Resolution approving an Agreement with First Alarm Wellness, Vista, California for Behavioral Health Services for the Modesto Fire Department for a two-year Agreement with three one-year extension options, for an annual estimated amount of $32,100, and a total amount not to exceed $160,500 over five years and authorizing the City Manager, or his designee, to execute the Agreement.
FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected] ACTION: (Bavaro/Williams; 7/0) Resolution 2024-436 approving an Agreement with First Alarm Wellness, Vista, California for Behavioral Health Services for the Modesto Fire Department for a two-year Agreement with three one-year extension options, for an annual estimated amount of $32,100, and a total amount not to exceed $160,500 over five years and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
17. Consider approving a Second Amendment with West Coast Door and Gate, Ceres, CA, for On-call Commercial Roll-up Door Maintenance and Repair Services, increasing the Agreement amount by $50,000 to a new total amount not to exceed $286,000, and extending the term of the Agreement from December 2, 2024, to December 2, 2025. (Funding Source: General Fund)
Resolution approving the Second Amendment with West Coast Door and Gate, Ceres, CA for the on-call Commercial Roll-up Door Maintenance and Repair Services increasing the Agreement amount by $50,000 to a new total amount not to exceed $286,000, and extending the term of the Agreement from December 2, 2024, to December 2, 2025, and authorizing the City Manager, or his designee, to execute the Amendment.
FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected] ACTION: (Bavaro/Williams; 7/0) Resolution 2024-437 approving the Second Amendment with West Coast Door and Gate, Ceres, CA for the on-call Commercial Roll-up Door Maintenance and Repair Services increasing the Agreement amount by $50,000 to a new total amount not to exceed $286,000, and extending the term of the Agreement from December 2, 2024, to December 2, 2025, and authorizing the City Manager, or his designee, to execute the Amendment.
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Consent
18. Consider approving an Agreement with the State of California, Office of Emergency Services to temporarily house and maintain a Type 1 HazMat Emergency Response Vehicle. (Funding Source: General Fund)
Resolution approving an Agreement with the State of California, Office of Emergency Services to temporarily house and maintain a Type 1 HazMat Emergency Response Vehicle and authorizing the City Manager, or his designee, to execute the Agreement.
FIRE DEPARTMENT; Kevin Wise, 209-572-9590, [email protected] ACTION: (Bavaro/Williams; 7/0) Resolution 2024-438 approving an Agreement with the State of California, Office of Emergency Services to temporarily house and maintain a Type 1 HazMat Emergency Response Vehicle and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
19. Consider approving a Purchase Agreement with Telcion Communications Group, Turlock, CA to enhance cybersecurity infrastructure for a total amount not to exceed $240,000 over three years. (Funding Source: American Rescue Plan Act Funds and Information Technology Fund)
Resolution approving a Purchase Agreement with Telcion Communications Group, Turlock, CA, by utilizing the Competitive Bid Process through Merced County FOCUS Agreement for a 3-year Agreement, and a total amount not to exceed $240,000, over three years; and authorizing the City Manager or his designee to execute the Agreement.
IT; Dameon Booker, 209-571-5529, [email protected] ACTION: (Bavaro/Williams; 7/0) Resolution 2024-439 approving a Purchase Agreement with Telcion Communications Group, Turlock, CA, by utilizing the Competitive Bid Process through Merced County FOCUS Agreement for a 3-year Agreement, and a total amount not to exceed $240,000, over three years; and authorizing the City Manager or his designee to execute the Agreement.
Consent
20. Consider rejecting all bids for the Sonoma Sewer Trunk Phases 3 and 4a Projects. (Funding Source: Wastewater Fund)
Resolution rejecting all bids for the Sonoma Sewer Trunk Phases 3 and 4a Projects.
UTILITIES; Cristian Ciotau, 209-571-5175, [email protected] ACTION: (Bavaro/Williams; 7/0) Resolution 2024-440 rejecting all bids for the Sonoma Sewer Trunk Phases 3 and 4a Projects.
Consent
21. Consider approving an On-Call Hydraulic Wastewater System Modeling Support #3..
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Services Agreement with Carollo Engineers, Inc., of Sacramento, CA for a total amount not to exceed $300,000 over three years. (Funding Source: Various Capital Improvement Program Projects)
Resolution approving an On-Call Hydraulic Wastewater System Modeling Support Services Agreement with Carollo Engineers, Inc., of Sacramento, CA for a one-year Agreement with two one-year extension options, for an annual estimated amount of $100,000, and a total amount not to exceed $300,000 over three years and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Tim Barahona, 209-577-5485, [email protected] ACTION: (Bavaro/Williams; 7/0) Resolution 2024-441 approving an On-Call Hydraulic Wastewater System Modeling Support Services Agreement with Carollo Engineers, Inc., of Sacramento, CA for a one-year Agreement with two one-year extension options, for an annual estimated amount of $100,000, and a total amount not to exceed $300,000 over three years and authorizing the City Manager, or his designee, to execute the Agreement.
Consent
22. Consider approving an On-Call Hydraulic Water System Modeling Support Services Agreement with West Yost & Associates, Inc., of Davis, CA for a total amount not to exceed $300,000 over three years. (Funding Source: Various Capital Improvement Program Projects)
Resolution approving an On-Call Hydraulic Water System Modeling Support Services Agreement with West Yost & Associates, Inc., of Davis, CA for a oneyear Agreement with two one-year extension options, for an annual estimated amount of $100,000, and a total amount not to exceed $300,000 over three years; and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Tim Barahona, 209-577-5485, [email protected] ACTION: (Bavaro/Williams; 7/0) Resolution 2024-442 approving an On-Call Hydraulic Water System Modeling Support Services Agreement with West Yost & Associates, Inc., of Davis, CA for a one-year Agreement with two one-year extension options, for an annual estimated amount of $100,000, and a total amount not to exceed $300,000 over three years; and authorizing the City Manager, or his designee, to execute the Agreement.
COUNCIL COMMENTS & REPORTS
Councilmember Williams acknowledged and thanked Dan and Denise Costa for organizing their 40th annual Thanksgiving event at the plaza, where they provided warm meals to over 400 individuals experiencing homelessness.
Councilmember Escutia-Braaton discussed the City's Safe Streets initiative, encouraged public engagement through ModestoSafeStreets.com, and shared updates on a #3..
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redevelopment project turning the former Clarion Inn into 148 affordable housing units.
She also attended the South Modesto Business United Tree Lighting Ceremony and highlighted their upcoming Posada Navideña event, which provides gifts and groceries to local families.
Councilmember Ricci addressed the rising feral cat population in Modesto, citing halted spay and neuter programs and increased veterinary costs as contributing factors. He highlighted environmental impacts on parks and wildlife areas and announced plans to collaborate with the Feral Cat Committee and the county to find solutions, inviting public involvement.
Vice Mayor Alvarez provided updates on recent activities and upcoming events in District Two. He met with the NAACP Housing Committee to discuss potential uses for the 54- acre former Muni golf course, advocating for a mixed-use development including retail, entertainment, and workforce housing. He announced his participation as a panelist for the People's Plan report presentation on December 5th, alongside other community leaders.
Alvarez also highlighted his involvement in the South Modesto Business United tree lighting event and praised Supervisor Chance Condit for collaborating to quickly address trash and blight near the event site, despite jurisdictional challenges.
Mayor Zwahlen participated in the Ruby Bridges Walk to School Day at Aspire University Charter, honoring Ruby Bridges’ courage and reflecting on her historic experiences. She also swore in two lateral police officers in her office to accommodate the police chief’s schedule. The mayor attended a housing day event hosted by the city and county, featuring State Housing Secretary Tamika Moss and her deputy. The event included tours of the James Street Homekey project for the severely mentally ill and a pilot supportive housing program at Freewill Baptist Church. Additional engagements included the Salvation Army Kettle Kickoff and the Stanislaus County Interfaith Council Gratitude event at the Hindu Temple on Coffee Road.
CITY MANAGER COMMENTS & REPORTS
None.
HEARINGS
Published in the Modesto Bee on November 22, 2024.
23. Hearing to consider accepting the Capital Facilities Fees Annual Report for Fiscal Year 2023-24 and making findings related to each of the fee categories. (Funding Source:
Capital Facilities Fees)
Resolution accepting the Capital Facilities Fees Annual Report for Fiscal Year 2023-24 and making findings related to each of the fee categories.
CED; Edgar Garcia, 209-577-5211, [email protected] ACTION: (Bavaro/Wright; 7/0) Resolution 2024-443 accepting the Capital Facilities Fees Annual Report for Fiscal Year 2023-24 and making findings related to #3..
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each of the fee categories.
Published in the Modesto Bee on November 22, 2024.
24. Hearing to consider accepting the Fiscal Year 2023-24 Annual Report of Funds Held for Future Improvements and making findings related to each security on file. (Funding Source: Developer Deposits)
Resolution accepting the Fiscal Year 2023-24 Annual Report of Funds Held for Future Improvements and making findings related to each security on file.
CED; Edgar Garcia, 209-577-5211, [email protected] ACTION: (Williams/Wright; 7/0) Resolution 2024-444 accepting the Fiscal Year 2023-24 Annual Report of Funds Held for Future Improvements and making findings related to each security on file.
Published in the Modesto Bee on November 24, 2024.
25. Hearing to consider a Historic Property Preservation Agreement (Mills Act Contract #13) for the State Theatre at 1307 J Street (owner: State Theatre of Modesto, Inc), Modesto Landmark Preservation Site #22. (Funding Source: Applicant Funded) Resolution approving a Historic Property Preservation Agreement (Mills Act Contract #13) for the State Theatre at 1307 J Street (owner: State Theatre of Modesto, Inc), Modesto Landmark Preservation Site #22, and authorizing the City Manager or designee to execute the Agreement.
CED; Michael Hren, 209-577-5273, [email protected]
ACTION: (Ricci/Alvarez; 7/0) Resolution 2024-445 approving a Historic Property Preservation Agreement (Mills Act Contract #13) for the State Theatre at 1307 J Street (owner: State Theatre of Modesto, Inc), Modesto Landmark Preservation Site #22, and authorizing the City Manager or designee to execute the Agreement.
Recessed: 7:12 P.M.
Resumed: 7:19 P.M.
NEW BUSINESS
26. Consider approving the submission of a Grant Application for the Governor’s Office of Business and Economic Development (GO-Biz) Cannabis Equity Grants Program for Local Jurisdictions for an amount up to $250,000 without a local match requirement. (Funding Source: Not Applicable)
Resolution approving the submission of a Grant Application for the Governor’s Office of Business and Economic Development (GO-Biz) Cannabis Equity Grants Program for Local Jurisdictions for an amount up to $250,000 without a local match requirement, and authorizing the City Manager, or his Designee, to submit the application.
CED; Sean Rando, 209-577-5473, [email protected]
ACTION: (Williams/Ricci; 3/3; Noes: Bavaro, Escutia-Braaton, Wright; Recused:
Alvarez; MOTION FAILED) Resolution approving the submission of a Grant #3..
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Application for the Governor’s Office of Business and Economic Development (GOBiz) Cannabis Equity Grants Program for Local Jurisdictions for an amount up to $250,000 without a local match requirement, and authorizing the City Manager, or his Designee, to submit the application.
ACTION: (Williams/Ricci; 3/3; Noes: Bavaro, Escutia-Braaton, Wright; Recused:
Alvarez; MOTION FAILED) Motion to bring item back at next meeting.
MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
This meeting adjourned at 7:46 P.M.
Attest:____________________________
Diane Nayares-Perez, City Clerk
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
December 10, 2024
Date: December 4, 2024
TO: Mayor and Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Diane Nayares-Perez, City Clerk
SUBJECT: Appointment of Standing Committees and City Council Liaison Committees CONTACT: Diane Nayares-Perez, City Clerk, [email protected], 209-577-5396
DESCRIPTION:
Consider approving the Mayor’s appointments to the City of Modesto Standing Committees, and City Council Liaison Committees; and appointing a Vice Mayor for the 2025 calendar year. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:
This item supports the City’s Strategic Plan Commitment for Governance and Service Delivery, Goal I: Promote trust and engagement between the community and the City.
BACKGROUND:
In accordance with Section 6031 of the Charter, the City Council will consider electing one of its members, other than the Mayor, to serve as the Vice Mayor for the 2025 calendar year. The Vice Mayor is responsible for acting as the Mayor during the absence or inability of the Mayor to act.
Additionally, in accordance with Section 601(g)2 of the Charter, “the Mayor may appoint with the advice and consent of the Council, a Chairman, a Vice Chairman, one regular member and one alternate member to each standing, special, and ad hoc committee of the Council.” 1 Modesto City Charter, Section 603 – Vice Mayor:
https://librarystage.municode.com/ca/modesto/codes/code_of_ordinances?nodeId=CHTR_ARTVITHMA_ S603VIMA
2 Modesto City Charter, Section 601 – Powers and Duties of Mayor:
https://librarystage.municode.com/ca/modesto/codes/code_of_ordinances?nodeId=CHTR_ARTVITHMA_ S601PODUMA
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City Council, December 10, 2024
Appointment of Standing Committees and
City Council Liaison Committees
DISCUSSION:
In accordance with the outlined provisions of the Charter, the Mayor is recommending the following appointments to the City’s Standing and Liaison committees as set forth in the table below and Attachment 2, respectively for the 2025 calendar year. With the approval of the Council, these appointments will be made and go into effect on January 1, 2025.
The annual process of committee assignments is a critical element of public engagement and promoting a diversity of opinions in the City’s standing and liaison committees. The Mayor has restructured several of the chair and vice chair assignments of the committees and all members of the Council are afforded the ability to participate in any of the committee meetings.
In addition to the recommended appointments to the committees, the City Council must select a Vice Mayor. Mayor Zwahlen recommends Council Member Bavaro be considered and selected by the City Council as Vice Mayor to serve for the duration of the 2025 calendar year.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
COMMITTEE RECOMMENDATION
This item is not required to go before a Council Committee.
RECOMMENDED COUNCIL ACTION:
Mayor’s Recommendation:
Motion appointing Council Member Bavaro as Vice Mayor for the 2025 calendar year.
Motion approving the appointments to the Standing Committees and City Council Liaison Committees for the 2025 calendar year.
Approved by:
Joseph P. Lopez, City Manager
Attachments:
1. Attachment 1: Standing Committee Structure
2. Attachment 2: City Council Liaison Committees
Safety and
Communities
• Jeremiah
William, Chair
• Chris Ricci,
Vice Chair
• Rosa EscutiaBraaton,
Member
Economic
Development
• Eric Alvarez,
Chair
• Sue Zwahlen,
Vice Chair
• Nick Bavaro,
Member
Finance
• Rosa EscutiaBraaton, Chair
• David Wright,
Vice Chair
• Nick Bavaro,
Member
Audit
• Sue Zwahlen,
Chair
• David Wright,
Vice Chair
• Chris Ricci,
Member
• 2 Public
Members
Appointments
• Eric Alvarez,
Chair
• Rosa EscutiaBraaton, Vice
Chair
• Jeremiah
Williams,
Member
Cannabis
Permit Review
• Sue Zwahlen,
Chair
• Chris Ricci,
Vice Chair
• David Wright,
Member
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City Council, December 10, 2024
Appointment of Standing Committees and
City Council Liaison Committees
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City Council Members also serve as alternates to Council Standing Committees they are not appointed to.
City of Modesto Committee System – December 10, 2024
Chair: Jeremiah Williams
Vice-Chair: Chris Ricci
Rosa Escutia-Braaton Safety and Communities Committee
Public Safety
Recreation
Parks
Cultural Arts
Landmark Preservation
Youth
Assisted Housing
CDBG
Neighborhood Preservation
Golf
Senior Citizens
Social Services
Emergency Medical System
Emergency Preparedness
Gangs, Drugs, Graffiti
Code Enforcement
Law Enforcement
Fire Services
Non-motorized Transportation
Meets: 2nd Monday of the month
at 4:00 PM
Chair: Eric Alvarez
Vice Chair: Sue Zwahlen
Nick Bavaro Economic Development Committee
Economic Development
Land Use
Transportation
Utilities
Urban Growth
Redevelopment
Air Quality
Airport
Appointments
Railroads
Taxi & Limousine Franchises
Traffic
Transit
Downtown Master Plan
Stormwater, Wastewater & Water
Master Plans
Solid Waste
Cable Contract Enforcement
Housing – RDA, General Plan,
Citywide Policies
Meets: 1st Monday of the month
at 4:00 PM
Chair: Rosa Escutia-Braaton
Vice-Chair: David Wright
Nick Bavaro
Finance Committee
Financial Statement Audit
Budget Policy
General Purposes Revenue
Increases
Long-Term Debt
Treasury Management Policies
Personnel System
Other Cities
Schools
Information & Technology Policy
Meets: 4th Monday of the month at
4:00 PM
Chair: Sue Zwahlen
Vice Chair: David Wright
Chris Ricci
2 Public Appointees
Audit
Internal Audits
Financial Statements
*In accordance with the charter, the Audit
Committee is not considered a standing
committee. However, it will remain on this list
for historical and appointing purposes.
Meets: 4th Wednesday of January,
April, August, & October at 4:00 PM
Chair: Eric Alvarez
Vice Chair: Rosa Escutia-Braaton
Jeremiah Williams
Appointments
Review and recommend appointment
to citizen advisory groups
Meets: Quarterly in March, June,
September and December at 4 pm and
as needed.
Chair: Sue Zwahlen
Vice Chair: Chris Ricci
David Wright Cannabis Permit Review
Approve nondispensary cannabis
permits.
Meets: As needed.
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12/5/2024 1
City of Modesto
City Council Liaison Committees
December 10, 2024
BLIGHT ABATEMENT ADVISORY COMMITTEE
Member (Non-Voting): David Wright
Meets: Monthly
The Blight Abatement Advisory Committee acts as an advisory body to the City Council on policies to address blight in the community.
CITY-COUNTY AIRPORT ADVISORY COMMITTEE
Member(s): Eric Alvarez
Alternate: Jeremiah Williams
Meets: Bi-Monthly
The City of Modesto operates the Modesto City-County Airport for the benefit of all residents, business owners and visitors in and around the City of Modesto and surrounding areas. The Committee advises the City Manager and The Modesto City council on policy matters pertaining to the operation and management of the Modesto CityCounty Airport, the uses of the property adjacent to the airport if such uses may impact operations at the airport and any other matters as the City Manager may from time to time request.
CITY–COUNTY LIAISON COMMITTEE
Member(s): Rosa Escutia-Braaton
Nick Bavaro
David Wright
Joe Lopez
Jose Sanchez
Meets: Quarterly
The City–County Liaison Committee meets to discuss issues involving both agencies.
CITIZENS HOUSING AND COMMUNITY DEVELOPMENT COMMITTEE
Member(s): Chris Ricci
Eric Alvarez
Alternate: Jeremiah Williams
Meets: Monthly
The Citizens Housing and Community Development Committee provides overall review of the City’s HUD funds. The committee makes funding recommendations to the Modesto City Council regarding the HUD Community Development Block Grant, Emergency Shelter Grant, and HOME Investment Partnership Grant programs. #4..
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CITY’S REDEVELOPMENT AGENCY (RDA) / SUCCESSOR AGENCY- STANISLAUS COUNTY Member: Rosa Escutia-Braaton
Alternate: Jeremiah Williams
HOUSING REHABILITATION LOAN COMMITTEE
Member(s): Jeremiah Williams
Mayor/Council Appointment(s): Mayor or Designee
Meets: First Thursday (Monthly)
The Rehabilitation and Loan Committee develops the administrative procedures and policies for housing rehabilitation loan funds as well as the down payment assistance program, eligibility and extent of governmental and private sector commitment of funds, and makes recommendations on policy issues to the Citizens Housing and Community Development Committee.
STANISLAUS LOCAL AGENCY FORMATION COMMISSION (LAFCO)
Member(s) Turlock/Riverbank
Mayor/Council Appointments: Majority of City Selection Committee Meets: Monthly
Stanislaus LAFCO is responsible for coordinating logical and timely changes in local governmental boundaries, conducting special studies which review ways to reorganize, simplify, and streamline governmental structure and preparing Spheres of Influence for each city and special district within each county. The Commission's efforts are directed to seeing that services are provided efficiently and economically while agricultural and open-space lands are protected.
LEAGUE OF CALIFORNIA CITIES – CENTRAL VALLEY DIVISION EXECUTIVE COMMITTEE Member: Eric Alvarez
Alternate: Rosa Escutia-Braaton
Mayor Appointment: Mayor
Meets: Quarterly
MODESTO IRRIGATION DISTRICT (MID) DOMESTIC WATER POLICY BOARD Member(s): David Wright
Jeremiah Williams
Alternate: Sue Zwahlen
Mayor/Council Appointment(s): Two members of City Council Meets: Monthly
The MID Domestic Water Policy Board is the Policy Board that implements the Treatment and Delivery Agreement between MID and the City of Modesto for the Modesto Water Treatment Plant. It was originally comprised of three agencies: MID, City of Modesto, and Del Este each with two seats on the Policy Board. Since the City of Modesto bought Del #4..
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Este on 1995, the City now holds four of the six seats. The revised TDA changes the number of seats for the City of Modesto from four seats to two seats effective November 1, 2005.
NORTH VALLEY REGIONAL RECYCLED WATER JOINT POWERS AUTHORITY (JPA) Member(s): Chris Ricci
Meets: As Needed
SAN JOAQUIN VALLEY SPECIAL CITY SELECTION COMMITTEE
Member: Chris Ricci
Alternate: Eric Alvarez
Meets: As needed
On September 30, 2008 Governor Schwarzenegger signed SB 1548 (Florez) which creates Section 40600.5 of the Health and Safety Code (H&SC) establishing a valley-wide Special City Selection Committee which is charged with making appointments of city representatives to the San Joaquin Valley Air Pollution Control District’s (District’s) Governing Board. The Special City Selection Committee consists of one member selected by a majority vote of the council of each city located within the District. An alternate can be selected to attend if the primary member is unable to attend a meeting.
STANISLAUS COUNCIL OF GOVERNMENTS (STANCOG) - EXECUTIVE COMMITTEE Member: Sue Zwahlen
Alternate: Rosa Escutia-Braaton
Meets: Second Monday of the Month
The Executive Committee is one of StanCOG's Standing Committees. The Committee is responsible for appointing members to Standing Committees, and for reviewing and making recommendations on special matters.
STANISLAUS COUNCIL OF GOVERNMENTS (STANCOG) - POLICY BOARD Member(s): Sue Zwahlen
Rosa Escutia-Braaton
David Wright
Alternate: Eric Alvarez
Meets: Third Wednesday of the Month
StanCOG (Stanislaus County Council of Governments) is comprised of representatives from each city in Stanislaus County and is responsible for regional planning, transportation, and housing within the county.
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STANISLAUS COUNTY DISASTER COUNCIL
Member(s): Sue Zwahlen
Alternate: Nick Bavaro
The Disaster Council makes recommendations to local governing agencies on matters pertinent to the development of mitigation, disaster preparedness, response and recovery plans, and programs for any potential local emergency. This allows for consistent and uniform standards so that plans do not conflict with one another. Disaster Council meetings provide for communication and coordination between the public and private sectors in the County in analyzing and developing plans, projects, policies, and procedures for emergency operations.
STANISLAUS ECONOMIC DEVELOPMENT ACTION COMMITTEE
Member(s): Sue Zwahlen
Alternate: David Wright
Meets: Quarterly
The Economic Development Action Committee coordinates local participation in activities that stimulate new public and private investment, and seeks grants and local funds from the Federal Economic Development Administration.
STANISLAUS COUNTY LOCAL TASK FORCE ON SOLID WASTE MANAGEMENT Member(s): Chris Ricci
Alternate: Rosa Escutia-Braaton
Meets: Second Thursday of the Month
The Task Force serves as the advisory body for both the County and all nine incorporated cities relative to Integrated Solid Waste Management. The group assists the jurisdictions in identifying, developing, and implementing environmentally sound solid waste management policies, procedures, and programs. The Task Force assists, advises, and provides technical support relative to meeting the mandates of the California Integrated Waste Management Act of 1989.
STANISLAUS COUNTY WASTE-TO-ENERGY (SWEC) JOINT POWERS AUTHORITY (JPA) Member(s): Chris Ricci
Nick Bavaro
Alternate: Eric Alvarez
Mayor/Council Appointment(s): Two members of City Council Meets: Quarterly (or more often as needed)
The Waste to Energy Joint Powers Authority is the policy board over the City – County Waste to Energy Plant managed by Covanta. The committee meets a minimum of once a quarter throughout the year.
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STANISLAUS HOMELESS ALLIANCE (SHA)
Member: David Wright
Meets: Monthly
STANISLAUS REGIONAL TRANSIT AUTHORITY JOINT POWERS AUTHORITY (JPA) Members: David Wright
Chris Ricci
Alternate: Jeremiah Williams
Meets: Monthly
Stanislaus Regional Transit Authority (StanRTA), was formed to improve transit efficiencies and operations in the Stanislaus region. StanRTA will merge the City of Modesto MAX and the Stanislaus County StaRT transit systems into one system to better serve transit users.
TENTH STREET PLACE JOINT POWERS AUTHORITY (JPA)
Member(s): Chris Ricci
Nick Bavaro
Alternate: Rosa Escutia-Braaton
Meets: Monthly
The Tenth Street Place Joint Powers Authority is comprised of a six-member policy board overseeing the operation of Tenth Street Place.
TUOLUMNE RIVER REGIONAL PARK JOINT POWERS AUTHORITY (JPA) COMMISSION Member(s): Nick Bavaro
Eric Alvarez
Meets: Bi-Monthly
The Tuolumne River Regional Park Committee acts in an advisory capacity to City of Modesto staff in carrying out the provisions of the TRRP Park agreement. The committee also serves in an advisory capacity to the legislative bodies of the parties in the agreement.
STANISLAUS REGIONAL (SR) 911 EMERGENCY DISPATCH JOINT POWERS AUTHORITY (JPA)
COMMISSION
Member(s): Sue Zwahlen
Member: Nick Bavaro
Meets: Quarterly
Call processing and dispatch protocols are developed in conjunction with the responder agencies and adopted by our Dispatch Advisory Board (Sheriff, County Fire Warden, #4..
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Modesto Police Chief and Modesto Fire Chief). SR9-1-1 staff apply these protocols when processing information for dispatch or in providing referral information to callers. #4..
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
December 10, 2024
Date: November 1, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Scotty Douglass, Deputy City Manager
SUBJECT: Sixth Amendment to the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Dispatch Services CONTACT: Scotty Douglass, Deputy City Manager, [email protected], 209-577-9149
DESCRIPTION:
Consider approving the Sixth 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, 2025. (Funding Source: Not Applicable) STRATEGIC PLAN ELEMENT:
The recommended action supports the following 2020-2025 City of Modesto Strategic Plan Initiatives: Goal A: Improve community safety and quality of life through a combination of prevention and intervention efforts that address safety and its underlying issues.
BACKGROUND:
On March 9, 1999, by Resolution 99-101, Council approved a Joint Exercise of Powers Agreement (JPA) between the City of Modesto (City) and the County of Stanislaus (County) for shared operation of an Emergency Dispatch Center, effective September 1, 1999. This JPA was established for the purpose of operating the Stanislaus Regional 911 (SR911) dispatch center located at 3705 Oakdale Road. Furthermore, this JPA is guided by the Consolidated Emergency Dispatch Agency Commission (CEDAC), which is composed of City, County and other representatives.
On August 9, 2016, by Resolution 2016-329, Council approved a First Amendment to the JPA between the City and the County, amending the Term and Termination sections to make clear that the Agreement would continue until terminated by either Modesto or the County pursuant to Section 6 of the Agreement. Section 6.1 was amended to require that any Member can terminate the Agreement at any time by providing a written notice of intent to terminate at least twenty-four (24) months in advance of the desired termination date. #5..
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City Council, December 10, 2024
Sixth Amendment to the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Dispatch Services
On October 12, 2021, by Resolution 2021-413, Council approved providing the CEDAC and the County with written notice of its intent to terminate the JPA effective January 1, 2024, in accordance with Section 6.1 of the agreement.
On May 3, 2022, by Resolution 2022-203, Council approved a Second Amendment to the JPA amending sections related to the Commission Members, the Dispatch Advisory Board and the Technical Advisory Committee.
On December 6, 2022, by Resolution 2022-457, Council approved a Third Amendment to the JPA amending sections concerning membership and alternate members appointed to serve as staff member Commissioners on the Commission.
On December 5, 2023, by Resolution 2023-517, Council approved a Fourth Amendment to the JPA, extending the Agreement to June 30, 2024.
On June 4, 2024, by Resolution 2024-174, Council approved a Fifth Amendment to the JPA, extending the agreement to December 31, 2024, changing the membership of the Commission and thereby editing the quorum requirement, amending the Agency Member Liaison requirements and appointing the Consolidated Emergency Dispatch Agency Commissioners and an Alternate Member.
DISCUSSION:
Since delivery of the notice of intent to terminate by the City on October 27, 2021, the City and County have worked to explore alternative service delivery and governance models and continue to seek solutions to maintain or enhance public service delivery.
As the City and County continue to explore alternatives to service delivery and governance models, it is necessary to extend the agreement to December 31, 2025. To avoid disruption of critical dispatch services, and to provide sufficient time to perform necessary work as noted above, staff from both the City and the County propose extending the JPA agreement term to December 31, 2025.
FISCAL IMPACT:
The recommended action will have no fiscal impact for Fiscal Year 2024-2025, as SR911 operates under a separate budget. City and County staff will continue to collaborate on a budget for July 1 to December 31, 2025.
COMMITTEE RECOMMENDATION:
As this is an extension to the existing agreement; therefore, this item has not been presented to a Committee for consideration.
RECOMMENDED COUNCIL ACTION:
Resolution approving a Sixth Amendment to the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Dispatch Services, amending Section 5.1 extending the expiration date to December 31, 2025, and authorizing the City Manager or his designee to execute the Amendment.
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City Council, December 10, 2024
Sixth Amendment to the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Dispatch Services
Approved by:
Scotty Douglass, Deputy City Manager
Joseph P. Lopez, City Manager
Attachments:
1. Resolution – Sixth Amendment to SR911 JPA Agreement
2. SR911 Sixth Amendment to the JPA Agreement
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1 2024-12-03
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-
RESOLUTION APPROVING A SIXTH AMENDMENT TO THE JOINT
EXERCISE OF POWERS AGREEMENT BETWEEN THE CITY OF MODESTO
AND THE COUNTY OF STANISLAUS FOR EMERGENCY DISPATCH
SERVICES, AMENDING SECTION 5.1 EXTENDING THE EXPIRATION TO DECEMBER 31, 2025 AND AUTHORIZING THE CITY MANAGER, OR HIS
DESIGNEE, TO EXECUTE THE AMENDMENT
WHEREAS, on March 9, 1999, by Resolution No. 99-101, Council approved a Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Dispatch Services, creating a joint powers agency for the purpose of providing dispatch services; and
WHEREAS, on August 9, 2016, by Resolution No. 2016-329, Council approved a First Amendment to the Agreement, amending the Term and Termination sections to make clear that the Agreement would continue until terminated by either Modesto or the County pursuant to Section 6 of the Agreement. Section 6.1 was amended to require that any Member can terminate the Agreement at any time by providing a written notice of intent to terminate at least twenty-four (24) months in advance of the desired termination date; and
WHEREAS, on October 12, 2021, by Resolution 2021-413, Council approved providing the Consolidated Emergency Dispatch Agency Commission and the County with written notice of its intent to terminate the JPA effective January 1, 2024, in accordance with Section 6.1 of the agreement; and
WHEREAS, on May 3, 2022, by Resolution 2022-203, Council approved a Second Amendment to the JPA amending sections related to the Commission Members, the Dispatch Advisory Board and the Technical Advisory Committee; and #5..
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WHEREAS, on December 6, 2022, by Resolution 2022-457, Council approved a Third Amendment to the JPA amending sections concerning membership and alternate members appointed to serve as staff member Commissioners on the Commission; and WHEREAS, on December 5, 2023, by Resolution 2023-517, Council approved a Fourth Amendment to the JPA, extending the Agreement to June 30, 2024; and WHEREAS, on June 4, 2024, by Resolution 2024-174, Council approved a Fifth Amendment to the JPA, extending the agreement to December 31, 2024, changing the membership of the Commission and thereby editing the quorum requirement, amending the Agency Member Liaison requirements and appointing the Consolidated Emergency Dispatch Agency Commissioners and an Alternate Member; and WHEREAS, it is necessary to extend the Joint Exercise of Powers Agreement to provide additional time for both parties to determine the next steps in the delivery of emergency dispatch services.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Sixth Amendment to the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Dispatch Services, attached hereto as Exhibit A, extending the term of the Agreement to December 31, 2025.
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 10th day of December, 2024, by Councilmember ?, who moved #5..
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its adoption, which motion being duly seconded by Councilmember ?, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: _____________________________________
DIANE NAYARES-PEREZ, CMC, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ____________________________________
JOSE M. SANCHEZ, City Attorney
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1 SIXTH AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT
BETWEEN THE CITY OF MODESTO AND THE COUNTY OF STANISLAUS
FOR EMERGENCY DISPATCH SERVICES
This Sixth Amendment to the Joint Exercise of Powers Agreement (“Sixth Amendment”) is made by and between the City of Modesto (“Modesto”), a charter city and municipal corporation in the State of California, and the County of Stanislaus (“County”), a political subdivision of the State of California as of ___________________, 2024.
RECITALS
WHEREAS, on September 1, 1999, Modesto and the County entered into the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Dispatch Services (“Agreement”), creating a joint powers agency for the purpose of providing dispatch services; and
WHEREAS, on August 23, 2016, Modesto and the County entered into the First Amendment to the Agreement; and
WHEREAS, in October 2021, Modesto provided written notice of its intent to terminate the Agreement, effective January 1, 2024; and
WHEREAS, on May 3, 2022, Modesto and the County entered into the Second Amendment to the Agreement; and
WHEREAS, on December 6, 2022, Modesto and the County entered into the Third Amendment to the Agreement; and
WHEREAS, on December 8, 2023, Modesto and the County entered into the Fourth Amendment to the Agreement, extending the term of the Agreement to terminate on June 30, 2024; and
WHEREAS, on June 4, 2024, Modesto and the County entered into the Fifth Amendment extending the term of the Agreement to December 31, 2024, making changes to the governing body structure of the Commission and designating Agency Member Liaisons to assist the Dispatch Director; and
WHEREAS, Modesto and the County agree to amend the Agreement for a sixth time to extend the term of the Agreement to terminate on December 31, 2025.
NOW, THEREFORE, Modesto and the County hereby agree as follows:
AGREEMENT
1. Section 5, “Term,” of the Agreement is hereby amended as follows:
“5. Term.
5.1 This Agreement shall become effective as of September 1, 1999, and shall continue in full force and effect until December 31, 2024 December 31, 2025 (“Termination Date”), unless Modesto and the County mutually agree to extend the Agreement.
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2 5.2 Modesto and the County shall work in good faith to make appropriate arrangements to independently or jointly provide Emergency Dispatch Services on or before the Termination Date.
5.3 Modesto and the County shall work in good faith to ensure that all indebtedness, claims, and liabilities incurred by the Agency are fully and completely satisfied on or before the Termination Date.
5.4 All property owned by the Agency shall be distributed equally to Modesto and the County, unless otherwise approved by the Members on or before the Termination Date.”
2. All other terms and conditions in the Agreement shall remain in full force and effect to the extent they are not in conflict with this Sixth Amendment.
3. The signatures of Modesto and the County to this Sixth Amendment may be executed and acknowledged on separate pages or in counterparts, which, when attached to this Sixth Amendment, shall constitute one complete Sixth Amendment.
IN WITNESS WHEREOF, Modesto and the County have executed this Sixth Amendment on the day and year first above written.
CITY OF MODESTO COUNTY OF STANISLAUS
_____________________________ _____________________________ Joseph P. Lopez, City Manager Jody Hayes, Chief Executive Officer Date:_________________________ Date:_________________________ Approved as to Form: Approved as to Form:
_____________________________ _____________________________ Jose M. Sanchez, City Attorney Thomas E. Boze, County Counsel Date:_________________________ Date:_________________________ #5..
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
December 10, 2024
Date: December 4, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: First Amendment to the Agreement with Seer World, Inc. for Urban Planning and Project Management Support
CONTACT: Sean M. Rando, Business Analyst,
[email protected], 209-577-5473
DESCRIPTION:
Consider approving a First Amendment to the Professional Services Agreement with Seer World, Inc, Roswell, Georgia for urban planning and project management support increasing the Agreement by an amount not to exceed $815,348. (Funding Source: General Fund) STRATEGIC PLAN ELEMENT:
The recommended action supports the City’s 2020-2025 Strategic Plan, Goal G: Make Downtown a Destination, Strategy 1: Create a downtown economic development strategy (including infill housing, mixed-use development, business retention and attraction, and placemaking).
BACKGROUND:
Throughout the last three (3) years, the City of Modesto has worked diligently alongside public and private partners to create the Downtown Master Plan, Stanislaus 2030 Blueprint, and the Modesto Renewal & Diversification Project (River District Study). Through the preparation of these studies and planning documents, staff and consultants have engaged hundreds of residents, business owners, faith-based organizations, and nonprofits. This engagement has yielded a broad consensus across stakeholder groups regarding community challenges, strengths, and high-leverage opportunities to achieve a more vibrant community and regional economy.
The City intends to leverage the results from these prior studies to help inform the implementation of these plans. To further this goal on March 14, 2023, by Resolution No. 2023- 100, Council approved the award of proposal and professional services agreement to Seer World, Inc for urban planning and project management support for an amount not to exceed $650,400.
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City Council, December 10, 2024
First Amendment to the Agreement with Seer World, Inc. for Urban Planning and Project Management Support
The overall scope of the original agreement focused on the following tasks which were completed by Seer World:
1. Completion of a general audience review: a comprehensive assessment was created to provide valuable insights into Modesto’s overall population, ensuring that the City's development initiatives are well aligned with community expectations and priorities.
2. Program development: several studies and analyses were completed for the City’s review and implementation for future initiatives. This included concept studies, site yield analysis, and conceptual site plans.
3. Redevelopment plan development: a comprehensive redevelopment narrative was crafted which provides a cohesive vision for Modesto's future growth and offers a compelling story that supports Modesto's long-term transformation.
4. Redevelopment plan implementation: A comprehensive implementation guide was provided that includes all completed work under the current Seer Agreement. This catalog features all renderings, studies, plans and recommendations for future developments and long-term operations to ensure the sustained success.
Seer World has worked with the City on several high impact projects in the City of Modesto including lease negotiations with the Modesto Nuts, negotiations related to CentrePlaza, as well as initiating the first steps towards bringing a United Soccer League team to the City of Modesto. Project accomplishments to date include:
On December 12, 2023, by Resolution No. 2023-543, Council approved a First Amendment extending the catering and concessionaire agreement between the City and Modesto Hospitality, LLC (DoubleTree) for continued catering services to be provided to the CentrePlaza.
On August 27, 2024, by Resolution No. 2024-308, Council approved a First Amendment to the Lease Agreement with The Baseball Club of Modesto, LLC (Modesto Nuts) to lease John Thurman Field through September 30, 2025. The new annual lease amount of $600,000 was directly attributable to Seer’s negotiation with the Modesto Nuts resulting in terms that positively affected the General Fund as well as maintain the Modesto Nuts presence in the City for at least one more baseball season. On September 10, 2024, by Resolution No. 2024-333, Council approved a letter of intent (LOI) between the United Soccer Leagues, LLC (USL) and the City of Modesto which established an exclusive negotiating period to explore.
DISCUSSION:
The City is continuing its work implementing the Downtown Master Plan, Stanislaus 2030 Blueprint, and the Modesto Renewal & Diversification Project. A crucial component of this urban planning project will be the retention of Seer while simultaneously adjusting the terms of the agreement to bring ongoing projects to completion. Planning projects that are currently in process in partnership with Seer include:
Expansion of the United Soccer League into the City of Modesto. Exploration of a return of commercial air service to the Modesto Municipal Airport. Ongoing lease negotiations for the continued use of John Thurman Field by the Modesto Nuts organization.
Determination of the future use of the Modesto CentrePlaza. #6..
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City Council, December 10, 2024
First Amendment to the Agreement with Seer World, Inc. for Urban Planning and Project Management Support
The highest cost and most time sensitive ongoing project are the ongoing negotiations with the United Soccer League. The LOI describes the process that the City and USL agree to undertake to explore and analyze, in good faith, the possible establishment of professional soccer to be played in a multi-purpose stadium to be constructed and operated in Modesto. The details surrounding the stadium, including location and funding are still to be determined. The LOI has an exclusive negotiating period that lasts from the execution of the LOI through September 10, 2025, with options available for extensions of this negotiating period. Moving forward with a First Amendment to the Seer Agreement will prevent any potential delays in the completion of transformative projects currently in process for the City of Modesto, and Seer’s particular sports related experience will be key to the success of the USL project.
Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(f) where the Purchasing Manager, in his or her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar goods or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services.
FISCAL IMPACT:
Seer World was previously contracted to provide urban planning services with an initial cost of $650,400 which was budgeted through an allocation of American Rescue Plan Act (ARPA) funding for downtown development in project number 101407. The total cost of the proposed First Amendment will be for an amount not to exceed $815,348 which will be funded through current year unassigned General Fund balance. As part of the item, a budget adjustment is being requested to establish a new project budget for the amendment. The First Amendment will bring the total cumulative contract cost for urban planning and project management support with Seer World to $1,465,748. A detailed breakdown of the contract cost and estimated allocations to scope of work tasks is included below, and Seer World will only be compensated for services rendered based on the scope of work established by the First Amendment.
Scope Task Amount
Ongoing United Soccer
League negotiation
$ 337,500
Commercial air service
analysis
117,000
John Thurman Field lease
negotiations
118,125
Centre Plaza planning 129,600
Travel Costs 39,000
Subtotal 741,225
10% Contingency 74,123
Total First Amendment
Amount
815,348
Original Agreement 650,400
Cumulative contract
amount
$1,465,748
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City Council, December 10, 2024
First Amendment to the Agreement with Seer World, Inc. for Urban Planning and Project Management Support
COMMITTEE RECOMMENDATION:
Due to urgent nature of the action needed this item was taken directly to Council RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the First Amendment to the Professional Services Agreement with Seer World, Inc, Roswell, Georgia for urban planning and project management support increasing the Agreement by an amount not to exceed $815,348 to a new total amount of $1,465,748, and authorizing the City Manager, or his designee, to finalize and execute the First Amendment.
Resolution amending the fiscal year 2024-2025 multi-year fund budget to establish the transfer out from unassigned General Fund balance to the Urban Planning and Redevelopment Project– 101638 in the amount of $815,348 and budgeting the necessary transfers and project discretionary budget and authorizing the City Manager or his designee to take the necessary steps to implement the provisions in this resolution.
Approved by:
Jessica Hill,
Director of Community and Economic Development
Joseph P. Lopez, City Manager
Attachments:
1. Resolution-First Amendment
2. Resolution-Budget Adjustment
3. Original Agreement with Seer World
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12/10/2024/CED/Srando/Item # 1 2024-xxx
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX
RESOLUTION APPROVING THE FIRST AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT WITH SEER WORLD, INC,
ROSWELL, GEORGIA FOR URBAN PLANNING AND PROJECT
MANAGEMENT SUPPORT INCREASING THE AGREEMENT BY AN
AMOUNT NOT TO EXCEED $815,348 TO A NEW TOTAL AMOUNT OF
$1,465,748, AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE,
TO FINALIZE AND EXECUTE THE FIRST AMENDMENT
WHEREAS, the City of Modesto has worked diligently alongside public and private partners to create the Downtown Master Plan, Stanislaus 2030 Blueprint, and the Modesto Renewal & Diversification Project (River District Study); and WHEREAS, through the preparation of these studies and planning documents, staff and consultants have engaged hundreds of residents, business owners, faith-based organizations, and nonprofits; and
WHEREAS, this engagement has yielded a broad consensus across stakeholder groups regarding community challenges, strengths, and high-leverage opportunities to achieve a more vibrant community and regional economy; and WHEREAS, the City intends to leverage the results from these prior studies to help inform the implementation of these plans; and
WHEREAS, on March 14, 2023, by Resolution No. 2023-100, Council approved the award of proposal and professional services agreement to Seer World, Inc for urban planning and project management support for a total amount not to exceed $650,400; and #6..
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12/10/2024/CED/Srando/Item # 2 2024-xxx
WHEREAS, Seer World has worked with the City on several high impact projects in the City of Modesto including lease negotiations with the Modesto Nuts, negotiations related to the CentrePlaza, as well as initiating the first steps towards bringing a United Soccer League team to the City of Modesto; and
WHEREAS, the City wishes to continue its partnership with Seer World in order to complete the high impact projects that are currently in process for the future redevelopment in the City of Modesto; and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(f) where the Purchasing Manager, in his or her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar goods or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the First Amendment to the Professional Services Agreement with Seer World, Inc, Roswell, Georgia for urban planning and project management support increasing the Agreement by an amount not to exceed $815,348 to a new total amount of $1,465,748.
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12/10/2024/CED/Srando/Item # 3 2024-xxx
BE IT FURTHER RESOLVED that the First Amendment of the Professional Services Agreement will cover the following tasks:
• Ongoing United Soccer League Negotiations
• Commercial Air Service Analysis
• John Thurman Field Lease Negotiations
• Centre Plaza Planning
• Travel Costs
• 10% Contingency
*Consultant will only be compensated for services rendered BE IT FURTHER RESOLVED that the City Manager, or his Designee, is authorized to finalize and execute the First Amendment in a form approved by the City Attorney.
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12/10/2024/CED/Srando/Item # 4 2024-xxx
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 10th day of December, 2024, by Councilmember _____, who moved its adoption, which motion being duly seconded by Councilmember ______, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: _____________________________
DIANE NAYARES-PEREZ, CMC
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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12/10/2024/CED/Srando/Item # 1 2024-xxx
MODESTO CITY COUNCIL
RESOLUTION NO. 2024-XX
RESOLUTION AMENDING THE FISCAL YEAR 2024-2025 MULTI-YEAR
FUND BUDGET TO ESTABLISH THE TRANSFER OUT FROM UNASSIGNED
GENERAL FUND BALANCE TO THE URBAN PLANNING AND
REDEVELOPMENT PROJECT- 101638 IN THE AMOUNT OF $815,348 AND
BUDGETING THE NECESSARY TRANSFERS AND PROJECT
DISCRETIONARY BUDGET AND AUTHORIZING THE CITY MANAGER OR
HIS DESIGNEE TO TAKE THE NECESSARY STEPS TO IMPLEMENT THE
PROVISIONS IN THIS RESOLUTION
WHEREAS, the City of Modesto has worked diligently alongside public and private partners to create the Downtown Master Plan, Stanislaus 2030 Blueprint, and the Modesto Renewal & Diversification Project (River District Study); and WHEREAS, through the preparation of these studies and planning documents, staff and consultants have engaged hundreds of residents, business owners, faith-based organizations, and nonprofits; and
WHEREAS, this engagement has yielded a broad consensus across stakeholder groups regarding community challenges, strengths, and high-leverage opportunities to achieve a more vibrant community and regional economy; and WHEREAS, the City intends to leverage the results from these prior studies to help inform the implementation of these plans; and
WHEREAS, a First Amendment to the Professional Services Agreement with Seer World Inc, Roswell, Georgia for urban planning and project management is being requested in the amount of $815,348; and
WHEREAS, the Amendment will be funded in unassigned General Fund balance for the current fiscal year; and
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12/10/2024/CED/Srando/Item # 2 2024-xxx
WHEREAS, the fiscal year 2024-2025 Multi-Year project budget must be amended to establish the transfer out from General Fund in the amount of $815,348 to the Urban Planning and Redevelopment Project–101638 and increase the project discretionary budget.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it amends the fiscal year 2024-2025 multi-year fund budget to establish the transfer out from unassigned General Fund balance to the Urban Planning and Redevelopment Project–101638 in the amount of $815,348 and budgeting the necessary transfer and project discretionary budget.
BE IT FURTHER RESOLVED that the City Manager, or his Designee, is authorized to take necessary steps to implement the provisions in this resolution. #6..
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12/10/2024/CED/Srando/Item # 3 2024-xxx
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 10th day of December, 2024, by Councilmember _____, who moved its adoption, which motion being duly seconded by Councilmember ______, was upon roll call carried and the resolution adopted by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: _____________________________
DIANE NAYARES-PEREZ, CMC
City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: ________________________________
JOSE M. SANCHEZ, City Attorney
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AGREEMENT TRANSMITTAL SHEET
Subject of Agreement:
Vendor Name: Division:
Contact Person: Extension:
Attorney Reviewer Name:
The attached agreement is the final agreement approved by Council on and pulled from Unity for routing via DocuSign.
The attached agreement is the final version approved through the under $50,000 Unity Workflow review and pulled from Unity for routing via DocuSign.
PINS Approval Business License
Council Agenda Report 700 Form (for Consultants)
Signed or Unsigned Resolution W-9
Council Meeting Minutes (Only if unsigned
Resolution is provided)
DocuSign Envelope ID: AA283F80-4DEE-484F-B039-D54D30FC13A1 X
X
X
15101
March 14, 2023
X
Seer World Inc.
X X
X
Community
Development
Edgar Garcia
Professional Services Agreement to Seer World for Urban Planning and Project Management Support
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1 STANDARD CONSULTANT AGREEMENT
WITH SEER WORLD, INC. FOR URBAN PLANNING
AND PROJECT MANAGEMENT SUPPORT
STANDARD AGREEMENT
FOR CONSULTANT SERVICES
DocuSign Envelope ID: AA283F80-4DEE-484F-B039-D54D30FC13A1 #6..
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2 THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this day of , 2023, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and Seer World, LLC., hereinafter referred to as "Consultant".
This Agreement is made with regard to the following recitals:
A. The City has determined that consultant support is required to support the City with urban planning and project management support.
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 scope of work as set forth and described in the documents attached hereto and referred to as Exhibit "A" or "Project".
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 performed by Consultant, unless terminated earlier in accordance with the provisions of the termination clause in this Agreement.
City hereby gives Consultant notice to proceed with the preparation of the Project, as of the Effective Date of this agreement. Consultant shall diligently proceed with the completition of the Project within the time period set forth in Exhibit "A".
3. COMPENSATION.
Consultant agrees to accept a sum not to exceed Five Hundred Forty Two Thousand Dollars ($542,000) as full remuneration for performing all services and furnishing all staffing and materials for Modesto in accordance with Exhibit "A".
DocuSign Envelope ID: AA283F80-4DEE-484F-B039-D54D30FC13A1 March 14
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3 City shall pay Consultant on a time and materials basis for Consultant’s actual costs for all work called for in Exhibit “A” to this Agreement. All work to be performed under this Agreement shall be billed at the hourly rates set forth in Exhibit “A” attached hereto. Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any reimbursable expenses paid by Consultant and identified in Exhibit “A” or approvd by the City in writing.
Additional services may be authorized by the City Manager in an amount up to, but not to exceed twenty percent (20%) of the agreed maximum compensation, or One Hundred Eight Thousand Four Hundred Dollars ($108,400). In the event that additional services are deemed necessary, the Consultant shall provide a written request to the City Manager indicating the reason for additional work, scope and cost of such work. The City Manager shall provide a written response to the request, either approving or denying the additional expenditure. If additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit “A” and may not exceed the amount requested and approved in writing by the City Manager.
In that event, the new total compensation shall not exceed Six Hundred Fifty Thousand Four Hundred Dollars ($650,400). If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required.
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 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.
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4 Consultant has represented to City that Peter Sorckoff 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.
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 this contract without the express prior written consent of City.
Title to Data
If, as a part of the 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 the contract. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use.
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 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 efforts under this Agreement, without first obtaining review and approval of said news releases from the City Manager.
8. CONFLICT OF INTERST.
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5 Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would create a “conflict of interest”, as that term is defined in the Political Reform Act (Gov. Code § 81000 et seq), for the Consultant in the peformance of this Agreement. . Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest. Consultant understands that, if this Agreement is made in violation of Government Code § 1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed. Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this contract if so required at the option of City.
9. AMENDMENTS.
This Agreement, including the Exhibits attached hereto, may be amended only by a writing signed by both Parties.City will not be responsible to pay any charges Consultant may incur in performing services not identified in Exhibit ‘A’ unless first authorized by the City in writing
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. Except as City may specify in writing, Consultant 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. 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 and control the method, details and means of performing the 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 DocuSign Envelope ID: AA283F80-4DEE-484F-B039-D54D30FC13A1 #6..
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6 Consultant in fulfillment of 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 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.
11. ASSIGNMENT.
Neither this Agreement nor any portion thereof shall be subcontracted or assigned, other than noted in Exhibi ‘A’, without the express prior written consent of the City in each and every instance.
12. PATENT/COPYRIGHT MATERIALS.
Unless otherwise expressly provided in the contract, 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.
Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon delivery provided that such are delivered in accordance with the provisions of this Section.
Notices shall be delivered either by: (a) personal delivery; (b) overnight courier service which obtains confirmation of delivery; or (c) certified pail, return receipt requested, if delviery is confirmed by a return reciept; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and DocuSign Envelope ID: AA283F80-4DEE-484F-B039-D54D30FC13A1 #6..
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7 received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:
FOR CONSULTANT: Name: Peter Sorckoff
Address: 74 Woodstock Rd. Roswell, Georgia 30075
Attention: Peter Sorckoff
Phone: (470) 403-4007
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Jessica Hill
Phone: (209) 577-5321
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.
In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided 30 days notice of the cancellation on the policies of insurance required hereunder (10 days notice if the policies are cancelled for nonpayment of premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within 5 business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, DocuSign Envelope ID: AA283F80-4DEE-484F-B039-D54D30FC13A1 #6..
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8 affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled.
(a) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (b) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent 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, employees, and volunteers shall be named as an additional insured on all insurance policies DocuSign Envelope ID: AA283F80-4DEE-484F-B039-D54D30FC13A1 #6..
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9 required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, employees, and volunteers for losses arising from work performed by 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 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 CITY’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 project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it.
15. TERMINATION OF AGREEMENT.
Termination for Default
In the event either party fails to perform under this AGREEMENT or breaches any condition contained herein, the other party shall notify in writing the breaching party of the non-performance.
Within 10 days after receipt of notification, the breaching party shall correct any non-performance to the reasonable satisfaction of the non-breaching party, or such other time as may be identified in the notice. Failure to correct any non-performance shall allow the non-breaching party to terminate this AGREEMENT for cause.
Termination by City for Convenience
DocuSign Envelope ID: AA283F80-4DEE-484F-B039-D54D30FC13A1 #6..
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10 City may cancel this Agreement at any time, with or without cause, upon written notification to Consultant.
Post-Termination Procedure
Upon receipt of a written notice of termination, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination; b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated;
c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates,summaries and such other information and material as mayhave been accumulated by the Consultant in performing the Work whether completed or in process;
e. Settle outstanding liabilities and claims, subject to the approval of City; f. Complete performance of such part of the Project as has not been terminated; g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Project and/or property related to the Project;
h. 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 DocuSign Envelope ID: AA283F80-4DEE-484F-B039-D54D30FC13A1 #6..
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11 work on the project.
i. The 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 unacceptable and/or not useful to City as of the termination date.
City will pay Consultant for work actually completed prior to the receipt of the termination notice or otherwise completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under the Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials; b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.
16. 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 paragraph is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.
DocuSign Envelope ID: AA283F80-4DEE-484F-B039-D54D30FC13A1 #6..
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12 In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
17. DISPUTE RESOLUTION.
Venue for 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 in the Superior Court of Stanislaus County or the United States District Court for the Eastern District of California.
18. ATTORNEYS’ FEES.
If a party to this AGREEMENT brings any action, including an action for declaratory relief, to enforce or interpret the provision of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
19. ENTIRE AGREEMENT.
This Agreement and its exhibits contain the entire understanding between Consultant and City. 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. .
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.
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13 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.
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.
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14 IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2023- , adopted by the Council of the City of Modesto on the day of , 2023, and Seer World has caused this agreement to be duly executed in duplicate as of the effective date.
DocuSign Envelope ID: AA283F80-4DEE-484F-B039-D54D30FC13A1 100 14th March
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CITY OF MODESTO,
a municipal corporation
BY: ____________________________
JOSEPH P. LOPEZ, City Manager
ATTEST:
(Seal)
BY: ____________________________
DIANE NAYARES-PEREZ, CMC,
City Clerk
________________________________
BY: ____________________________
By _____________________________
Name Title
BY: ____________________________
By _____________________________
Name Title
APPROVED AS TO FORM:
BY: ____________________________
JOSE M. SANCHEZ, City Attorney
APPROVED AS TO FORM:
BY: ____________________________
JOE F. RODRIGUEZ, Risk Manager
Federal ID # ___________
DocuSign Envelope ID: AA283F80-4DEE-484F-B039-D54D30FC13A1 Seer World Inc.
Peter Sorckoff
834642090
CEO
3/31/2023
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Request for Proposal
The City of Modesto Urban Planning & Project Management Support
EXHIBIT A
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Summary
Seer is a strategic consultancy practice with full-service agency capabilities based in Roswell, GA and Calgary, Alberta, Canada. Seer’s simple mission is to help rebuild trust in a society that is increasingly polarized and to harness the power of fandom to create value beyond mere transactions.
Sports is where Seer first witnessed the universal power of fandom and its ability to unite people.
It's the space that sparked Seer’s curiosity to better understand and define that power and to imagine how it could transform other sectors, communities and whole cities.
Seer is uniquely positioned to work closely with organizations to navigate complex, interdisciplinary plans by serving as an agnostic experiential masterplanner, strategist, project lead or program manager. Seer’s experience spans multiple countries, cities, industries, sports, leagues and venue types. We understand the impact of a well integrated project and what’s required to find alignment across the full spectrum of an organization, community or municipality.
To do this Seer relies on foundational processes that bring focus to the communities core needs.
Seer has developed an extensive network of researchers, land-use planners, urban designers, market analysts, transportation experts, architectural design and development firms, including relationships with leaders at the helm of the newest advances and trends in architectural and experiential technologies, construction processes, and materials.
Our team is constantly reviewing the marketplace for better ways to serve our Clients from concept to completion, with the ultimate goal of building vibrant, sustainable and equitable communities.
In our experience, organizations and communities possess more and are much better than they feel and believe. Trapped in the tyranny of the urgent, they often lose clarity and perspective about the value they offer. Seer’s enterprise-level strategy process enables organizations and communities to see themselves anew, connect disparate infrastructure, unearth nascent strengths, and restructure what already exists into new positioning, new products, and opportunities for citizens, business partners and the municipality at large.
In the age of social atomization, uncertainty is driving people to seek new relationships as trust erodes. Seer’s methodology allows organizations to anticipate behavior, shape opinion and create connections that will endure. By building trust, Seer can also help establish a new narrative for the city of Modesto, develop reciprocal partnership opportunities and cement the city's vision as an actionable plan for the community at large.
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Our Team
Peter Sorckoff - Chief Executive Officer
Peter Sorckoff is recognized across North America for his innovative approach to strategy. He has over 25 years of international experience in major sporting events and franchises, from the Olympics to MLB, NHL, NBA, PHF, WHL as well as the Australian National Rugby League (NRL) and the Canadian Football League (CFL).
Peter’s last post on the property side was as CCO, EVP Brand and Innovation. There, he led an internal consultancy at the Atlanta Hawks and State Farm Arena that utilized emerging technology to deploy digital social anthropological methodologies to rebrand and reposition the franchise, which in turn helped to establish new revenue benchmarks. Peter was also the Design Director for a $200M renovation of State Farm Arena as well as the Emory Courts Practice Facility..
With Seer, Peter’s aperture has widened to include projects that range from facilities master planning and the rebuild of the Atlanta Braves revenue strategy to rethinking enterprise-wide strategy for the Cincinnati international airport. The future of advanced mobility, data as a service, clean and resilient energy infrastructure and of course sports, are all areas of interest for Peter today.
Dave Imbach - Chief Creative Officer
Dave was director of Broadcast and Entertainment at the Calgary Flames from 1998 to 2005. In 2005, he founded a strategy and design studio with partner Geoff Summach. Dave leads the Seer Studio focusing on creative and digital projects across the firm. Dave is a cinematographer, photographer and director in his own right.
Dave created the strategic framework and led the team who created the multimedia, B2C and B2B campaign ‘Insurance is Evolving’ for Intact Insurance. This campaign ran for four years, achieving the Client’s objectives at every critical review. Most recently, Dave led the team responsible for producing an augmented reality (AR) app for Intact’s broker roadshow.
Dave has also managed the BP A+ for Energy multimedia educational outreach program for BP Canada for 9 years.
Dave led creative output on Seer’s architectural projects with Burns & McDonnell, the Atlanta Braves, Endeavour Energy, Willow (Digital Twins), AT&T Smart Cities Group as well as Cincinnati International Airports.
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Geoff Summach - Chief Revenue Officer
Geoff is Seer’s CRO, responsible for revenue generation across new and existing Clients, influencing the future growth of the business and refining operations to deliver account service excellence. Geoff also heads up marketing and communications, as well as strategic partnerships for the firm.
Geoff’s unique experience as a coalition builder allows him to offer strategic insights anchored in measurable business imperatives. Geoff is the ultimate ‘trust manager’ ensuring the Client’s voice is always heard, that healthy relationships grow with each project, and that Seer is continuously evolving and improving its service delivery.
Iain Ferguson - Creative Director
As a creative director since 1991, Iain Ferguson has been involved at a senior level in strategic planning for real estate in the UK and North America. He has extensive experience in UK heritage real estate development and placemaking, and created marketing fundraising for the acquisition and development of visitor properties for the National Trust for Scotland for 12 years, including the Robert Burns Birthplace Museum in Ayrshire and Newhailes House near Edinburgh. He has a long-standing interest in the work of 18th and 19th century architectural pioneers of the classical revival, notably the Adam brothers and Alexander ‘Greek’ Thomson.
In the hospitality sector, Iain led new product development for Abercrombie & Kent/Intrawest’s shared ownership product trials. He was the lead writer and place-making storyteller for Pacific Beachcomber’s Brando Eco-resort, Tetiaroa, French Polynesia. Iain was a consultant on the revised Relais & Chateau brand story for North America and he originated the Radical Hospitality brand story for Eagle Golf Management Services of Dallas, Texas.
In Metro Vancouver, Canada, Iain was a lead creative consultant on multi-year, pre-sales strategies for major master planning residential and hotel developments, including the downtown Trump International Vancouver, Station Square, and River Green 2 & 3. Iain has led creative strategy on suburban multi-family developments in Burnaby and Surrey in Metro Vancouver, as well as rental towers and master planning low-rise communities in Calgary, Alberta.
Jim Garfield - Account Lead
Jim Garfield is a marketing executive and former WHAM Network Chief Operations Officer from Los Angeles, California. Jim’s professional career began in Adventure Racing as Red Bull’s first American athlete, captaining winning teams throughout his career. Upon his retirement as a competitive athlete, Jim continued to follow his passion for sports and healthy lifestyle by creating JLG Management, representing professional athletes, brands and entertainment projects in the sports, active and healthy lifestyle marketplace. He was recognized by the State of California and DocuSign Envelope ID: AA283F80-4DEE-484F-B039-D54D30FC13A1 #6..
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given the California Legislative Sports Award for excellence and leadership in the Woman’s Sports and the Fitness Industry in the effort to fulfill the goals of Title IX.
Outside of the sports and wellness sector, Jim's work in master planning and community development was recognized by Bulldog Media with a Gold Medal for Excellence in Company Positioning/Branding for his work with CENTEX Homes.
John Picard - Executive in Residence: Focus Architecture & Technology.
John is a futurist and innovation catalyst who will change the way you think about sustainability and convergence for climate — transforming duty into opportunity, liability into a new asset class.
John has a passion for the future — he wants all of us to meet him there as soon as possible.
He’s literally been living in the future since he built his first super-smart eco-home in California.
Since then, he’s been designing for the future we all want to live in, from the City Center Hotel Las Vegas to Atlantic Station in ATL, via Grand Wailea in Maui, and even the White House.
John is forging tomorrow in Silicon Valley, coding architecture that is sensate, adaptive, regenerative, cost-effective and healthy. With John, everything converges on the future: people, places, spaces, software, hardware and Mother Earth in all her glory. John is weaving a new story of the Internet of Climate Change, a protective web of data around the world that will solve for the planet — and humanity.
Kirk Shaffer - Executive in Residence: Focus Aviation & Aviation Driven Economic Development.
Kirk is a leader with a 35-year record of success providing strategic vision and counsel as an entrepreneurial airport executive, advocate, and regulator. “Go to” business adviser to the world’s largest airline, rental car company, aviation trade association, helicopter trade association, defense contractor, airport retail concessionaire, private hospital operator, and airports nationwide, from large hubs to designated relievers. Expert at establishing and exceeding business performance goals and objectives (profit, nonprofit, and governmental), building highly effective and collaborative teams, providing substantive advice on technical and policy issues, and inspiring people in highly performing organizations.
Two-time Presidential appointee at the Federal Aviation Administration (FAA), managing the systematic and political issues driving domestic and international civil aviation as they relate to airports. Recognized for innovative and adaptive leadership of national organizations to surpass goals and expectations. Plain- spoken, engaging, authoritative communicator. Well-known for identifying and promoting diverse human talent. Expert at identifying strategic issues, formulating policies to address them, and building consensus amongst aviation stakeholders with competing priorities to successfully implement industry change. Broadly experienced with Congressional testimony and effectively interacting with other senior executives, elected officials, and the media.
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Kyia Young - Senior Manager, Content & Digital Strategy Kyia is Seer’s Senior Manager of Content & Digital Strategy. With a background in sports, entertainment management and marketing, she utilizes the tools and expertise gained at the University of Louisiana at Lafayette, Clark Atlanta University, and Louisiana State University.
Kyia is focused on managing the integration and implementation of Clients' strategic narratives through content and editorial calendars, channel planning, publishing, tracking and generalized digital audience development.
Jackie Cruz - Marketing Assistant
Jackie is Seer’s Marketing Assistant and Content Administrator, providing support to both the Seer staff and Clients. Jackie’s curious mind makes her a voracious learner as a third-year student at Georgia State University, majoring in Marketing with a Digital Marketing concentration.
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Element 1: Redevelopment Planning and Implementation Support Phase 1 - Community Engagement and Priority Gathering
Seer Discovery
The Seer discovery process focuses on gathering qualitative data and insight in the context of existing quantitative data. Seer will begin with a request for documents from the Client. The initiation of this general literature review will include any reports, research, planning or other documents deemed relevant to the creation of the Clients Element 1 desired plan.
Seer will simultaneously work with the Client to develop a ‘key constituents map’ that identifies a listing of influential individuals and entities relevant to co-development of the future master strategy. A variety of research methodologies may be implemented. Seer will lead the development and activation of that research plan with the Client. Seer will also represent the Client (where approved) to source and negotiate third party vendors or consultants to execute specialized functions of the research plan. These Client approved initiatives will be identified as pass through costs and may be billed directly to the Client or to the Client through Seer at the Clients request.
With a complete literature review and key constituent map in hand, Seer will initiate a series of forty (40), 360° interviews with internal and external perspectives. These one hour interviews are facilitated and recorded (transcripts provided to the Client at request) by Seer with the intention of identifying recurring patterns and understanding the needs and catalytic capabilities of the current state of the community, available or identified land and the future or aspirational state and its impact on economic development, housing and the overall satisfaction of Modesto residents.
The discovery process may also utilize a series of focus groups, intercept or digital surveys as well as digital ethnographic research concentrated on studying online conversation to understand the underlying patterns and attitudes of residents. The culmination of this research and assessment will be presented in an Emergent Findings report and will be presented to elected officials, city staff and residents as the Client deems fit. Following any discussion and debate, a finalized version of the Emergent Findings report will also act as the foundations for the creation of a ‘Why Modesto’ narrative related to attracting the development community and capital markets for investment.
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ELEMENT 1: Process Details
Key Constituent Mapping & Interviews [250hrs - Expected Budget $50,000] ● A detailed analysis of key influencers in the public, private and philanthropic realms. Public sector may include municipal, county, state, federal and academic entities at all levels. Private sector may include small business, mid cap and enterprise level corporations and business associations. Philanthropic sector may include charitable entities, community associations, NGO’s, family offices, the arts and other grassroots advocates.
● A detailed analysis of relevant business interests, associations, potential partners and funding sources, both public and private and opportunities for Modesto at large.
● Conduct, record, transcribe and analyze 40 constituent interviews .
General Audience Review [140hrs - Expected Budget $28,000] ● Comprehensive analysis of key audiences for the project and articulation of assumed audience motivations.
● Analysis of industry or sector competitors, threats to the build and post-build success of the masterplan or individual projects.
● Focus on the comparison between the general demographics of the DMA and the project locale to assist in articulation of potential business growth and project second and third ring positive effect.
● Review regional demographics to identify the potential to expand the planning process to include other cities in the county or to work cooperatively with neighboring counties.
● Conduct ancillary research through 2-3 focus groups or town hall style events.
Summary findings to be used to build a broader digital questionnaire for residents at large. Summarize and integrate findings with 1x1 constituent interviews to populate the Emergent Findings deliverable.
Digital Ethnographic Review (optional) [Pass Through Cost - Expected Budget $85,000] ● Digital cultural anthropological investigation of local, regional and national conversations at scale (where data is available) to establish a deeper understanding of the motivations of key audience groups (residents, developers, capital markets) at all three levels.
● Identify localized cultural nuances, taboos and existing dynamics occurring within and between political, ethnic and geolocated groups in the city and county. ● Collect heritage information to better understand local identity, binding or group affiliation elements and mechanisms for broad adoption of master planning concepts.
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Base Data Review [250hrs - Expected Budget $50,000]
● Review Client database and available owned audience for communication planning sequencing and messaging development.
● Review the City of Modesto land holdings database, city and county parcel maps, infrastructure and services planning and assessment.
● Review city approved in progress development sites for mixed use retail, office, housing, academic, leisure and entertainment as well as transportation infrastructure including road, rail and aviation.
● Review and catalog any previous approved development with long term future development or zoning restriction or protection clauses.
Program Development [250hrs - Expected Budget $50,000]
● Jointly review the Client’s goals for the project or projects and develop an initial program of potential uses in a facilitated 1 day onsite workshop. ● Prepare initial Concept Studies and Site Yield Analysis, including conceptual site plans, design scenarios which might include floor plans (where applicable), and building sections based on the pre approved design program (number of schemes and depth to be determined by the Client).
● Prepare preliminary development summary, with square footage assumptions and residential unit mix, broken out by use type (retail, office, hospitality, residential, etc.) and potential target users or adjacent benefactors. ● Explore and identify peak-demand analysis for shared-parking, per ULI guidelines ● Meet with Client to present and review preliminary design concepts, further discuss project goals, examine opportunities and constraints, discuss pros and cons of various schemes, and determine design direction for refinement. ● Prepare updated Concept Studies and Site Yield Analysis include precedent studies, conceptual site plan. Optional: include conceptual floor plans, rendered perspectives, fly-through animations, and 3D computer model to study conceptual massing.
Hourly Staff Rates
Peter Sorckoff $275.00/hr
Dave Imbach $165.00/hr
Iain Ferguson $135.00/hr
John Picard $350.00/hr
Kirk Schaffer $475.00/hr
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Jim Garfield $90.00/hr
Kyia Young $65.00/hr
Jackie Cruz $30.00/hr
Suggested Blended Agency Rate: $198.00/hr
Phase 2 - Site Analysis
Utilizing the insights gained from both the qualitative interviews, available secondary research, literature review and any necessary newly commissioned studies (housing, transportation, environmental), Seer will develop the overarching strategic narrative for development in Modesto.
Inside of that broader narrative will reside secondary, site specific analysis and selling narratives which in their makeup will contemplate neighborhood compatibility with the desire use, existing land use, environmental, infrastructure (utility, roads, sidewalks, etc.), fiscal analysis, and legal considerations (California Environmental Quality Act, Surplus Land Act).
These elements will be formative in the creation of Modesto’s strategic narrative; how it might incorporate recent master planning work and community building initiatives, county wide initiatives (Stanislaus 2030) all while informing and driving communication, public awareness campaigns, tourism and economic development content.
Seer will work with the Client to specifically define the requirements of fiscal analysis and legal consideration so the Site Analysis Report remains in complete compliance and as a viable tool for developer pursuit and framing of defined site use with developers and capital investors.
Site Analysis Process Details
Preliminary Site Yield | Feasibility Studies [120hrs - Expected Budget $24,000] ● Base Data Review, obtain from the Client and review all available documents related to core or catalytic development sites or those specifically identified by the Client. ● Site Reconnaissance, conduct a site visit with the Client to review, field-verify, and photo-document the existing conditions, identify issues, planned infrastructure or services improvement. View adjacent properties for potential positive or negative impact and discuss the implications of potential site development program on existing infrastructure (urban housing density vs. road systems etc). ● Review current land, structure and housing values and overlay current market real estate needs and by price point.
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Site Evaluation & Planning [300hrs - Expected Budget $60,000] ● Model site location against precap planning and a go/no-go matrix. Develop a go/no go criteria if one currently does not exist.
● Articulate recognized threats to the site plan, solution sets to enact if threats are manifest.
● Develop a schedule and milestones for the development process as well as profile and requirements for the ideal developer candidate firm. ● Establish a package of pre approved incentives, abatements, opportunity zone or special district subsidies.
● Assess the site in the context of current and projected municipal, public, private infrastructure spending, contemplating current and future traffic circulation, interconnectivity with existing road, rail and aviation systems. ● Forecast site saliency in the context of general economic trends and interoperability with mixed use retail, office and integrated affordable, work force and market rate housing for optimal economic diversity, impact and resilience. ● Review and consider site planning related to the preservation of natural resources, access to park systems, public gathering areas, the river and a ‘Modesto Townhall or Square where diverse communities can converge and interact. a. Circulation System Assess the traffic circulation pattern(s), including that associated with the major transportation corridors. Assess the system functionality as related to existing and future land uses. Recommend improvements, modifications, and methods to address future conditions (increased traffic, traffic and pedestrian safety, new technologies / modes, etc.). b. Economic Development Assess potential mixed-use development, and other economic development opportunities that can enhance the quality of life for area residents and the community at-large. These opportunities may include dining, entertainment, retail, industry civic centers, recreation, health centers, and others.
c. Affordable and Market-Rate Housing Development Assess potential housing development, including affordable and market rate, low-density and high-density, in alignment with neighborhood compatibility, and existing and nearby land uses. This assessment shall include the financial analysis of potential development which includes environmental, infrastructure, and legal considerations.
d. Natural Resource Preservation The Consultant will be required to consider natural resource preservation and management and to consider how potential redevelopment opportunities may impact the Tuolumne River. The Consultant will also be required to evaluate how potential redevelopment opportunities can foster a greater connection to the river, via plazas, and other public gathering spaces.
The City of Modesto, under new leadership, is preparing the foundations of strategy for a multifaceted development and revitalization plan that could include; mixed use retail districts, a tech center, Class A office space, affordable workforce and market rate housing development as well as hotel and conference space. These elements would serve as integral components for DocuSign Envelope ID: AA283F80-4DEE-484F-B039-D54D30FC13A1 #6..
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developments capable of driving local economic growth and advancing Modesto’s vibrant and equitable community.
In Seer’s experience, large-scale developments often benefit from proximity to water, either as riverfront or lakefront. River views make it possible to create differentiated residential real estate, where premium offerings can subsidize affordable or workforce rate housing. River oriented development can also lead to boundary-breaking symbols such as pedestrian bridges over the river or highway to link downtown projects to isolated West Modesto communities and West Modesto communities to a vibrant, multifaceted downtown core. The ultimate goal, to capture the essence of what makes Modesto and the residents of Stanislaus County unique, its vision for a diversified future and how that translates through new developments while optimizing or leveraging existing infrastructure and Modesto’s heritage assets.
Hourly Staff Rates
Peter Sorckoff $275.00/hr
Dave Imbach $165.00/hr
Iain Ferguson $135.00/hr
John Picard $350.00/hr
Kirk Schaffer $475.00/hr
Jim Garfield $90.00/hr
Kyia Young $65.00/hr
Jackie Cruz $30.00/hr
Suggested Blended Agency Rate: $198.00/hr
Phase 3: Redevelopment Plan Approval: Submit, and present the site analysis and draft redevelopment plan to the stakeholders for a final opportunity to provide feedback. Following consideration and feedback from stakeholders, the plan will be submitted and presented to the Modesto City Council for consideration and approval.
[200hrs - Expected Budget $40,000]
The third phase is the tactical translation of the deliverables from phases one and two to key departments throughout the organization. Seer will draw on approved Mapping modules, such as promise, purpose and assets, to craft a compelling overarching narrative. So, while the broader organization will continue to tell their story, and all the stakeholders will continue to tell their individual stories, the narrative will allow them to naturally align and ladder up to a vision that incorporates them all.
A progressive, holistic and leveled approach to planning that places business imperatives at the center of all decisions and considerations to inform the build not vice versa. This planning model spans across four aspects and is inclusive of many constituents, models and vectors at an DocuSign Envelope ID: AA283F80-4DEE-484F-B039-D54D30FC13A1 #6..
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enterprise level to ensure that a complete picture is captured. The findings are then translated and demonstrated through the design development process. This process will allow for a comprehensive understanding for the various constituents and will result in a cohesive visual and written narrative for placemaking, onboarding, and approval.
Hourly Staff Rates
Peter Sorckoff $275.00/hr
Dave Imbach $165.00/hr
Iain Ferguson $135.00/hr
John Picard $350.00/hr
Kirk Schaffer $475.00/hr
Jim Garfield $90.00/hr
Kyia Young $65.00/hr
Jackie Cruz $30.00/hr
Suggested Blended Agency Rate: $198.00/hr
Phase 4: Implementation: Once the plan is approved by the City Council, the selected consultant will provide project management support to the city to assist in implementing the plan, which may include: adhering to State and Federal requirements, preparing procurement related documents to solicit potential development proposals, reviewing city policies and ordinances to confer whether adjustments are required and provide any other miscellaneous support to city staff to implement the plan.
[450hrs - Expected Budget $90,000]
Initiated after formal approval of the Redevelopment Planning document in Phase 3. Seer will begin to construct a high-level go-to-market planning (GTM) document used to align the strategic narrative and all of its subordinate planning with prospect tiers and qualified targeting.
At the completion of the strategy work, Seer will provide recommendations on project positioning for potential partnerships and innovations where appropriate and applicable. With the Client’s approval, Seer will continue to represent or advise the City in negotiations with outside entities core to dimensional development. Those entities may include teams, leagues and private sector locally, regionally and nationally.
Seer, through the lens of fandom will also be prepared to provide recommendations for the Modesto City brand, identity, positioning and how that might be reinforced through traditional and non-traditional marketing, experiential tactics, messaging and channel management.
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Hourly Staff Rates
Peter Sorckoff $275.00/hr
Dave Imbach $165.00/hr
Iain Ferguson $135.00/hr
John Picard $350.00/hr
Kirk Schaffer $475.00/hr
Jim Garfield $90.00/hr
Kyia Young $65.00/hr
Jackie Cruz $30.00/hr
Suggested Blended Agency Rate: $198.00/hr
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Element 2: Project Management and Implementation Support The selected Consultant will be required to provide project management and implementation support of the Downtown Master Plan, Stanislaus 2030 Blueprint, and River District Study, and provide additional support related to these projects as required by the City. This work may require periodic in-person and virtual meetings with stakeholders, City staff, preparation and submission of reports, presentations, and related assignments required to complete assigned deliverables. [750hrs - Expected Budget $150,000]
The core Seer team designated to partner with the City of Modesto is a diverse and experienced group. Peter Sorckoff will lead all facets with Jim Garfield as Account Manager and assign a local Modesto resident as Project Director. It is Seer’s position, that a local resident with long standing knowledge and relationships in the private and public sector will be vital to manage schedule, alignment and the multitude of constituents required to advance complex developments.
Peter and David Imbach will work with research partners and the City of Modesto to formulate approach, methodologies and execution of research and segmentation studies, if required.
Facilitated workshop days are an opportunity for the Seer and the City of Modesto officials to meet in person to discuss discovery/research findings, audience segments, regional competitive landscape and the translation of project deliverables against business metrics relevant to both the public and private sectors.
Go-to-Market and day-to-day operations will be led by the Project Director and Account Manager but supported by the full Seer team.
SHARE INSIGHTS, COLLABORATE, LEARN & NETWORK
Hourly Staff Rates
Peter Sorckoff $275.00/hr
Dave Imbach $165.00/hr
Iain Ferguson $135.00/hr
John Picard $350.00/hr
Kirk Schaffer $475.00/hr
Jim Garfield $90.00/hr
Kyia Young $65.00/hr
Jackie Cruz $30.00/hr
Suggested Blended Agency Rate: $198.00/hr
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Budget Forecasting
All budget forecasting is subject to revision as the scope of the projects is refined. Seer’s intent is to provide a general forecast of the hours required to execute on each section as has been explained, utilizing a blended agency rate of $198.00/hr. Seer also expects that pass-through costs of other consultants or entities will need to be discussed as an element of the broader budget. Seer has also allocated a specific budget for travel and onsite events but will work with the client to outline expectations and ultimately specificity around those events and their frequency.
Budget Summary
ELEMENT 1
Key Constituent Mapping & Interviews [250hrs - Expected Budget $50,000] General Audience Review [140hrs - Expected Budget $28,000] Digital Ethnographic Review (optional) [Expected Budget $85,000] Base Data Review [250hrs - Expected Budget $50,000]
Program Development [250hrs - Expected Budget $50,000]
Preliminary Site Yield | Feasibility Studies [120hrs - Expected Budget $24,000] Site Evaluation & Planning [300hrs - Expected Budget $60,000] Redevelopment Plan Approval [200hrs - Expected Budget $40,000] Implementation [450hrs - Expected Budget $90,000]
ELEMENT 2
Project Management and Support [750hrs - Expected Budget $150,000] Total Forecasted Hours 2710 hours
Total Forecasted Cost $542,000.00
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Project Examples (3)
Braves Master Planning and Enterprise Strategy (2019 - Present) In July 2019, Seer was presented with the opportunity to partner with Burns & McDonnell on the Truist Park Stadium Masterplan for the Atlanta Braves. The priority for the team was to contemplate revenue optimization while expanding the product array and optimizing pre built spaces. With design partner Burns & McDonnell Seer was able to deploy its linear three phase process (Discovery, Mapping, Goto Market) while taking advantage of BMcD’s fully integrated design-build organization. The outcome of Seer’s work populated a dimensionalized brief that drove design concepts, engineering and construction planning and scheduling. The reduction of gaps between design, engineering and construction optimized both schedule and budget.
The secondary imperatives of this project were to celebrate ‘neighborhoods’, improve circulation and access, better integrate amenities for larger audiences while building scarcity in other products to drive yield curves. After working to rebuild product and pricing strategies along with selling narratives across a broader enterprise level strategy the Braves were able to drive an additional $11.5M in revenue in the first year following the work. The Braves and the Battery district are now redeveloping 6 other areas of the facility and expanding the adjoining district development to the north and west sides of the stadium.
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CVG International Airport (2020 - to Present)
In 2020 - 2022, Seer was invited to execute its three phase comprehensive process in addition to a quantitative and qualitative research study to establish a new strategic narrative for CVG to coincide with the organizations’ 2021-2025 strategic plan and a broader region-wide narrative for the City of Cincinnati. Seer’s work revealed that the organization had no strong pre-existing narratives purposely in the market for passengers, carriers or supporting partners. Instead, there were a number of competing storylines that borrowed from regional narratives and reimagined the future as a repeat of the past. These storylines were often in conflict with each other and created shared regional tensions that limited economic growth and resulted in significant talent churn.
The resulting Emergent Findings report explored the following themes in detail and repositioned them as opportunities for growth and the reimagination of an international airports infrastructure and primary revenue streams. The final outcome was the development of four primary new business lines.
● A hub and spoke model for vertiports, eVTOLs advanced mobility and rural air service. ● A data a service offering - compiling and collating millions of annual data points and reselling those insights to onsite partners and the model to other airports. ● An onsite applied innovation lab to test new technologies, productize and commercialize local and regional start ups.
● An onsite power generation model capable of integrating unrecyclable plastics for the creation of carbonless diesel/jet fuel, microgrid and onsite power storage to provide energy resilience for the organization as well onsite partners, carriers and other land users.
The firm summarized the findings into four themes, or perspectives, that contain the seeds of opportunity:
● Talent and Capital Deficit Perspective
● Economic Inertia Perspective
● Supply Chain Trap Perspective
● Innovation Credibility Gap Perspective
Seer found many potential themes that could be explored to fill the narrative gap. We call them platforms and pipelines. Both of these constructs were designed to create tangible points of DocuSign Envelope ID: AA283F80-4DEE-484F-B039-D54D30FC13A1 #6..
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engagement for on-property and regional partners. They are infinitely ‘executable’ as sustainable vehicles for making the strategic vision throughout the next five years real in the market’s eyes.
They are conceived to serve CVG’s business imperatives but in doing so also speak to the identified needs of the region.
Finding #1 - Welcome to…Where Exactly?
CVG is more important to people who use it more. This is self-evident. But it’s crucial that we don’t jump to conclusions, assuming that we know how CVG is connected to the region. We often hear the phrase that CVG is the ‘front door’ to somewhere - but are we sure we know where that somewhere is located on the montal map of stakeholders, visitors, inhabitants and travelers? ● This finding relates to:
○ Create a customer-centric CVG brand and experience
○ Grow air service
Finding #2 - Environmental Rhetoric: Empty or Spacious? CVG is moving in the right direction, but they identified issues that need to be addressed. Our research partner, MotiveQuest, found that car rental problems are top of mind - with Baltimore being the worst. The second priority is the focus on carriers and fares means that parking, security, logistics, and food account for a smaller percentage of conversation than peer airports. ● This finding relates to:
○ Create a customer-centric CVG brand and experience
○ Grow air service
○ Fuel performance via operational excellence
○ Leverage venture, partnerships and collaboration
○ Ensure financial stability
Finding #3 - For Business, Pleasure or B-leisure?
CVG advocates are attracted by the story of lower airfares and more destinations with low-cost airlines. CVG made this story real with hybrid five-year deals, like the one that brought Southwest on board. Our search trend overview shows that CVG is aligned with ‘cheap flights, Frontier and Allegiant.’ This was an open door that was pushed wider. ● This finding relates to:
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○ Create a customer-centric CVG brand and experience
○ Grow air service
○ Fuel performance via operational excellence
○ Leverage venture, partnerships and collaborations
Finding #4 - The Goldilocks Story May Not Always Gold
In many different forms, we heard the Goldilocks story loud and clear. CVG’s weather is just perfect - America’s sweet spot. The Cincinnati region is perfectly situated East/West/North/South to quickly reach the majority of US population centers. The city is not too big and not too small.
Flight times and schedules are acceptable. CVG and Cincinnati are stable and safe - and that’s attractive to a certain kind of capital. But, it may dampen enthusiasm from start-up talent (and its associated capital) looking for a narrative of bootstrapping and openness to risk. ● This finding relates to:
○ Create a customer-centric CVG brand and experience
○ Grow air service
○ Leverage venture, partnerships and collaborations
Finding #5 - Airport City or City Airport?
There was a strong sense that the region could become the ‘logistics superhighway of the USA.’ The arrival of Amazon will add heft to those storylines. There were, in contrast, strong concerns that even this regional story is a ‘one-note solo’ that won’t properly reflect the spectrum of potential in the region, narrowing the capital base and pigeon-holding the workforce. ● This finding relates to:
○ Create a customer-centric CVG brand and experience
○ Grow air service
○ Fuel performance via operational excellence
○ Leverage venture, partnerships and collaborations
○ Ensure financial stability
These findings work together to produce information from quantitative and qualitative data through discovery interviews, desk research, and research provided by our partner firm, MotiveQuest. Strands, on the other hand, produce solutions to each finding on how CVG can make them an attainable reality.
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STRATEGIC NARRATIVE STRANDS
Strand #1 - Be brand Cincinnati and Friction is your Friend Cincinnati’s lack of a clear identity is the touchstone to much of the region’s internal tensions. The inability to succinctly describe Cincinnati has also left it insecure about its national identity. Delta still holds a large amount of influence on today’s regional narrative because it was so central to the past and because no new stronger narrative has replaced it. Is it CVG’s job to define the identity of a region? Our answer is no. But, it is our belief that if CVG was in fact able to do so, it would lay claim to a powerful new position in the ecosystem.
Strand #2 - Passengers Move the Economic Wheel
Passenger traffic is integral to the five-year plan for good reason - it is symbolic of what an airport means to a region - how many flights, how many destinations. Passenger traffic is symbolic (and core to the narrative) of growth, connectedness and economic health.
Strand #3 - Don’t be Afraid to Talk about your Feelings The depth of trust amongst the CVG team and the people that work closely with them describe staff as being effective leaders with efficient management skills. The depth of this trust and its correlation to competence should not be underestimated - which are strong qualities to have to bring the next five-year plan to fruition.
Strand #4 - The Entrepreneurial Mindset
There is a natural connection between this mindset and our aspirations in the innovation space.
Entrepreneurs are capable of recognizing and leveraging pre-existing market opportunities. It’s this mindset that will truly allow us to act as the transformer to the region…and why risk shouldn’t prevent us from thinking big.
Strand #5 - Embrace being Home and Stability
The new ingredient in home is to embrace the paradox of CVG - it is home for people, products and ideas that are in constant motion. A home for people who are not afraid to move.
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Strand #6 - A Talent Pipeline and Developmental System
The Oxford Municipal airport is a bigger opportunity than meets the eye. Oxford is a great opportunity for CVG to extend its management expertise, and an excellent developmental training ground for middle managers to hone their skills and build experience. We also assume it is likely the first site in a new CVG network.
Strand #7 - Advanced Mobility, CVG Constantly in Motion The notion of transportation is evolving exponentially and CVG can stand in the middle of it all.
First river, rail, road, runway, and now eVTOLs, drones, hyperloops, starships, fast-mover barges:
it’s all happening in some form in the region - we are the entity to aggregate and organize it. This is how we keep a balanced economy, assuage the fears of distribution center saturation, and hedge against an economic future that could be vulnerable to automation.
Strand # 8 - Innovation as a Living Lab for Applied Research The Living Lab is a place to launch a consulting practice. It's a product demonstration showroom where we can scale emerging technologies. The Living Lab will be a platform: a flexible structure for engagement, for testing, for productization, for commercialization and for working together across disciples. This is an airport lab. This will be integral to the economic wheel of travel.
CVG’s relationship with Seer stands as an ‘active client,’ furthering these findings and turning them into actionable deliverables. The firm partnered with CVG and Kentucky General Aviation Airport for master planning, consultation, and ongoing support. CVG’s forecasted economic impact for 2021 was $5B but had already grown over $7B by 2021. We believe this to be remarkable when considering the negative implications of the pandemic on the aviation sector.
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Fanatics (2021 - 2022)
As a data and e-commerce platform with a $34B valuation, Fanatics strives to not only provide products and services in a B2C and D2C environment but also to engage in B2B relationships to support and expand their business imperatives. The Seer team was hired to contemplate new business lines and to research internal and external perspectives on the Internal Venue teams working practices and brand identity: its perceived value to Fanatics and client teams, operational and organizational growth opportunities, and its current relationship with the broader Fanatics enterprise. The firm’s three phase process and unique qualitative methodology provided findings that helped inform brand and sales strategies for new platforms and programs to drive new and incremental business while improving client renewal rates within existing staffing, resources, and organizational parameters.
We broke our research up into two categories: internal and external with suggestions for each.
Each internal finding is what affects the business and internal staff. External findings are what would affect or what is currently affecting consumers and Fanatics’ clients. We concluded each finding with areas of strategic suggestions - similar to the ‘strands’ included in the CVG case study.
Internal findings were grouped in the following:
● Divergent Priorities of E-Comm and Brick and Mortar
● High Demand, Low Resources
● Divergent Perspectives on Brand Expression
● Multidimensional Opportunity, Unidimensional Focus
External findings included:
● Client Expectation Creep
● Market Confusion by Organization’s expansion to Gaming ● Mismatch of Scale & Customization
Strategic suggestions for moving forward:
● Broaden Brand Articulation Internally
● Broaden Brand Awareness and Relevance Externally
● Unify and Productize Data for a Unified Commerce Experience DocuSign Envelope ID: AA283F80-4DEE-484F-B039-D54D30FC13A1 #6..
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● Establish the Entity as Thought Leaders for Fandom and Fashion ● Explore New Contract Models to Deliver a Broader Scope of Services Based on our suggestions, Fanatics has implemented the following platforms and programs internally:
● Members - only capsule collection and renewal program ○ Team Personnel Target: CRO, CMO, SVP Ticketing, Director, Membership & Retention, Director Premium Sales
○ Revenue Stream: Ticketing - Membership Sales & Retention ○ Platform Description:
■ The Membership Capsule Collection is a small, customized and curated retail line developed specifically as an incentive for membership and FSE renewal campaigns.
■ The goods in this collection should be unique and unlike anything available in the team shop or online. Products in the collection might utilize silhouettes from oncourt/field brands like Nike, Adidas, or collaborations with smaller niche brands (Mitchell & Ness) to drive perceived value.
Design work can originate with the team, local designers or be deferred to Fanatics or a Fanatics selected outside resource.
○ BETA Client Teams: New Jersey Devils, Golden State Warriors, Monumental Sports, Pittsburgh Pirates, Indianapolis Colts
● Member bundled hard and soft services (NFT & Jersey/Soft Goods) ○ Team Personnel Target: CRO, CMO, SVP Ticketing, Director, Membership & Retention, Director Premium Sales, Director, Group Sales ○ Revenue Stream: Ticketing - Membership Sales & Retention, Premium Sales, Group Sales
○ Platform Description:
■ The NFT and Jersey platform is one example of a digital and hard good bundle that could be packaged and utilized by teams to meet a variety of business imperatives. New membership/FSE campaigns could position a limited number of bundles with specific seating locations or ticketing product types.
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■ This platform might be further augmented with the Fanatics Jersey Assurance program, providing additional value to the teams most important customers and could be a new adjacent product Fanatics offers IVR client Membership Services teams - Jersey Assurance+.
○ BETA Client Teams: Golden State Warriors, Atlanta Falcons, New Jersey Devils, Pittsburgh Pirates, Indianapolis Colts
● Fanatics DAS (Data as a Service)
○ Team Personnel Target: CRO, CMO, SVP Ticketing, VP Business Intelligence, Facilities President, VP Bookings
○ Revenue Stream: Team Ticketing - Membership Sales & Retention, Group Sales, Individual Sales, Facilities Event Bookings, Sponsorship - New Business ○ Platform Description:
■ The Fanatics Data as a service offering productizes specific data sets (actualized insights) for targeted team pain points and business imperatives in the ticketing, sponsorship and facilities booking space. Fantelligence is a fledgling product that could be scaled as a portal to offer teams unified (e-comm and IVR) datasets for direct response campaigns driving new membership/FSE, group and individual sales.
■ Working with team business intelligence groups to create automated campaigns leveraging Fanatics 82 million data lake records for ticket sales.
A sponsor pass-through opportunity would allow client teams to offer a small group of sponsors access to the Fanatics data lake national digital campaigns. All facets of campaign management would be routed to Fanatics Partnership Solutions and Fanatics would capture 15% of gross ad spend on the platform.
○ BETA Client Teams: Brooklyn Nets, Pittsburgh Pirates, Monumental Sports ● Co - Branded Major League and Colleague Hat Program
○ Team Personnel Target: CRO, SVP Ticketing, Director, Group Sales ○ Revenue Stream: Ticketing - Group Sales
○ Platform Description:
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■ Co-branded headwear, local and regional collegiate alumni and group tickets as a single game bundle. Fanatics will offer Fanatics brand or partner headwear options with pre-cleared collegiate licensing, Teams Group Sales departments will identify local and regional collegiate alumni to target or single game events.
■ As pre-determined and targeted events, product forecasting should occur pre-season allowing ample time for procurement, manufacturing and delivery of Fanatics products. A group sales business book builder, capable of annual renewals and year over year growth with individual alumni associations. Fanatics data services (Fantelligence) might also be included for advanced targeting. Seer would also recommend co-development of this concept with the Fanatics Collegiate business unit.
○ BETA Client Teams: Monumental Sports (Wizards, Capitals), San Francisco Giants, Jacksonville Jaguars, Pittsburgh Pirates
● Sports, Music, Retail Trifecta
○ Team Personnel Target: CRO, CMO, SVP Ticketing, Director, Group Sales, Director, Marketing & Promotions, Director Fan Experience, Director, Broadcasting
○ Revenue Stream: Ticketing - Individual and Group Sales bundling individual game tickets, pre/post game concerts, customized entertainer directed retail and digital albums - leverage the Fanatics Music group
○ Platform Description:
■ This platform combines Fanatics IVR retail acumen and ecomm reach with the firm’s music and concert business line. As a product, Fanatics could offer client teams a full integrated musical performance to pair with specific games. A bundled product of game ticket, in-game musical performance, digital album and customized IVR only co-branded team/artist t-shirt or headwear.
■ This platform would be enhanced with Fanatics proprietary data sets, used to promote the bundle to both team and music/artist fans, ideal for a primary sponsor and third party retail sponsor, which could be sourced by DocuSign Envelope ID: AA283F80-4DEE-484F-B039-D54D30FC13A1 #6..
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Fanatics Partnership Solutions or the clients’ sponsorship group. An array of ticket packages at various pricing codes could also include artist meet and greets as well as other experiential opportunities Participating artists could be routed on multi-team tours to reduce cost and scale opportunity. ○ BETA Client Teams: Indianapolis Colts, New Jersey Devils, Monumental Sports - Wizards
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References
For references, Seer has included current and former Clients, colleagues, and individuals who have lended their time and efforts to our projects and deliverables. If you would like to get in touch with any of the following individuals, please feel free to reach out to Seer so we can assist with scheduling.
Name Title Email
Derek Schiller CEO of Atlanta Braves [email protected] Brian Cobb Chief Innovation Officer, CVG
International Airport
[email protected]
Melissa Wideman Vice President ESG Initiatives
at Cincinnati/Northern
Kentucky International Airport
[email protected]
Ed O’Brien SVP, Business Strategy,
Fanatics
[email protected]
Jeff Sitner Former Principal Practice Lead,
Burns & McDonnell
[email protected]
Description of services provided:
Atlanta Braves - Enterprise - level strategy, master planning, and brand identity CVG International Airport- Enterprise - level strategy, brand identity refresh, master planning and consulting
Fanatics - Establishing business lines, narrative, and brand identity Burns & McDonnell - Enterprise - level strategy, consulting, and establishing business lines DocuSign Envelope ID: AA283F80-4DEE-484F-B039-D54D30FC13A1 #6..
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
March 14, 2023
Date: February 27, 2023
TO: Mayor and Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Interim Director of Community and Economic Development SUBJECT: Professional Services Agreement for Urban Planning and Project Management Support
CONTACT: Edgar R. Garcia, Housing and Urban Development Supervisor [email protected], 209-571-5101
DESCRIPTION:
Consider approving the Award of Proposal and Professional Services Agreement to Seer World, Inc, Roswell, Georgia for Urban Planning and Project Management Support for $542,000, including a 20% contingency, for a total amount not to exceed $650,400. (Funding Source:
American Rescue Plan Act)
STRATEGIC PLAN ELEMENT:
The recommended action supports the City’s 2020-2025 Strategic Plan, Goal G: Make Downtown a Destination, Strategy 1: Create a downtown economic development strategy (including infill housing, mixed-use development, business retention and attraction, and placemaking).
BACKGROUND:
Throughout the last three years, the City of Modesto has worked diligently alongside public and private partners to create the Downtown Master Plan, Stanislaus 2030 Blueprint, and the Modesto Renewal & Diversification Project (River District Study). Through the preparation of these studies and planning documents, staff and consultants have engaged hundreds of residents, business owners, faith-based organizations, and nonprofits. This engagement has yielded a broad consensus across stakeholder groups regarding community challenges, strengths, and high-leverage opportunities to achieve a more vibrant community and regional economy.
The City intends to leverage the results from these prior studies to help inform the implementation of these plans. To support the City with this initiative and provide as needed support to the City with related assignments, the City solicited an informal request for proposals (RFP) for professional services on January 26, 2023 that yielded two proposals. To evaluate the proposals, staff formed an interdepartmental committee of five (5) subject matter experts, DocuSign Envelope ID: AA283F80-4DEE-484F-B039-D54D30FC13A1 #6..
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City Council, March 14, 2023
Professional Services Agreement for Urban Planning and Project Management Support
including staff from the City Manager’s Office, Parks, and Community and Economic Development personnel to review the submissions. The evaluation was based on their overall scope, community engagement strategy, prior experience, cost, and references. Based on being ranked highest in total evaluation criteria, the evaluation committee recommends the award of professional services for urban planning and project management support to Seer World to support with the proposed scope of work. Seer ranked highly in the areas of community engagement strategy, and overall scope resulting in the recommendation to move forward with them for this project. Seer has held an instrumental role as the consultant that prepared the River District study which informs a significant portion of the expectations outlined in the City’s scope of work.
In accordance with Modesto Municipal Code Sec. 8-3.204(a), Exceptions to Formal Bidding Requirements, the agreement is for professional services and, therefore, exempt from the bidding requirement. The approval for this consultant service conforms to Modesto Municipal Code 8-3.204, subsection (a) as Seer will provide professional services including robust community engagement and land use, architectural, recreational planning, and implementation support.
DISCUSSION:
The scope of work includes two core elements: (1) Redevelopment Planning and Implementation Support, which requires the preparation and approval of a redevelopment plan, subsequent implementation support for the Municipal Golf Course (Muni), as well as several opportunity sites and (2) Project Management and Support, which entails support with the completion and/or implementation of the deliverables outlined in the Downtown Master Plan, Stanislaus 2030 Blueprint, and River District Study, and may include other project management support as identified by City staff. Each of which are described in further detail below:
1. Redevelopment Planning and Implementation Support
a. PHASE 1: Community Engagement and Priority Gathering. Complete a robust public engagement process which may include community meetings, surveys, and focus groups with stakeholders. The Consultant will analyze proposed ideas submitted by the community and prepare design scenarios for the community to visualize potential developments. Potential sites may include housing, recreation, trails, habitat preservation, commercial/economic development, and other community services. The Consultant will be responsible for developing consensus with the City Council and community regarding the desired plan. b. PHASE 2: Site Analysis. A site analysis that considers the priorities from the community will be prepared and include a full assessment of neighborhood compatibility with the desired use, existing land use and current uses, environmental, infrastructure (utility, roads, sidewalks, etc.), fiscal analysis, legal considerations, among other considerations (California Environmental Quality Act, Surplus Land Act, etc.).
c. PHASE 3: Redevelopment Plan Approval. Submit, and present the site analysis and draft redevelopment plan to the stakeholders for a final opportunity to provide feedback. Following consideration and feedback from stakeholders, the plan will be submitted and presented to the Modesto City Council for consideration and approval.
d. PHASE 4: Implementation. Once the Plan is approved by the City Council, Seer will provide project management support to the City to assist in implementing the DocuSign Envelope ID: AA283F80-4DEE-484F-B039-D54D30FC13A1 #6..
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City Council, March 14, 2023
Professional Services Agreement for Urban Planning and Project Management Support
plan, which may include: adhering to State and Federal requirements, preparing procurement related documents to solicit potential development proposals, reviewing City policies and ordinances to confer whether adjustments are required, and providing any other miscellaneous support to City staff to implement the plan.
2. Project Management and Implementation Support
a. Seer will provide project management and implementation support for the Downtown Master Plan, Stanislaus 2030 Blueprint, and River District Study, and provide additional support related to these projects as required by the City.
FISCAL IMPACT:
The project budget is estimated at $542,000 with a 20% contingency of $108,400, totaling a not to exceed amount of $650,400, and will be funded with American Rescue Plan Act funds previously allocated to a Downtown Revolving Loan Fund as approved in the Modesto Forward Strategy by Resolution 2021-194. Sufficient funds are currently allocated to absorb the cost of the agreement. City staff has included a contingency of 20% to this project because the consultant is intended to serve as an extension of City staff to manage projects that do not have a defined scope at this time, and the contingency is intended to help account for potential unknowns such as additional community meetings, interviews, surveys, or site analysis.
COMMITTEE RECOMMENDATION:
This item was approved to forward to the City Council for approval by the Economic Development Committee on March 6, 2023.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the Award of Proposal and Professional Services Agreement to Seer World, LLC., Roswell, Georgia for Urban Planning and Project Management Support for $542,000, including a 20% contingency in the amount of $108,400, for a total amount not to exceed $650,400, and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving the use of American Rescue Plan Act funds to fund the Agreement with Seer World, LLC. for Urban Planning and Project Management Support in the amount of $542,000, including a 20% contingency in the amount of $108,400, for a total amount not to exceed $650,400, and amending the Fiscal Year 2022-2023 non-capital budget in the American Rescue Grants Fund (Fund 390), and authorizing the City Manager to carry out the necessary steps to implement the adjustment described above.
Approved by: _____________________________
Jessica Hill, Interim Director of Community and Economic Development ____
Joseph P. Lopez, City Manager
Attachments:
DocuSign Envelope ID: AA283F80-4DEE-484F-B039-D54D30FC13A1 #6..
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City Council, March 14, 2023
Professional Services Agreement for Urban Planning and Project Management Support
1. Resolution (2)
2. Agreement with Seer World
3. Proposal from Seer World
4. Request for Proposals for Urban Planning and Project Management Support
5. Evaluation Summary
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03/14/2023/CED/EGarcia/Item 4 1 2023-100
MODESTO CITY COUNCIL
RESOLUTION NO. 2023-100
RESOLUTION APPROVING THE AWARD OF PROPOSAL AND
PROFESSIONAL SERVICES AGREEMENT TO SEER WORLD, INC,
ROSWELL, GEORGIA FOR URBAN PLANNING AND PROJECT
MANAGEMENT SUPPORT FOR $542,000, INCLUDING A 20%
CONTINGENCY, FOR A TOTAL AMOUNT NOT TO EXCEED $650,400, AND
AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE
THE AGREEMENT
WHEREAS, the City of Modesto has worked diligently alongside public and private partners to create the Downtown Master Plan, Stanislaus 2030 Blueprint, and the Modesto Renewal & Diversification Project (River District Study); and WHEREAS, through the preparation of these studies and planning documents, staff and consultants have engaged hundreds of residents, business owners, faith-based organizations, and nonprofits; and
WHEREAS, this engagement has yielded a broad consensus across stakeholder groups regarding community challenges, strengths, and high-leverage opportunities to achieve a more vibrant community and regional economy; and WHEREAS, the City intends to leverage the results from these prior studies to help inform the implementation of these plans; and
WHEREAS, to support the City with this initiative and provide as needed support to the City with related assignments, the City solicited an informal request for proposals (RFP) for professional services on January 26, 2023 that yielded two proposals; and WHEREAS, to evaluate the proposals, staff formed an interdepartmental committee of five (5) subject matter experts, including staff from the City Manager’s Office, Parks, and Community and Economic Development personnel to review the submissions. The evaluation was based on their overall scope, community engagement DocuSign Envelope ID: AA283F80-4DEE-484F-B039-D54D30FC13A1 #6..
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03/14/2023/CED/EGarcia/Item 4 2 2023-100
strategy, prior experience, cost, and references; and
WHEREAS, based on being ranked highest in total evaluation criteria, the evaluation committee recommends the award of professional services for urban planning and project management support to Seer World to support with the proposed scope of work; and
WHEREAS, Seer ranked highly in the areas of community engagement strategy, and overall scope resulting in the recommendation to move forward with them for this project. Seer has held an instrumental role as the consultant that prepared the River District study which informs a significant portion of the expectations outlined in the City’s scope of work; and
WHEREAS, in accordance with Modesto Municipal Code Sec. 8-3.204(a), Exceptions to Formal Bidding Requirements, the agreement is for professional services and, therefore, exempt from the bidding requirement; and WHEREAS, the approval for this consultant service conforms to Modesto Municipal Code 8-3.204, subsection (a) as Seer will provide professional services including robust community engagement and land use, architectural, recreational planning, and implementation support.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the Award of Proposal and Professional Services Agreement to Seer World, Inc, Roswell, Georgia for urban planning and project management support for $542,000, including a 20% contingency, for a total amount not to exceed $650,400, and authorizing the City Manager, or his designee, to execute the agreement.
DocuSign Envelope ID: AA283F80-4DEE-484F-B039-D54D30FC13A1 #6..
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December 2022
2022-2023
Statement of
Economic Interests
Form 700
California Fair Political Practices Commission
1102 Q Street, Suite 3000 • Sacramento, CA 95811
Email Advice: [email protected]
Toll-free advice line: 1 (866) ASK-FPPC • 1 (866) 275-3772 Telephone: (916) 322-5660 • Website: www.fppc.ca.gov
A Public Document
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Quick Start Guide
Detailed instructions begin on page 3.
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FPPC Form 700 (2022/2023)
[email protected] • 866-275-3772 • www.fppc.ca.gov
Page - 3
What’s New
Gift Limit Increase
The gift limit increased to $520 for calendar years 2021 and 2022.
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[email protected] • 866-275-3772 • www.fppc.ca.gov
Page - 4
DocuSign Envelope ID: AA283F80-4DEE-484F-B039-D54D30FC13A1 #6..
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Schedule C - Income, Loans, & Business Positions – schedule attached Schedule D - Income – Gifts – schedule attached
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STATEMENT OF ECONOMIC INTERESTS
COVER PAGE
A PUBLIC DOCUMENT
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Ź Total number of pages including this cover page:
-orFPPC Form 700 - Cover Page (2022/2023)
[email protected] • 866-275-3772 • www.fppc.ca.gov
Page - 5
Sorckoff Peter Michael Seer World N/A Chief Executive Officer N/A Stanislaus 03 14 2023 74 Woodstock Road Roswell GA 30075 470 403 - 4007 [email protected] March, 22, 2023 DocuSign Envelope ID: AA283F80-4DEE-484F-B039-D54D30FC13A1 #6..
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[email protected] • 866-275-3772 • www.fppc.ca.gov
Page - 6
DocuSign Envelope ID: AA283F80-4DEE-484F-B039-D54D30FC13A1 #6..
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SCHEDULE A-1
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700 FAIR POLITICAL PRACTICES COMMISSION
CALIFORNIA FORM
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,QFRPH5HFHLYHG RI RU0RUH (Report on Schedule C) 1$785(2),19(670(17
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FPPC Form 700 - Schedule A-1 (2022/2023)
[email protected] • 866-275-3772 • www.fppc.ca.gov
Page - 7
n/an/a n/a n/a n/a n/a
DocuSign Envelope ID: AA283F80-4DEE-484F-B039-D54D30FC13A1 #6..
- 152 -
Instructions – Schedules A-1 and A-2
Investments
³,QYHVWPHQW´PHDQVD¿QDQFLDOLQWHUHVWLQDQ\EXVLQHVV entity (including a consulting business or other
LQGHSHQGHQWFRQWUDFWLQJEXVLQHVV
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GRPHVWLFSDUWQHURU\RXUGHSHQGHQWFKLOGUHQKDGDGLUHFW LQGLUHFWRUEHQH¿FLDOLQWHUHVWWRWDOLQJRUPRUHDW any time during the reporting period. (See Reference
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greater ownership interest in a business entity or trust
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held by the business entity or trust. (See Reference
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• *RYHUQPHQWERQGV
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in any company that is located in or does business in
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FPPC Form 700 (2022/2023)
[email protected] • 866-275-3772 • www.fppc.ca.gov
Page - 8
DocuSign Envelope ID: AA283F80-4DEE-484F-B039-D54D30FC13A1 #6..
- 153 -
SCHEDULE A-2
Investments, Income, and Assets
RI%XVLQHVV(QWLWLHV7UXVWV
2ZQHUVKLS,QWHUHVWLV RU*UHDWHU
1$785(2),17(5(67
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Check box if additional schedules reporting investments or real property are attached
Yrs. remaining
Other
1$785(2),19(670(17
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,)$33/,&$%/( /,67 '$7(
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22 22 22 22
Comments:
Name
Address (Business Address Acceptable)
Name
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)$,50$5.(79$/8(
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*(1(5$/ '(6&5,37,212)7+,6%86,1(66 *(1(5$/ '(6&5,37,212)7+,6%86,1(66 ,19(670(17 REAL PROPERTY
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Ź 4. INVESTMENTS AND INTERESTS IN REAL PROPERTY HELD OR LEASED %< 7+( %86,1(66(17,7<25 75867
Ź 4. INVESTMENTS AND INTERESTS IN REAL PROPERTY HELD OR LEASED %< 7+( %86,1(66(17,7<25 75867
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Name
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22 22
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FPPC Form 700 - Schedule A-2 (2022/2023)
[email protected] • 866-275-3772 • www.fppc.ca.gov
Page - 9
None Names listed below None or Names listed below
n/an/a n/a n/a
DocuSign Envelope ID: AA283F80-4DEE-484F-B039-D54D30FC13A1 #6..
- 154 -
Instructions – Schedule A-2
,QYHVWPHQWV,QFRPHDQG$VVHWVRI%XVLQHVV(QWLWLHV7UXVWV Use Schedule A-2 to report investments in a business
entity (including a consulting business or other
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Also report on Schedule A-2 investments and real property held by that entity or trust if your pro rata share of the LQYHVWPHQWRUUHDOSURSHUW\LQWHUHVWZDVRUPRUH during the reporting period.
To Complete Schedule A-2:
Part 1. Disclose the name and address of the business
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property or investment during the reporting period.
FPPC Form 700 (2022/2023)
[email protected] • 866-275-3772 • www.fppc.ca.gov
Page - 10
DocuSign Envelope ID: AA283F80-4DEE-484F-B039-D54D30FC13A1 #6..
- 155 -
NAME OF LENDER*
ADDRESS (Business Address Acceptable)
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NAME OF LENDER*
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FPPC Form 700 - Schedule B (2022/2023)
[email protected] • 866-275-3772 • www.fppc.ca.gov
Page - 11
Name
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DocuSign Envelope ID: AA283F80-4DEE-484F-B039-D54D30FC13A1 #6..
- 156 -
disclose the number of years remaining on the lease.
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• Loans from a private lender that total $500 or more and are secured by real property may be reportable. Loans
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rate paid during the reporting period. The term of
a loan is the total number of months or years given
for repayment of the loan at the time the loan was
established.
- Check the box indicating the highest balance of the
loan during the reporting period.
- ,GHQWLI\DJXDUDQWRULI
applicable.
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reportable loan on a single
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Allison Gande is a city
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Allison received rental income
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tenant who rented property
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more. A married couple is
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disclosure of real property?
5HSRUWLQWHUHVWVLQUHDOSURSHUW\ORFDWHGLQ\RXUDJHQF\¶V MXULVGLFWLRQLQZKLFK\RX\RXUVSRXVHRUUHJLVWHUHGGRPHVWLF SDUWQHURU\RXUGHSHQGHQWFKLOGUHQKDGDGLUHFWLQGLUHFWRU EHQH¿FLDOLQWHUHVWWRWDOLQJRUPRUHDQ\WLPHGXULQJ the reporting period. Real property is also considered to be ³ZLWKLQWKHMXULVGLFWLRQ´RIDORFDOJRYHUQPHQWDJHQF\LIWKH property or any part of it is located within two miles outside WKHERXQGDULHVRIWKHMXULVGLFWLRQRUZLWKLQWZRPLOHVRIDQ\ land owned or used by the local government agency. (See 5HIHUHQFH3DPSKOHWSDJH
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• $GHHGRIWUXVWHDVHPHQWRURSWLRQWRDFTXLUHSURSHUW\ • $OHDVHKROGLQWHUHVW
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• A mining lease
• An interest in real property held in a retirement account
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• An interest in real property held by a business entity or WUXVWLQZKLFK\RX\RXUVSRXVHRUUHJLVWHUHGGRPHVWLF SDUWQHUDQG\RXUGHSHQGHQWFKLOGUHQWRJHWKHUKDGD RUJUHDWHURZQHUVKLSLQWHUHVW
5HSRUWRQ6FKHGXOH$
• <RXUVSRXVH¶VRUUHJLVWHUHGGRPHVWLFSDUWQHU¶VLQWHUHVWVLQ real property that are legally held separately by him or her You are not required to report:
• $UHVLGHQFHVXFKDVDKRPHRUYDFDWLRQFDELQXVHG
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• (QWHUWKHGDWHDFTXLUHGRUGLVSRVHGRQO\LI\RXLQLWLDOO\ DFTXLUHGRUHQWLUHO\GLVSRVHGRI\RXULQWHUHVWLQWKH
property during the reporting period.
• ,GHQWLI\WKHQDWXUHRI\RXULQWHUHVW,ILWLVDOHDVHKROG FPPC Form 700 (2022/2023)
[email protected] • 866-275-3772 • www.fppc.ca.gov
Page - 12
DocuSign Envelope ID: AA283F80-4DEE-484F-B039-D54D30FC13A1 #6..
- 157 -
(Real property, car, boat, etc.) (Real property, car, boat, etc.)
SCHEDULE C
,QFRPH/RDQV %XVLQHVV
Positions
2WKHUWKDQ*LIWVDQG7UDYHO3D\PHQWV
*5266,1&20(5(&(,9(' No,ncome - Business Position Only *5266,1&20(5(&(,9(' No,ncome - Business Position Only Name
29(5 29(5
700 FAIR POLITICAL PRACTICES COMMISSION
CALIFORNIA FORM
Ź 1. INCOME RECEIVED
1$0(2)6285&(2),1&20(
ADDRESS (Business Address Acceptable)
%86,1(66$&7,9,7<,)$1<2)6285&(
<285%86,1(66326,7,21
Ź 1. INCOME RECEIVED
1$0(2)6285&(2),1&20(
ADDRESS (Business Address Acceptable)
%86,1(66$&7,9,7<,)$1<2)6285&(
<285%86,1(66326,7,21
NAME OF LENDER*
ADDRESS (Business Address Acceptable)
%86,1(66$&7,9,7<,)$1<2) /(1'(5
,17(5(67 5$7( 7(50
0RQWKV<HDUV
None
+,*+(67%$/$1&( '85,1* 5(3257,1*3(5,2'
29(5
Comments:
Ź 2. LOANS RECEIVED OR OUTSTANDING DURING THE REPORTING PERIOD * <RXDUHQRWUHTXLUHGWRUHSRUWORDQVIURPDFRPPHUFLDOOHQGLQJLQVWLWXWLRQRUDQ\LQGHEWHGQHVVFUHDWHGDVSDUWRI DUHWDLOLQVWDOOPHQWRUFUHGLWFDUGWUDQVDFWLRQPDGHLQWKHOHQGHU¶VUHJXODUFRXUVHRIEXVLQHVVRQWHUPVDYDLODEOH WRPHPEHUVRIWKHSXEOLFZLWKRXWUHJDUGWR\RXURႈFLDOVWDWXV3HUVRQDOORDQVDQGORDQVUHFHLYHGQRWLQDOHQGHU¶V regular course of business must be disclosed as follows:
6(&85,7< )25 /2$1
None Personal residence
Real Property
Guarantor
Other
Street address
City
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&216,'(5$7,21 )25:+,&+,1&20(:$6 5(&(,9('
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)RU VHOIHPSOR\HG XVH6FKHGXOH$
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Sale of
Other
(Describe) (Describe)
(Describe) (Describe)
Commission or 5HQWDO,QFRPHlist each source of $10,000 or more Commission or 5HQWDO,QFRPHlist each source of $10,000 or more Loan repayment Loan repayment
FPPC Form 700 - Schedule C (2022/2023)
[email protected] • 866-275-3772 • www.fppc.ca.gov
Page - 13
n/a n/a n/a
DocuSign Envelope ID: AA283F80-4DEE-484F-B039-D54D30FC13A1 #6..
- 158 -
Instructions – Schedule C
,QFRPH/RDQV %XVLQHVV3RVLWLRQV
,QFRPH2WKHU7KDQ*LIWVDQG7UDYHO3D\PHQWV
Reporting Income:
Report the source and amount of gross income of $500
or more you received during the reporting period. Gross income is the total amount of income before deducting
H[SHQVHVORVVHVRUWD[HVDQGLQFOXGHVORDQVRWKHU
than loans from a commercial lending institution. (See
5HIHUHQFH3DPSKOHWSDJH
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source of income to your spouse or registered domestic
partner if your community property share was $500 or
more during the reporting period.
The source and income must be reported only if the source LVORFDWHGLQGRLQJEXVLQHVVLQSODQQLQJWRGREXVLQHVVLQ or has done business during the previous two years in your DJHQF\¶VMXULVGLFWLRQ
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Reportable sources of income may be further limited by
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5HSRUWLQJ%XVLQHVV3RVLWLRQV
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business entity even if you received no income during the reporting period. Use the comments section to indicate
that no income was received.
&RPPRQO\UHSRUWDEOHLQFRPHDQGORDQVLQFOXGH
• 6DODU\ZDJHVSHUGLHPDQGUHLPEXUVHPHQWIRU
expenses including travel payments provided by your
employer
• &RPPXQLW\SURSHUW\LQWHUHVW
LQ\RXUVSRXVH¶V
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• ,QFRPHIURPLQYHVWPHQWLQWHUHVWVVXFKDVSDUWQHUVKLSV reported on Schedule A-1
• &RPPLVVLRQLQFRPHQRWUHTXLUHGWREHUHSRUWHGRQ
6FKHGXOH$
6HH5HIHUHQFH3DPSKOHWSDJH
• *URVVLQFRPHIURPDQ\VDOHLQFOXGLQJWKHVDOHRID
house or car (Report your pro rata share of the total sale SULFH
• 5HQWDOLQFRPHQRWUHTXLUHGWREHUHSRUWHGRQ6FKHGXOH% • Prizes or awards not disclosed as gifts
• Payments received on loans you made to others
• $QKRQRUDULXPUHFHLYHGSULRUWREHFRPLQJDSXEOLFRႈFLDO
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• ,QFHQWLYHFRPSHQVDWLRQ
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• 6DODU\UHLPEXUVHPHQWIRUH[SHQVHVRUSHUGLHP
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government agency.
• Stock dividends and income from the sale of stock
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• ,QFRPHIURPD3(56UHWLUHPHQWDFFRXQW
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To Complete Schedule C:
Part ,QFRPH5HFHLYHG%XVLQHVV3RVLWLRQ'LVFORVXUH
• Disclose the name and address of each source of
income or each business entity with which you held a
business position.
• Provide a general description of the business activity if the source is a business entity.
• Check the box indicating the amount of gross income
received.
• ,GHQWLI\WKHFRQVLGHUDWLRQIRUZKLFKWKHLQFRPHZDV
received.
• )RULQFRPHIURPFRPPLVVLRQVDOHVFKHFNWKHER[
indicating the gross income received and list the name
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Note: If
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RUKDYHDQRZQHUVKLSLQWHUHVWRIRUPRUH\RX
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on Schedule A-2.
• 'LVFORVHWKHMREWLWOHRUEXVLQHVVSRVLWLRQLIDQ\WKDW\RX KHOGZLWKWKHEXVLQHVVHQWLW\HYHQLI\RXGLGQRWUHFHLYH income during the reporting period.
Part 2. Loans Received or Outstanding During the
Reporting Period
• Provide the name and address of the lender.
• Provide a general description of the business activity if the lender is a business entity.
• Check the box indicating the highest balance of the loan during the reporting period.
• Disclose the interest rate and the term of the loan.
- )RUYDULDEOHLQWHUHVWUDWHORDQVGLVFORVHWKH
FRQGLWLRQVRIWKHORDQ
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average interest rate paid during the reporting
period.
- The term of the loan is the total number of months or years given for repayment of the loan at the time the
loan was entered into.
• ,GHQWLI\WKHVHFXULW\LIDQ\IRUWKHORDQ
Reminders
• &RGH¿OHUV±\RXUGLVFORVXUHFDWHJRULHVPD\QRWUHTXLUH disclosure of all sources of income.
• ,I\RXRU\RXUVSRXVHRUUHJLVWHUHGGRPHVWLFSDUWQHUDUH VHOIHPSOR\HGUHSRUWWKHEXVLQHVVHQWLW\RQ6FKHGXOH$ • 'RQRWGLVFORVHRQ6FKHGXOH&LQFRPHORDQVRUEXVLQHVV positions already reported on Schedules A-2 or B. FPPC Form 700 (2022/2023) [email protected] • 866-275-3772 • www.fppc.ca.gov
Page - 14
DocuSign Envelope ID: AA283F80-4DEE-484F-B039-D54D30FC13A1 #6..
- 159 -
SCHEDULE D
Income – Gifts
Comments:
Name
700 FAIR POLITICAL PRACTICES COMMISSION
CALIFORNIA FORM
ŹNAME OF SOURCE (Not an Acronym)
ADDRESS (Business Address Acceptable)
%86,1(66$&7,9,7<,)$1<2)6285&(
DATE
PPGG\\
9$/8( '(6&5,37,212)*,)7
6 / / $
/ / $
/ / $
ŹNAME OF SOURCE (Not an Acronym)
ADDRESS (Business Address Acceptable)
%86,1(66$&7,9,7<,)$1<2)6285&(
DATE
PPGG\\
9$/8( '(6&5,37,212)*,)7
6 / / $
/ / $
/ / $
ŹNAME OF SOURCE (Not an Acronym)
ADDRESS (Business Address Acceptable)
%86,1(66$&7,9,7<,)$1<2)6285&(
DATE
PPGG\\
9$/8( '(6&5,37,212)*,)7
6 / / $
/ / $
/ / $
ŹNAME OF SOURCE (Not an Acronym)
ADDRESS (Business Address Acceptable)
%86,1(66$&7,9,7<,)$1<2)6285&(
DATE
PPGG\\
9$/8( '(6&5,37,212)*,)7
6 / / $
/ / $
/ / $
ŹNAME OF SOURCE (Not an Acronym)
ADDRESS (Business Address Acceptable)
%86,1(66$&7,9,7<,)$1<2)6285&(
DATE
PPGG\\
9$/8( '(6&5,37,212)*,)7
6 / / $
/ / $
/ / $
ŹNAME OF SOURCE (Not an Acronym)
ADDRESS (Business Address Acceptable)
%86,1(66$&7,9,7<,)$1<2)6285&(
DATE
PPGG\\
9$/8( '(6&5,37,212)*,)7
6 / / $
/ / $
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FPPC Form 700 - Schedule D (2022/2023)
[email protected] • 866-275-3772 • www.fppc.ca.gov
Page - 15
n/a n/a n/a n/an/a n/a
DocuSign Envelope ID: AA283F80-4DEE-484F-B039-D54D30FC13A1 #6..
- 160 -
Instructions – Schedule D
Income – Gifts
Reminders
x *LIWVIURPDVLQJOHVRXUFHDUHVXEMHFWWRD limit in 2022
6HH5HIHUHQFH3DPSKOHWSDJH
x&RGH¿OHUV± you only need to report gifts from
reportable sources.
Gift Tracking Mobile Application
xFPPC has created a gift tracking app for mobile
GHYLFHVWKDWKHOSV¿OHUVWUDFNJLIWVDQGSURYLGHVDTXLFN and easy way to upload the information to the Form
9LVLW)33&¶VZHEVLWHWRGRZQORDGWKHDSS
A gift is anything of value for which you have not provided HTXDORUJUHDWHUFRQVLGHUDWLRQWRWKHGRQRU$JLIWLV UHSRUWDEOHLILWVIDLUPDUNHWYDOXHLVRUPRUH,QDGGLWLRQ multiple gifts totaling $50 or more received during the reporting period from a single source must be reported. ,WLVWKHDFFHSWDQFHRIDJLIWQRWWKHXOWLPDWHXVHWRZKLFKLWLV SXWWKDWLPSRVHV\RXUUHSRUWLQJREOLJDWLRQ([FHSWDVQRWHG EHORZ\RXPXVWUHSRUWDJLIWHYHQLI\RXQHYHUXVHGLWRULI\RX gave it away to another person.
,IWKHH[DFWDPRXQWRIDJLIWLVXQNQRZQ\RXPXVWPDNHD JRRGIDLWKHVWLPDWHRIWKHLWHP¶VIDLUPDUNHWYDOXH/LVWLQJ the value of a gift as “over $50” or “value unknown” is not DGHTXDWHGLVFORVXUH,QDGGLWLRQLI\RXUHFHLYHGDJLIWWKURXJK DQLQWHUPHGLDU\\RXPXVWGLVFORVHWKHQDPHDGGUHVVDQG business activity of both the donor and the intermediary. You PD\LQGLFDWHDQLQWHUPHGLDU\HLWKHULQWKH³VRXUFH´¿HOG after the name or in the “comments” section at the bottom of Schedule D.
&RPPRQO\UHSRUWDEOHJLIWVLQFOXGH
• Tickets/passes to sporting or entertainment events
• Tickets/passes to amusement parks
• 3DUNLQJSDVVHVQRWXVHGIRURႈFLDODJHQF\EXVLQHVV
• )RRGEHYHUDJHVDQGDFFRPPRGDWLRQVLQFOXGLQJWKRVH provided in direct connection with your attendance at a FRQYHQWLRQFRQIHUHQFHPHHWLQJVRFLDOHYHQWPHDORUOLNH gathering
• Rebates/discounts not made in the regular course of
EXVLQHVVWRPHPEHUVRIWKHSXEOLFZLWKRXWUHJDUGWRRႈFLDO status
• :HGGLQJJLIWV
6HH5HIHUHQFH3DPSKOHWSDJH
• $QKRQRUDULXPUHFHLYHGSULRUWRDVVXPLQJRႈFH
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WKDQDVDJLIWRQ6FKHGXOH'LI\RXSURYLGHGVHUYLFHVRI HTXDORUJUHDWHUYDOXHWKDQWKHSD\PHQWUHFHLYHG6HH Reference 3DPSKOHWSDJH
• 7UDQVSRUWDWLRQDQGORGJLQJ
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• Forgiveness of a loan received by you
You are not required to disclose:
• *LIWVWKDWZHUHQRWXVHGDQGWKDWZLWKLQGD\VDIWHU UHFHLSWZHUHUHWXUQHGWRWKHGRQRURUGHOLYHUHGWRD
charitable organization or government agency without
being claimed by you as a charitable contribution for tax purposes
• *LIWVIURP\RXUVSRXVHRUUHJLVWHUHGGRPHVWLFSDUWQHU FKLOGSDUHQWJUDQGSDUHQWJUDQGFKLOGEURWKHUVLVWHUDQG certain other family members (See Regulation 18942 for a FRPSOHWHOLVW
7KHH[FHSWLRQGRHVQRWDSSO\LIWKHGRQRU
was acting as an agent or intermediary for a reportable source who was the true donor.
• Gifts of similar value exchanged between you and an
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• $PRQHWDU\EHTXHVWRULQKHULWDQFH
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investments or real property may be reportable on other VFKHGXOHV
• 3HUVRQDOL]HGSODTXHVRUWURSKLHVZLWKDQLQGLYLGXDOYDOXHRI less than $250
• Campaign contributions
• 8SWRWZRWLFNHWVIRU\RXURZQXVHWRDWWHQGDIXQGUDLVHU IRUDFDPSDLJQFRPPLWWHHRUFDQGLGDWHRUWRDIXQGUDLVHU for an organization exempt from taxation under Section
F
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be received from the organization or committee holding the fundraiser.
• Gifts given to members of your immediate family if the source has an established relationship with the family
member and there is no evidence to suggest the donor had DSXUSRVHWRLQÀXHQFH\RX
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the admission is provided by the person who organizes the event.
• $Q\RWKHUSD\PHQWQRWLGHQWL¿HGDERYHWKDWZRXOG
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To Complete Schedule D:
• 'LVFORVHWKHIXOOQDPH
QRWDQDFURQ\P
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• 3URYLGHWKHGDWH
PRQWKGD\DQG\HDU
RIUHFHLSWDQG
disclose the fair market value and description of the gift.
FPPC Form 700 (2022/2023)
[email protected] • 866-275-3772 • www.fppc.ca.gov
Page - 16
DocuSign Envelope ID: AA283F80-4DEE-484F-B039-D54D30FC13A1 #6..
- 161 -
SCHEDULE E
Income – Gifts
7UDYHO3D\PHQWV$GYDQFHV
and Reimbursements
Name
Comments:
700 FAIR POLITICAL PRACTICES COMMISSION
CALIFORNIA FORM
x 0DUNHLWKHUWKHJLIWRULQFRPHER[
• 0DUNWKH³
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• For gifts of travel, provide the travel destination.
'$7(
6 / / - / / AMT: $
(If gift)
'$7(
6 / / - / / AMT: $
(If gift)
ŹNAME OF SOURCE (Not an Acronym)
ADDRESS (Business Address Acceptable)
&,7<$1'67$7(
F
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&,7<$1'67$7(
F
RU'(6&5,%(%86,1(66$&7,9,7<,)$1<2)6285&(
ŹNAME OF SOURCE (Not an Acronym)
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&,7<$1'67$7(
F
RU'(6&5,%(%86,1(66$&7,9,7<,)$1<2)6285&(
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ADDRESS (Business Address Acceptable)
&,7<$1'67$7(
F
RU'(6&5,%(%86,1(66$&7,9,7<,)$1<2)6285&(
ŹMUST CHECK ONE:
Made a Speech/Participated in a Panel
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ŹMUST CHECK ONE:
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Other - Provide Description
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Other - Provide Description
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'$7(
6 / / - / / AMT: $
(If gift)
'$7(
6 / / - / / AMT: $
(If gift)
FPPC Form 700 - Schedule E (2022/2023)
[email protected] • 866-275-3772 • www.fppc.ca.gov
Page - 17
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DocuSign Envelope ID: AA283F80-4DEE-484F-B039-D54D30FC13A1 #6..
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Travel payments reportable on Schedule E include advances DQGUHLPEXUVHPHQWVIRUWUDYHODQGUHODWHGH[SHQVHV
including lodging and meals.
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payments received. You must disclose income totaling
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Instructions – Schedule E
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and Reimbursements
FPPC Form 700 (2022/2023)
[email protected] • 866-275-3772 • www.fppc.ca.gov
Page - 18
DocuSign Envelope ID: AA283F80-4DEE-484F-B039-D54D30FC13A1 #6..
- 163 -
Restrictions and Prohibitions
The Political Reform Act (Gov. Code Sections 81000-
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and employees to publicly disclose their economic
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member of the public to inspect and receive a copy
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in any event not later than the second business
day after the statement is received. Access to the
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FPPC Form 700 (2022/2023)
[email protected] • 866-275-3772 • www.fppc.ca.gov
Page - 19
DocuSign Envelope ID: AA283F80-4DEE-484F-B039-D54D30FC13A1 #6..
- 164 -
Questions and Answers
General
Q. What is the reporting period for disclosing interests RQDQDVVXPLQJRႈFHVWDWHPHQWRUDFDQGLGDWH
statement?
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Investment Disclosure
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$ 'LVFORVHWKHQDPHRIWKHWUXVWWKHUHQWDOSURSHUW\DQG its income on Schedule A-2. Your primary residence
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FPPC Form 700 (2022/2023)
[email protected] • 866-275-3772 • www.fppc.ca.gov
Page - 20
DocuSign Envelope ID: AA283F80-4DEE-484F-B039-D54D30FC13A1 #6..
- 165 -
Questions and Answers
Continued
Q. The value of my stock changed during the reporting
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Income Disclosure
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FPPC Form 700 (2022/2023)
[email protected] • 866-275-3772 • www.fppc.ca.gov
Page - 21
DocuSign Envelope ID: AA283F80-4DEE-484F-B039-D54D30FC13A1 #6..
- 166 -
Questions and Answers
Continued
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FPPC Form 700 (2022/2023)
[email protected] • 866-275-3772 • www.fppc.ca.gov
Page - 22
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- 167 -
Gift Disclosure
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reportable gifts?
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Questions and Answers
Continued
FPPC Form 700 (2022/2023)
[email protected] • 866-275-3772 • www.fppc.ca.gov
Page - 23
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- 168 -
Form W-9
(Rev. October 2018)
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
a Go to www.irs.gov/FormW9 for instructions and the latest information.
Give Form to the
requester. Do not
send to the IRS.
Print or type.
See Specific Instructions on page 3.
1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the following seven boxes.
Individual/sole proprietor or
single-member LLC
C Corporation S Corporation Partnership Trust/estate
Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) a Note: Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner.
Other (see instructions) a
4 Exemptions (codes apply only to
certain entities, not individuals; see
instructions on page 3):
Exempt payee code (if any)
Exemption from FATCA reporting
code (if any)
(Applies to accounts maintained outside the U.S.)
5 Address (number, street, and apt. or suite no.) See instructions. 6 City, state, and ZIP code
Requester’s name and address (optional)
7 List account number(s) here (optional)
Part I Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later.
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Number To Give the Requester for guidelines on whose number to enter.
Social security number
– –
or
Employer identification number
–
Part II Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later.
Sign
Here Signature of
U.S. person a Date a
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.
Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9.
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid)
• Form 1099-DIV (dividends, including those from stocks or mutual funds)
• Form 1099-MISC (various types of income, prizes, awards, or gross proceeds)
• Form 1099-B (stock or mutual fund sales and certain other transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN.
If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later.
Cat. No. 10231X Form W-9 (Rev. 10-2018) !"#$%&'%(&)*+#& ,-,-%,-#.%/#0**#%
(&)*+#&1%!2%34546 !"#$!#$!$" 3 6 4 2 0 9 0
6 8 7 1 9 7
Peter Sorckoff Seer World LLC 74 Woodstock Road Roswell, GA 30075 6 0 7 8 4
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- 169 -
Form W-9 (Rev. 10-2018) Page 2
By signing the filled-out form, you:
1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and
4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting, later, for further information.
Note: If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester’s form if it is substantially similar to this Form W-9.
Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are:
• An individual who is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States; • An estate (other than a foreign estate); or
• A domestic trust (as defined in Regulations section 301.7701-7).
Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners’ share of effectively connected taxable income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income.
In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States.
• In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity;
• In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and
• In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust.
Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities).
Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a “saving clause.” Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes.
If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items.
1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien.
2. The treaty article addressing the income.
3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions.
4. The type and amount of income that qualifies for the exemption from tax.
5. Sufficient facts to justify the exemption from tax under the terms of the treaty article.
Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to support that exemption.
If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233.
Backup Withholding
What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 24% of such payments. This is called “backup withholding.” Payments that may be subject to backup withholding include interest, tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding.
You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return.
Payments you receive will be subject to backup withholding if:
1. You do not furnish your TIN to the requester,
2. You do not certify your TIN when required (see the instructions for Part II for details),
3. The IRS tells the requester that you furnished an incorrect TIN,
4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or
5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only).
Certain payees and payments are exempt from backup withholding.
See Exempt payee code, later, and the separate Instructions for the Requester of Form W-9 for more information.
Also see Special rules for partnerships, earlier.
What is FATCA Reporting?
The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code, later, and the Instructions for the Requester of Form W-9 for more information.
Updating Your Information
You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, if the grantor of a grantor trust dies.
Penalties
Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect.
Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty.
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Form W-9 (Rev. 10-2018) Page 3
Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or imprisonment.
Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties.
Specific Instructions
Line 1
You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return.
If this Form W-9 is for a joint account (other than an account maintained by a foreign financial institution (FFI)), list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9. If you are providing Form W-9 to an FFI to document a joint account, each holder of the account that is a U.S. person must provide a Form W-9.
a. Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name.
Note: ITIN applicant: Enter your individual name as it was entered on your Form W-7 application, line 1a. This should also be the same as the name you entered on the Form 1040/1040A/1040EZ you filed with your application.
b. Sole proprietor or single-member LLC. Enter your individual name as shown on your 1040/1040A/1040EZ on line 1. You may enter your business, trade, or “doing business as” (DBA) name on line 2. c. Partnership, LLC that is not a single-member LLC, C
corporation, or S corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2.
d. Other entities. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2.
e. Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from its owner is treated as a “disregarded entity.” See Regulations section 301.7701-2(c)(2)(iii). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner's name is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, “Business name/disregarded entity name.” If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9.
This is the case even if the foreign person has a U.S. TIN.
Line 2
If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it on line 2.
Line 3
Check the appropriate box on line 3 for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box on line 3.
IF the entity/person on line 1 is
a(n) . . .
THEN check the box for . . .
• Corporation Corporation
• Individual
• Sole proprietorship, or
• Single-member limited liability
company (LLC) owned by an
individual and disregarded for U.S.
federal tax purposes.
Individual/sole proprietor or singlemember LLC
• LLC treated as a partnership for
U.S. federal tax purposes,
• LLC that has filed Form 8832 or
2553 to be taxed as a corporation,
or
• LLC that is disregarded as an
entity separate from its owner but
the owner is another LLC that is
not disregarded for U.S. federal tax
purposes.
Limited liability company and enter
the appropriate tax classification.
(P= Partnership; C= C corporation;
or S= S corporation)
• Partnership Partnership
• Trust/estate Trust/estate
Line 4, Exemptions
If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space on line 4 any code(s) that may apply to you.
Exempt payee code.
• Generally, individuals (including sole proprietors) are not exempt from backup withholding.
• Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends. • Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions. • Corporations are not exempt from backup withholding with respect to attorneys’ fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC.
The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space in line 4. 1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2)
2—The United States or any of its agencies or instrumentalities 3—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities 4—A foreign government or any of its political subdivisions, agencies, or instrumentalities
5—A corporation
6—A dealer in securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or possession
7—A futures commission merchant registered with the Commodity Futures Trading Commission
8—A real estate investment trust
9—An entity registered at all times during the tax year under the Investment Company Act of 1940
10—A common trust fund operated by a bank under section 584(a) 11—A financial institution
12—A middleman known in the investment community as a nominee or custodian
13—A trust exempt from tax under section 664 or described in section 4947
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Form W-9 (Rev. 10-2018) Page 4
The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13.
IF the payment is for . . . THEN the payment is exempt
for . . .
Interest and dividend payments All exempt payees except for 7
Broker transactions Exempt payees 1 through 4 and 6
through 11 and all C corporations.
S corporations must not enter an
exempt payee code because they
are exempt only for sales of
noncovered securities acquired
prior to 2012.
Barter exchange transactions and
patronage dividends
Exempt payees 1 through 4
Payments over $600 required to be
reported and direct sales over
$5,0001
Generally, exempt payees
1 through 52
Payments made in settlement of
payment card or third party network
transactions
Exempt payees 1 through 4
1 See Form 1099-MISC, Miscellaneous Income, and its instructions. 2 However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys’ fees, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by a federal executive agency.
Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with “Not Applicable” (or any similar indication) written or printed on the line for a FATCA exemption code.
A—An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37) B—The United States or any of its agencies or instrumentalities C—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities D—A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(c)(1)(i)
E—A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1.1472-1(c)(1)(i) F—A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state
G—A real estate investment trust
H—A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940
I—A common trust fund as defined in section 584(a)
J—A bank as defined in section 581
K—A broker
L—A trust exempt from tax under section 664 or described in section 4947(a)(1)
M—A tax exempt trust under a section 403(b) plan or section 457(g) plan
Note: You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed.
Line 5
Enter your address (number, street, and apartment or suite number).
This is where the requester of this Form W-9 will mail your information returns. If this address differs from the one the requester already has on file, write NEW at the top. If a new address is provided, there is still a chance the old address will be used until the payor changes your address in their records.
Line 6
Enter your city, state, and ZIP code.
Part I. Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below.
If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN.
If you are a single-member LLC that is disregarded as an entity separate from its owner, enter the owner’s SSN (or EIN, if the owner has one). Do not enter the disregarded entity’s EIN. If the LLC is classified as a corporation or partnership, enter the entity’s EIN.
Note: See What Name and Number To Give the Requester, later, for further clarification of name and TIN combinations.
How to get a TIN. If you do not have a TIN, apply for one immediately.
To apply for an SSN, get Form SS-5, Application for a Social Security Card, from your local SSA office or get this form online at www.SSA.gov. You may also get this form by calling 1-800-772-1213.
Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS-4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/Businesses and clicking on Employer Identification Number (EIN) under Starting a Business. Go to www.irs.gov/Forms to view, download, or print Form W-7 and/or Form SS-4. Or, you can go to www.irs.gov/OrderForms to place an order and have Form W-7 and/or SS-4 mailed to you within 10 business days.
If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write “Applied For” in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60-day rule does not apply to other types of payments.
You will be subject to backup withholding on all such payments until you provide your TIN to the requester.
Note: Entering “Applied For” means that you have already applied for a TIN or that you intend to apply for one soon.
Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W-8.
Part II. Certification
To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if item 1, 4, or 5 below indicates otherwise.
For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code, earlier.
Signature requirements. Complete the certification as indicated in items 1 through 5 below.
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1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983.
You must give your correct TIN, but you do not have to sign the certification.
2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form.
3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification.
4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. “Other payments” include payments made in the course of the requester’s trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations).
5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), ABLE accounts (under section 529A), IRA, Coverdell ESA, Archer MSA or HSA contributions or
distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification.
What Name and Number To Give the Requester
For this type of account: Give name and SSN of:
1. Individual The individual
2. Two or more individuals (joint
account) other than an account
maintained by an FFI
The actual owner of the account or, if
combined funds, the first individual on
the account1
3. Two or more U.S. persons
(joint account maintained by an FFI)
Each holder of the account
4. Custodial account of a minor
(Uniform Gift to Minors Act)
The minor2
5. a. The usual revocable savings trust
(grantor is also trustee)
b. So-called trust account that is not
a legal or valid trust under state law
The grantor-trustee1
The actual owner1
6. Sole proprietorship or disregarded
entity owned by an individual
The owner3
7. Grantor trust filing under Optional
Form 1099 Filing Method 1 (see
Regulations section 1.671-4(b)(2)(i)
(A))
The grantor*
For this type of account: Give name and EIN of:
8. Disregarded entity not owned by an
individual
The owner
9. A valid trust, estate, or pension trust Legal entity4
10. Corporation or LLC electing
corporate status on Form 8832 or
Form 2553
The corporation
11. Association, club, religious,
charitable, educational, or other taxexempt organization The organization
12. Partnership or multi-member LLC The partnership
13. A broker or registered nominee The broker or nominee For this type of account: Give name and EIN of:
14. Account with the Department of
Agriculture in the name of a public
entity (such as a state or local
government, school district, or
prison) that receives agricultural
program payments
The public entity
15. Grantor trust filing under the Form
1041 Filing Method or the Optional
Form 1099 Filing Method 2 (see
Regulations section 1.671-4(b)(2)(i)(B))
The trust
1 List first and circle the name of the person whose number you furnish.
If only one person on a joint account has an SSN, that person’s number must be furnished.
2 Circle the minor’s name and furnish the minor’s SSN.
3 You must show your individual name and you may also enter your business or DBA name on the “Business name/disregarded entity” name line. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN.
4 List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Also see Special rules for partnerships, earlier.
*Note: The grantor also must provide a Form W-9 to trustee of trust.
Note: If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed.
Secure Your Tax Records From Identity Theft
Identity theft occurs when someone uses your personal information such as your name, SSN, or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund.
To reduce your risk:
• Protect your SSN,
• Ensure your employer is protecting your SSN, and
• Be careful when choosing a tax preparer.
If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter.
If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form 14039.
For more information, see Pub. 5027, Identity Theft Information for Taxpayers.
Victims of identity theft who are experiencing economic harm or a systemic problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059.
Protect yourself from suspicious emails or phishing schemes.
Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft.
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The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts.
If you receive an unsolicited email claiming to be from the IRS, forward this message to [email protected]. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1-800-366-4484. You can forward suspicious emails to the Federal Trade Commission at [email protected] or report them at www.ftc.gov/complaint. You can contact the FTC at www.ftc.gov/idtheft or 877-IDTHEFT (877-438-4338).
If you have been the victim of identity theft, see www.IdentityTheft.gov and Pub. 5027.
Visit www.irs.gov/IdentityTheft to learn more about identity theft and how to reduce your risk.
Privacy Act Notice
Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information.
Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer.
Certain penalties may also apply for providing false or fraudulent information.
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
December 10, 2024
Date: November 12, 2024
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Agreement with Modesto Improvement Partnership for Downtown Beautification CONTACT: Trevin W. Barber, Economic Development Manager [email protected], 209-571-5566
DESCRIPTION:
Consider approving a Modesto Forward Grant Agreement with the Modesto Improvement Partnership, Inc, (MIP) for Downtown Beautification not to exceed $700,000. (Funding Source:
American Rescue Plan Act Funds)
STRATEGIC PLAN ELEMENT:
The recommended action supports the City’s Strategic Plan Area of Focus: Quality of Life Goal A: “Improve community safety and quality of life through a combination of prevention and intervention efforts that address safety and its underlying issues” and Goal B: “Increase pride in Modesto’s diverse neighborhoods and business districts through beautification efforts and by investing in community assets and amenities.”
BACKGROUND:
On March 11, 2021, President Joe Biden signed the American Rescue Plan Act (ARPA) into law. The City of Modesto received approximately $45.8 million in ARPA funds in two tranches to address the continued impact of the COVID-19 pandemic on the economy, public health, individuals, and businesses.
The City of Modesto may use ARPA funds to address a number of areas, including:
1. Replace revenue that was lost, delayed, or decreased as determined based on the projections as of January 27, 2020, as a result of the COVID-19 emergency.
2. Respond to the COVID-19 emergency and address its economic effects, including aid to households, small businesses, nonprofits, and industries such as tourism and hospitality.
3. Cost overruns incurred as a result of the COVID-19 pandemic emergency.
On May 25, 2021, the City Council approved Resolution No. 2021-194 approving the Pandemic Recovery Strategy, Modesto Forward, and the associated spending plan for the American Rescue Plan funds. The Modesto Forward plan allocated funding to support the #7..
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Agreement with Modesto Improvement Partnership for Downtown Beautification