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*Via Teleconference
Council Member Ricci
DoubleTree New York Times Square South|
525 8th Avenue
New York, NY 10018
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, January 28, 2025 at 5:30 PM
Special City Council - Closed Session Meeting 4 p.m.:
Roll Call – Present: Councilmembers Alvarez (Arrived 4:10 P.M.), Bavaro, Escutia-Braaton, *Ricci, Williams, Wright, Mayor Zwahlen
Absent: None
Regular City Council Meeting, 5:30 p.m.:
Roll Call – Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, *Ricci, Williams, Wright, Mayor Zwahlen
Absent: None
Pledge of Allegiance to the Flag
Invocation: None
City Clerk’s Announcements: The Hearing about red light cameras was scheduled for this evening but will not take place. It will be rescheduled for a future City Council meeting.
Declaration of Conflicts of Interest: None
Reports from Closed Session meeting: No reportable action. - 2 -
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ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring February as National Black History Month. (Funding Source:
Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected] ACTION: Mayor Zwahlen presented proclamation declaring February as National Black History Month.
2. Proclamation declaring February as National Cancer Prevention Month. (Funding Source: Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected] ACTION: Mayor Zwahlen presented proclamation declaring February as National Cancer Prevention Month.
MISCELLANEOUS
3. Consider accepting the resignation of Kyle Ford from the Housing Rehabilitation Loan Committee. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution accepting the resignation of Kyle Ford from the Housing Rehabilitation Loan Committee.
CED; Edgar Garcia, 209-571-5101, [email protected] ACTION: (Williams/Wright; 7/0) Resolution 2025-034 accepting the resignation of Kyle Ford from the Housing Rehabilitation Loan Committee.
4. Consider approving the appointment of David Harris and Larry Sanders to the City of Modesto Citizens’ Housing and Community Development Committee with terms expiring December 31, 2028. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the appointment of David Harris and Larry Sanders to the City of Modesto Citizens’ Housing and Community Development Committee with terms expiring December 31, 2028.
CED; Edgar Garcia, 209-577-5211, [email protected] ACTION: (Escutia-Braaton/Williams; 7/0) Resolution 2025-035 approving the appointment of David Harris and Larry Sanders to the City of Modesto Citizens’ Housing and Community Development Committee with terms expiring December 31, 2028.
5. Consider approving the appointment of Margie Johnson as the Citizen’s Housing and Community Development Committee (CH&CDC) Representative to the Housing Rehabilitation Loan Committee (HRLC), with a term expiration of December 31, 2025. (Funding Source: Not Applicable)
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Staff Recommendation:
Resolution approving the appointment of Margie Johnson to the Housing Rehabilitation Loan Committee as a Citizen’s Housing and Community Development (CH&CDC) Representative for 2025, with a term expiration of December 31, 2025.
CED; Edgar Garcia, 209-571-5101, [email protected] ACTION: (Wright/Alvarez; 7/0) Resolution 2025-036 approving the appointment of Margie Johnson to the Housing Rehabilitation Loan Committee as a Citizen’s Housing and Community Development (CH&CDC) Representative for 2025, with a term expiration of December 31, 2025.
6. Consider approving the appointment of Emmanuel Becerra and Jim Bishop as City of Modesto Representatives to the Tuolumne River Regional Park Citizens Advisory Committee (TRRP CAC) through December 31, 2028. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the appointment of Emmanuel Becerra and Jim Bishop as City of Modesto Representatives to the Tuolumne River Regional Park Citizens Advisory Committee (TRRP CAC) through December 31, 2028.
ENGINEERING SERVICES; Nathan Houx, 209-571-5526, [email protected] ACTION: (Williams/Alvarez; 7/0) Resolution 2025-037 approving the appointment of Emmanuel Becerra and Jim Bishop as City of Modesto Representatives to the Tuolumne River Regional Park Citizens Advisory Committee (TRRP CAC) through December 31, 2028.
PUBLIC COMMENT IN PERSON
Nancy Robinson, president of the Modesto Garden Club, announced two events: Arbor Day on March 7th at 10:00 AM at Enslen Park, featuring a valley oak tree planting, and the Spring Garden Tour on April 12th, which funds $9,000 in scholarships for horticulture students.
Rhonda Allen praised the Modesto Garden Club for planting a native valley oak tree, highlighting its environmental and health benefits. She emphasized the need for more native trees to support wildlife and air quality. As part of an urban tree committee, she advocates for ecologically friendly tree planting and urged the Council to support these efforts.
Dean Richardson, a Modesto resident and member of Urban Forest Modesto, voiced support for the Modesto Garden Club's Arbor Day celebration on March 7th. He praised Measure H for revitalizing the City's Forestry Department and encouraged the Council to attend the event. He highlighted the long-term benefits of tree planting, reminding everyone that today's efforts will provide much-needed shade in the future. - 4 -
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Diane Kroeze criticized the City Council for ignoring homelessness and urged them to create small, safe sleeping zones with basic amenities. She condemned law enforcement's treatment of the homeless and expressed concerns over immigration enforcement and recent Presidential pardons. She called for humane action and prioritization of people over ideology.
Steve Horne raised concerns about Modesto's outdated regulations for non-emergency medical transportation, which are not compliant with California law. He suggested discussing the issue with the City Attorney or adding it to a future agenda, as the current rules hinder transportation providers and limit access to services for Medi-Cal beneficiaries. He noted that he could not operate in Modesto due to these regulations. Carole Dovichi, president of the McHenry Mansion Foundation, expressed concern over the McHenry Museum Historical Society’s financial practices. She revealed that the Educational Director is paid $68,000 but has not organized a fundraiser in three years.
After questioning the use of $300,000 in funds, Carole and others were denied board membership and asked to stop attending meetings. She highlighted her commitment to the McHenry Mansion, which she believes operates well as a nonprofit. Sandy Nerland, a McHenry Museum docent, revealed that the museum has not renewed its nonprofit registration for over four years, meaning it is not legally operating as a nonprofit. She stated that funds raised by the society have not gone to the museum but were used for a children's book. She urged the Council to address these issues before allowing the society to continue operating.
Margie Neder agreed with the comments from Carole Dovichi and Sandy Nerland. Kevin McClarty praised the City's new remote participation format and corrected the myth that Modesto was a desert, explaining it was once a riparian woodland. He emphasized the importance of protecting California's water, especially in light of President Trump's directive on water release, and urged the City to safeguard its water resources, given the region’s role in agriculture.
Jerry Thompson shared that at a meeting about the former county courthouse development, the community wanted upscale apartments, shops like a wine-tasting room, and a grocery store with local produce. They also suggested outdoor activities like a roller-skating rink for families. He praised the City’s Street program, noting homeless individuals help keep the streets clean and emphasized educating the public about this. Amanda Buehler raised concerns about student safety at Orchard Elementary, where drivers frequently ignore crosswalks. Despite contacting the Principal, Modesto PD, and the Engineering Department, no action has been taken. She requested the City Council address the lack of safety signs and flashing signals at the school, noting that other schools have received improvements.
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CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS: 7-14, 16-18 (Wright/Escutia-Braaton; 7/0)
CONSENT
Consent
7. Consider approving the minutes for the January 14, 2025 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes for the January 14, 2025 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Motion approving the minutes for the January 14, 2025 Council Meeting.
Consent
8. Consider approving Final Adoption of Ordinance 3789-C.S. Amending Section 3-
2.1401.1 of Article 14 of Chapter 2 of title 3 of the Modesto Municipal Code relating to Speed Limits. (Funding Source: Not Applicable)
Motion approving Final Adoption of Ordinance 3789-C.S. Amending Section 3-2.1401.1 of Article 14 of Chapter 2 of title 3 of the Modesto Municipal Code relating to Speed Limits.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Motion approving Final Adoption of Ordinance 3789-C.S. Amending Section 3-2.1401.1 of Article 14 of Chapter 2 of title 3 of the Modesto Municipal Code relating to Speed Limits.
Consent
9. Consider approving the First Amendment for the Consultant Services Agreement with De Novo Planning Group for Specific Plan Services increasing the Agreement amount by $400,000. (Funding Source: Developer Fees)
Resolution approving the First Amendment increasing the Consultant Services Agreement amount with De Novo Planning Group for Specific Plan Services by $400,000 from $500,000 to a new total amount of $900,000; and authorizing the City Manager or his designee to execute the Amendment.
CED; Leslie Danhoff, 209-577-5211, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2025-038 approving the First Amendment increasing the Consultant Services Agreement amount with De Novo Planning Group for Specific Plan Services by $400,000 from $500,000 to a new total amount of $900,000; and authorizing the City Manager or his designee to execute the Amendment.
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Consent
10. Consider approving the Second Amendment for the Consultant Services Agreement with De Novo Planning Group for Environmental Planning Services increasing the Agreement amount by $1,200,000. (Funding Source: Developer Fees) Resolution approving the Second Amendment increasing the Consultant Services Agreement amount with De Novo Planning Group for Environmental Planning Services by $1,200,000 from $900,000 to a new total amount of $2,100,000; and authorizing the City Manager or his designee to execute the Amendment.
CED; Leslie Danhoff, 209-577-5211, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2025-039 approving the Second Amendment increasing the Consultant Services Agreement amount with De Novo Planning Group for Environmental Planning Services by $1,200,000 from $900,000 to a new total amount of $2,100,000; and authorizing the City Manager or his designee to execute the Amendment.
Consent
11. Consider approving a First Amendment to the Agreement with Stanislaus County Affordable Housing Corporation, Modesto, California for Master Development Services for Bridge Housing Projects increasing the Agreement amount by $625,000 to a new total amount of $700,000. (Funding Source: Measure H Funds) Resolution approving a First Amendment to the Agreement with Stanislaus County Affordable Housing Corporation (StanCo), Modesto, CA for Master Development Services of Bridge Housing Projects increasing the Agreement amount by $625,000 to a new total amount of $700,000 and authorizing the City Manager, or his designee, to execute the required amendment, and rescinding Resolution No. 2024-338.
CED; Edgar Garcia, 209-577-5211, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2025-040 approving a First Amendment to the Agreement with Stanislaus County Affordable Housing Corporation (StanCo), Modesto, CA for Master Development Services of Bridge Housing Projects increasing the Agreement amount by $625,000 to a new total amount of $700,000 and authorizing the City Manager, or his designee, to execute the required amendment, and rescinding Resolution No. 2024-338.
Consent
12. Consider approving a Resolution of Intention to form City of Modesto Community Facilities District (CFD) No. 2025-1 (Kiernan Business Park South #2) and replacing City of Modesto Community Facilities District No. 2012-1 (Kiernan Business Park South). (Funding Source: Developer Deposits)
Resolution of Intention of the City Council of the City of Modesto, California, to establish City of Modesto Community Facilities District No. 2025-1 (Kiernan Business Park South #2) replacing CFD No. 2012-1, and to authorize the levy of special taxes within said Community Facilities District. - 7 -
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CED; Edgar Garcia, 209-577-5211, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution of Intention 2025-041 of the City Council of the City of Modesto, California, to establish City of Modesto Community Facilities District No. 2025-1 (Kiernan Business Park South #2) replacing CFD No. 2012-1, and to authorize the levy of special taxes within said Community Facilities District.
Consent
13. Consider accepting the Monthly Investment Report for November 2024. (Funding Source: Various Funds)
Motion accepting the Monthly Investment Report for November 2024.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
ACTION: (Wright/Escutia-Braaton; 7/0) Motion accepting the Monthly Investment Report for November 2024.
Consent
14. Consider accepting an Informational Report for the November 2024 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Motion accepting an Informational Report for the November 2024 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Wright/Escutia-Braaton; 7/0) Motion accepting an Informational Report for the November 2024 Accounts Payable Payment Register and Void Report.
Removed from Consent
Consent
15. Consider approving the Third Amendment to the Agreement for the Operation of the King-Kennedy Memorial Center with the West Modesto Community Collaborative to amend the Agreement to a month-to-month basis until July 1, 2025. (Funding Source:
General Fund)
Resolution approving the Third Amendment to the Agreement for the Operation of the King-Kennedy Memorial Center with the West Modesto Community Collaborative to amend the Agreement to a month-to-month basis until July 1, 2025, and authorizing the City Manager, or his designee, to execute the Amendment.
PRN; John Skeel, 209-577-5216, [email protected]
ACTION: (Wright/Alvarez; 7/0) Resolution 2025-042 approving the Third Amendment to the Agreement for the Operation of the King-Kennedy Memorial Center with the West Modesto Community Collaborative to amend the Agreement to a - 8 -
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month-to-month basis until July 1, 2025, and authorizing the City Manager, or his designee, to execute the Amendment.
Consent
16. Consider approving the Plans and Specifications for the Bret Harte Neighborhood Strengthen & Replace Water Mains Phase 1B Project, accepting the Bid and Awarding a Construction Contract to Mid Cal Pipeline & Utilities, Inc., of Merced, CA in the amount of $1,731,369, authorizing 15% in contingency (if needed), for a total amount not to exceed $1,991,075, and approving an Agreement with Siegfried Engineering, of Modesto, CA, for Engineering Support During Construction in the amount of $29,800, plus $2,980 in additional services (if needed), for a total amount not to exceed $32,780. (Funding Source: Water Fund)
Resolution approving the Plans and Specifications for the Bret Harte Neighborhood Strengthen & Replace Water Mains Phase 1B Project, accepting the Bid and Awarding a Construction Contract to Mid Cal Pipeline & Utilities, of Merced, CA in the amount of $1,731,369, authorizing the Director of Engineering Services to approve Change Orders up to the cumulative amount of $259,706, 15% of the original contract price, for a total payment amount not to exceed $1,991,075 and authorizing the City Manager, or his designee, to execute the Contract.
Resolution approving an Engineering Support during Construction Agreement with Siegfried Engineering, of Modesto, CA, for the Bret Harte Neighborhood Strengthen & Replace Water Mains Phase 1B Project in the amount of $29,800, plus $2,980 in additional services, if needed, for a total amount not to exceed $32,780 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution amending the Fiscal Year 2024-25 Capital Improvement Program Budget in the amount of $678,500 to be transferred into the Project from Water Fund Reserves to fund the Bret Harte Neighborhood Strengthen & Replace Water Mains Phase 1B Project and authorizing the City Manager, or his designee, to implement the provision of the Resolution.
UTILITIES; Edgar Vargas, 209-577-5424, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2025-043 approving the Plans and Specifications for the Bret Harte Neighborhood Strengthen & Replace Water Mains Phase 1B Project, accepting the Bid and Awarding a Construction Contract to Mid Cal Pipeline & Utilities, of Merced, CA in the amount of $1,731,369, authorizing the Director of Engineering Services to approve Change Orders up to the cumulative amount of $259,706, 15% of the original contract price, for a total payment amount not to exceed $1,991,075 and authorizing the City Manager, or his designee, to execute the Contract.
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2025-044 approving an Engineering Support during Construction Agreement with Siegfried Engineering, of Modesto, CA, for the Bret Harte Neighborhood Strengthen & Replace Water Mains - 9 -
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Phase 1B Project in the amount of $29,800, plus $2,980 in additional services, if needed, for a total amount not to exceed $32,780 and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2025-045 amending the Fiscal Year 2024-25 Capital Improvement Program Budget in the amount of $678,500 to be transferred into the Project from Water Fund Reserves to fund the Bret Harte Neighborhood Strengthen & Replace Water Mains Phase 1B Project and authorizing the City Manager, or his designee, to implement the provision of the Resolution.
Consent
17. Consider approving an Amended and Restated Memorandum of Agreement with Stanislaus County for the West Modesto Sewer Infrastructure Project:
Spencer/Marshall Neighborhood – County Area 7. (Funding Source: Wastewater Fund) Resolution approving an Amended and Restated Memorandum of Agreement with Stanislaus County for the West Modesto Sewer Infrastructure Project:
Spencer/Marshall Neighborhood – County Area 7 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving an Amendment to the Fiscal Year 2024-25 Multi-Year Program Budget in the amount of $2,693,506 from Wastewater Reserves to fund the Construction Phase of the Septic to Sewer Program – County Area 7 and authorizing the City Manager, or his designee, to implement the provisions of the Resolution.
UTILITIES; Miguel Alvarez, 209-577-5348, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2025-046 approving an Amended and Restated Memorandum of Agreement with Stanislaus County for the West Modesto Sewer Infrastructure Project: Spencer/Marshall Neighborhood – County Area 7 and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2025-047 approving an Amendment to the Fiscal Year 2024-25 Multi-Year Program Budget in the amount of $2,693,506 from Wastewater Reserves to fund the Construction Phase of the Septic to Sewer Program – County Area 7 and authorizing the City Manager, or his designee, to implement the provisions of the Resolution.
Consent
18. Consider approving an Amended and Restated Memorandum of Agreement with Stanislaus County for the West Modesto Sewer Infrastructure Project: Rouse/Colorado Neighborhood - County Area 9. (Funding Source: Wastewater Fund) Resolution approving an Amended and Restated Memorandum of Agreement with Stanislaus County for the West Modesto Sewer Infrastructure Project:
Rouse/Colorado Neighborhood – County Area 9 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving an Amendment to the Fiscal Year 2024-25 Multi-Year Program Budget in the amount of $8,427,259 from Wastewater Reserves to - 10 -
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fund the Construction Phase of the Septic to Sewer Program – County Area 9 and authorizing the City Manager, or his designee, to implement the provisions of the Resolution.
UTILITIES; Miguel Alvarez, 209-577-5348, [email protected] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2025-048 approving an Amended and Restated Memorandum of Agreement with Stanislaus County for the West Modesto Sewer Infrastructure Project: Rouse/Colorado Neighborhood – County Area 9 and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2025-049 approving an Amendment to the Fiscal Year 2024-25 Multi-Year Program Budget in the amount of $8,427,259 from Wastewater Reserves to fund the Construction Phase of the Septic to Sewer Program – County Area 9 and authorizing the City Manager, or his designee, to implement the provisions of the Resolution.
COUNCIL COMMENTS & REPORTS
Council Member Escutia-Braaton praised the Fire Department for their assistance during the Southern California fires, where they sent fire equipment and personnel to help. She also attended a Blue Mass along with Council Member Williams and Vice-Mayor Bavaro at Saint Joseph's Catholic Church to honor first responders, including fire, law enforcement, and EMS personnel. The mass was well-attended, and participants were blessed and treated to a reception hosted by the Knights of Columbus. She expressed gratitude for the community's first responders.
Council Member Ricci thanked residents who attended the public meeting on the future of the old courthouse block, where there was broad support for a mixed-use development with retail, residential units, and spaces that celebrate Modesto's agricultural heritage. He also noted that the Trump administration paused Federal reimbursements, which could affect Stanislaus Regional Transit funding, potentially reducing bus routes. Finally, he highlighted the Community's desire to bring commercial air service back to Modesto, arguing it would stimulate economic growth and infrastructure development for the city.
Council Member Williams expressed gratitude for Stanislaus County firefighters' help in Los Angeles and offered prayers for those affected by the fires. He also reflected on the Martin Luther King celebrations, highlighting the march and commemorative service with community participation. Williams attended a city workshop and praised the opportunity for public input on Modesto’s future. He mentioned the record attendance of Modesto Police Officers at the Blue Mass and noted the 101st birthday of his friend Hal Conkey, a dedicated Kiwanian.
Mayor Zwahlen reported being honored to participate in the Martin Luther King celebration at Christian Love Baptist Church, which was uplifting. She also spoke at a homeless conference hosted by the Stanislaus County Office of Education on January 20th, focusing on - 11 -
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homeless youth. She expressed the importance of ensuring children feel safe and protected during vulnerable times and emphasized the responsibility of adults to make that happen.
CITY MANAGER COMMENTS & REPORTS
The City Manager briefly reported that the City receives various federal funds and is currently evaluating the potential impact of a recent federal funding issue. A judge has temporarily halted the order until February 3rd, allowing time to assess the situation and determine necessary steps to prevent service disruptions.
MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
This meeting adjourned at 6:41 P.M.
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All Closed Session Matters heard prior to the meeting.
CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
(Pursuant to Section 54956.8 of the Government Code)
Property: 1000 L. Street, Modesto CA 95354; APN 105-048-011 Property Owners: Modesto Redevelopment Successor Agency Negotiating Parties:
For City: Joseph P. Lopez, City Manager
For Lessee: Westmont Hospitality Group
Under Negotiation: Terms of Lease
CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
(Pursuant to Section 54956.8 of the Government Code)
Property: 601 Neece Dr., Modesto, CA 95351; APN: 102-012-001 and 102-012-004 Property Owners: City of Modesto
Negotiating Parties:
For City: Joseph P. Lopez, City Manager
For Lessee: DBH Modesto, LLC
Under Negotiation: Price and Terms of Lease
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: D.A. Wood Construction Inc. v. City of Modesto Arbitration Case No.: 01-24-0007-0128
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Two Cases (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Lynnell Fuller-Moore v. City of Modesto California Workers Compensation Appeals Board
Nos. ADJ3378239
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Sean Larsson v. City of Modesto
California Workers Compensation Appeals Board
Nos. Unassigned
Attest: ____________________________
Diane Nayares-Perez, City Clerk