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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, July 22, 2025 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
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To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Council meeting.
Joining the City Council meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can listen by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID: 958 9549 7651 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: Mike Gunnarson, City Ministry Network
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring August 5th as National Night Out. (Funding Source: Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected]
2. Proclamation declaring August 3rd - 9th as National Health Center Week 2025. (Funding Source: Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected]
MISCELLANEOUS
Legislation, Appointments, Other
3. Consider approving the appointment of Evan Yoshino as General Contractor and Douglas Higginbotham as Citizen-at-Large to the Housing Rehabilitation Loan Committee (HRLC), with a four-year term beginning in July 2025 with a term expiration of December 31, 2028. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the appointment of Evan Yoshino as General Contractor and Douglas Higginbotham as the Citizen-at-Large to the Housing Rehabilitation Loan Committee (HLRC), with a term expiration of December 31, 2028.
CED; Edgar Garcia, 209-577-5211, [email protected]
4. Consider approving the appointments of Jamie Reed and Carlos Verduzco to the City of Modesto Entertainment Commission with the terms ending December 31, 2027. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the appointments of Jamie Reed and Carlos Verduzco to the City of Modesto Entertainment Commission with the terms ending December 31, 2027.
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CED; Jessica Hill, 209-577-5321, [email protected]
5. Consider approving the appointment of Liberal “Lee” Avila to the City of Modesto Board of Zoning Adjustment with a term expiring December 31, 2028. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the appointment of Liberal "Lee" Avila to the City of Modesto Board of Zoning Adjustment with a first term expiring December 31, 2028
CED; Jessica Hill, 209-577-5267, [email protected]
6. Consider approving the appointments of Daley Perry, Rachell LeVeige and Diego Capistran to the Equity Commission for partial unexpired terms ending December 31, 2026. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the appointments of Daley Perry, Rachell LeVeige and Diego Capistran to the Equity Commission for partial unexpired terms ending December 31, 2026.
HUMAN RESOURCES; Christina Alger, 209-571-5126, [email protected]
7. Consider approving the appointments of Maria Hernandez, Melanie Webb, and Melissa Burgess to the Blight Abatement Advisory Committee for a four-year term with an expiration date of December 31, 2029. (Funding Source: Not Applicable) Staff Recommendation:
Resolution approving the appointments of Maria Hernandez, Melanie Webb, and Melissa Burgess to the Blight Abatement Advisory Committee for a fouryear term with an expiration date of December 31, 2029.
PUBLIC WORKS; Rosene Nguyen, 209-577-5453, [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.
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CONSENT ITEMS – ROLL CALL VOTE REQUIRED
Information concerning the consent items listed below has been forwarded to each Councilmember prior to this meeting for study. Unless some member of the audience or Councilmember has a question concerning an item and asks that it be withdrawn from the consent list, the Council approves the items at one time. The action taken by the Council in approving consent items is set forth in the explanation of this individual item.
CONSENT
An item may be removed from consent and discussed at the request of an audience member or Council member.
Consent
8. Consider approving the minutes for the June 24, 2025 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes for the June 24, 2025 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
9. Consider approving Final Adoption of Ordinance 3798-C.S. amending Section 5-3-9 Of the Zoning Map of the City Of Modesto to Prezone to Specific Plan (P-Sp) Zone for the Founders Point East Specific Plan, approximately 220 Acres located North of Pelandale Avenue, South of Kiernan Avenue, East of Tully Road and West of the former Tidewater Railroad/Future Virginia Trail Corridor (Fitzpatrick Land Development, LLC). (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving Final Adoption of Ordinance 3798-C.S. amending Section 5- 3-9 Of the Zoning Map of the City Of Modesto to Prezone to Specific Plan (PSp) Zone for the Founders Point East Specific Plan, approximately 220 Acres located North of Pelandale Avenue, South of Kiernan Avenue, East of Tully Road and West of the former Tidewater Railroad/Future Virginia Trail Corridor (Fitzpatrick Land Development, LLC).
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
10. Consider approving Final Adoption of Ordinance 3799-C.S. amending Precise Plan No. 35 South of the Village One Specific Plan to modify the Circulation Plan and adopting the 15162 Analysis and Ceqa Exemption. (Funding Source: Not Applicable) Staff Recommendation:
Motion approving Final Adoption of Ordinance 3799-C.S. amending Precise Plan No. 35 South of the Village One Specific Plan to modify the Circulation Plan and adopting the 15162 Analysis and Ceqa Exemption.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] - 5 -
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Consent
11. Consider approving Amendments to various Legal Services Agreements for continued representation in tort cases, police related matters and personnel matters. (Funding Source: General Liability Insurance Fund)
Staff Recommendation:
Resolution approving a Third Amendment to the Legal Services Agreement with Swingle, Van Egmond & Heitlinger increasing the Agreement amount by $100,000, for a total Agreement amount not to exceed $950,000 for continued representation in tort cases, and authorizing the City Manager or his designee, to execute the Amendment.
Resolution approving a Fourth Amendment to the Legal Services Agreement with Rivera Hewitt Paul, LLP in the amount of $150,000, for a total Agreement amount not to exceed $700,000, for continued representation in police litigation matters and authorizing the City Manager or his designee, to execute the Amendment.
Resolution approving a Second Amendment to the Legal Services Agreement with Angelo, Kilday and Kilduff in the amount of $200,000, for a total Agreement amount not to exceed $345,000 and increasing the hourly rates for continued representation in police litigation matters and authorizing the City Manager or his designee, to execute the Amendment.
Resolution approving a Fourth Amendment to the Legal Services Agreement with Sanders Roberts, LLP in the amount of $150,000, for a total Agreement amount not to exceed $695,000, for continued representation in personnel matters, and authorizing the City Manager, or his designee, to execute the Amendment.
CITY ATTORNEY; Jose Sanchez, 209-577-5288, [email protected] Consent
12. Consider approving the recommended budget adjustments to Fiscal Year 2024-25 Annual Operating and Capital Improvement Program Budgets. (Funding Source:
Various Funds)
Staff Recommendation:
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.
BUDGET; Kaceey Culbertson, 209-571-5855, [email protected] Consent
13. Consider approving Annexation Map #1 to the City of Modesto Community Facilities District No. 2024-1 (Tivoli) and authorizing the levy of special tax on the property located within the annexation map (Funding Source: Developer Deposit) Staff Recommendation:
Resolution approving Annexation #1 to City of Modesto Community Facilities District No. 2024-1 (Tivoli) and authorizing the levy of the special tax on the property located within the annexation map.
CED; Edgar Garcia, 209-577-5211, [email protected] - 6 -
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Consent
14. Consider approving a Tenth Amendment to the Professional Design Services Agreement for the State Route 132 West Freeway/Expressway - Phase 1 Project with Dokken Engineering, increasing the Agreement by $35,000. (Funding Source:
Regional Measure L)
Staff Recommendation:
Resolution approving a Tenth Amendment to the Professional Design Services Agreement for the State Route 132 West Freeway/Expressway - Phase 1 Project with Dokken Engineering, increasing the Agreement by $35,000 to a new total amount not to exceed $9,571,933.
ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected] Consent
15. Consider approving a Cost Sharing Agreement with the County of Stanislaus regarding reimbursement of costs related to the construction of Urban Pocket Area 9 – ColoradoRouse Project. (Funding Source: State Earmark Funds) Staff Recommendation:
Resolution approving a Cost Sharing Agreement with the County of Stanislaus regarding reimbursement of costs related to the construction of Urban Pocket Area 9 – Colorado-Rouse Project and authorizing the City Manager or his designee to execute the Agreement.
ENGINEERING SERVICES; Jaspreet Mangat, 209-577-5253,
[email protected]
Consent
16. Consider approving the Final Map and Subdivision Improvement Agreement (SIA) for the Tivoli Arcadia Unit 1 Subdivision consisting of roughly 18.74 acres located North of Sylvan on future Aria Way APN # 083-004-090. (Funding Source: Developer Fees) Staff Recommendation:
Resolution approving the Final Map for Tivoli Arcadia Unit 1 Subdivision, approving the Subdivision Improvement Agreement and authorizing the City Manager, or designee, to execute the Agreement with the owner, KB Home North Bay LLC and authorize the City Clerk to certify the Final Map and record with the Stanislaus County Recorder’s Office.
ENGINEERING SERVICES; Jaspreet Mangat, 209-577-5253,
[email protected]
Consent
17. Consider approving the Final Map and Subdivision Improvement Agreement (SIA) for the Tivoli Snow Subdivision consisting of roughly 38.91 acres located Northeast corner of Aria Way and Sylvan Avenue APN # 083-004-068. (Funding Source:
Developer Fees)
Staff Recommendation:
Resolution approving the Final Map for Tivoli Snow Subdivision, approving the Subdivision Improvement Agreement and authorizing the City Manager, or - 7 -
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his designee, to execute the Agreement with KB Home North Bay LLC, and authorize the City Clerk to certify the Final Map and record with the Stanislaus County Recorder’s office.
ENGINEERING SERVICES; Jaspreet Mangat, 209-577-5253,
[email protected]
Consent
18. Consider accepting an Informational Report for the May 2025 Accounts Payable Payment Register and Void Report (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an Informational Report for the May 2025 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
19. Consider accepting the Monthly Investment Report for April 2025 (Funding Source:
Various Funds)
Staff Recommendation:
Motion accepting the Monthly Investment Report for April 2025.
FINANCE DEPARTMENT; Calogero Maniscalco, 209-577-5219,
[email protected]
Consent
20. Consider approving the purchase for three Fleet Additions for Fleet Vehicles which includes one Ravo 5-iSeries Compact Sweeper, one Boom Lift Genie Truck and one Ford F-550 Truck in a total amount not to exceed $694,008. (Funding Source: Measure H, Water Fund, and Sewer Fund)
Staff Recommendation:
Resolution approving the Competitive Bidding Process from Sourcewell to RAVO Holding BV, dba Fayat Environmental Solutions Americas Schwarze Industries, Inc., Fairfield, NJ under the authorized dealer, Municipal Maintenance Equipment, Sacramento, CA for the purchase of one Ravo 5- iSeries Compact Sweeper for an amount not to exceed $318,346; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any change orders not to exceed 15% of the total purchase price. Resolution approving the Competitive Bidding Process from Sourcewell to Caterpillar Inc., Deerfield, IL under the authorized dealer, Holt of CA, Salida, CA for the purchase of one Boom Lift Genie Truck for an amount not to exceed $181,500; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any change orders not to exceed 15% of the total purchase price. Resolution approving the Competitive Bidding Process from Sourcewell to Rush Enterprises dba Rush Truck Centers of New Braunfels, TX under the authorized dealer, Rush Medium-Duty Truck Centers of California Inc. dba - 8 -
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Rush Truck Centers, Ceres, CA for the purchase of one Ford F-550 Truck for an amount not to exceed $103,639; and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order; and authorizing the Purchasing Manager or her designee to execute any change orders not to exceed 15% of the total purchase price.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent
21. Consider approving an Agreement with RingCentral, Inc., for Annual Telecommunication Services for a total amount not to exceed $2,058,335 over five years. (Funding Source: Information Technology Fund)
Staff Recommendation:
Resolution approving the Agreement with RingCentral, Inc., Belmont, CA, by utilizing the Competitive Bid Process from Region 4 ESC in partnership with OMNIA Partners, for Annual Telecommunication Services, for a three-year Agreement with two one-year extension options, for annual estimated amount of $411,667 and a total amount not to exceed $2,058,335 over five years and authorizing the City Manager, or his designee, to execute the Agreement.
IT; Kyle Ford, 209-571-5593, [email protected]
Consent
22. Consider approving the First Amendment with Mather Aviation, LLC, Mather, CA, for Aircraft Maintenance and Repair Services increasing the Agreement amount by $427,776 and extending the term of the Agreement from September 30, 2026, to September 30, 2027. (Funding Source: Various Funds)
Staff Recommendation:
Resolution approving the First Amendment with Mather Aviation, LLC, for Aircraft Maintenance and Repair Services increasing the Agreement amount by $427,776, to a new estimated annual amount of $195,848, a new total amount not to exceed $587,544 through the term of the Agreement and extending the term of the Agreement from September 30, 2026, to September 30, 2027; and authorizing the City Manager, or his designee to execute the Amendment.
POLICE DEPARTMENT; Kalani Souza, 209-572-9500, [email protected] Consent
23. Consider approving the Memorandum of Understanding with Stanislaus County for Regional Solid Waste Disposal at Fink Road Landfill, with the term ending on June 30, 2035. (Funding Source: Various)
Staff Recommendation:
Resolution approving the Memorandum of Understanding with Stanislaus County for Regional Solid Waste Disposal at Fink Road Landfill, with the term ending on June 30, 2035, and authorizing the City Manager, or his designee, to execute the Agreement.
PUBLIC WORKS; Kolton Pacheco, 209-577-5493, [email protected] Consent
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24. Consider approving the Sole Source Procurement of a Caterpillar C27 Tier 4 Engine, or equivalent engine meeting Air Board regulations, to Holt of California, Sacramento, CA for an amount not to exceed $271,720. (Funding Source: Compost Operations Fund)
Staff Recommendation:
Resolution approving the Sole Source Procurement of a Caterpillar C27 Tier 4 Engine, or equivalent engine meeting Air Board regulations, to Holt of California, Sacramento, CA for an amount not to exceed $271,720 including a 15% contingency for the repower of the Compost Diamond Z DZH5000 Horizontal, and authorizing the Director of Finance, or her designee, to issue the Purchase Order.
PUBLIC WORKS; Patrick Crowley, 209-342-2274, [email protected] Consent
25. Consider approving an Engineering Services Agreement with West Yost Associates, of Davis, CA for the Salida Community Plan Water Supply Assessment and Water System Evaluation in a total Agreement amount not to exceed $102,410 and entering into a Memorandum of Understanding with Stanislaus County. (Funding Source: Water Fund)
Staff Recommendation:
Resolution approving an Engineering Services Agreement with West Yost Associates, of Davis, CA for the Salida Community Plan Water Supply Assessment and Water System Evaluation in the amount of $93,100, plus $9,310 in additional services, if needed, for a total Agreement amount not to exceed $102,410 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving entering into a Memorandum of Understanding with Stanislaus County regarding reimbursement of costs related to the Salida Community Plan Water Supply Assessment and Water System Evaluation and authorizing the City Manager, or his designee, to execute the Agreement. Resolution approving an amendment to the Fiscal Year 2025-26 Multi-Year Program Budget in the amount of $112,410 from Water Fund Reserves to fund the Salida Community Plan Water Supply Assessment and Water System Evaluation and authorizing the City Manager, or his designee, to implement the provisions of the Resolution.
UTILITIES; Jim Alves, 209-571-5557, [email protected] Consent
26. Consider approving the Final Initial Study/Mitigated Negative Declaration for the Stanislaus Elementary School 1,2,3-TCP Mitigation Project in accordance with the California Environmental Quality Act. (Funding Source: Water Fund) Staff Recommendation:
Resolution approving the Final Initial Study/Mitigated Negative Declaration for the Stanislaus Elementary School 1,2,3-TCP Mitigation Project in accordance with the California Environmental Quality Act.
UTILITIES; Jim Alves, 209-571-5557, [email protected] - 10 -
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COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
UNFINISHED BUSINESS
27. Consider approving the Plans and Specifications for the Rebid Virginia Corridor Phase 7 Project, accepting the Bid and Awarding a Construction Contract to Andrew M Jordan Inc. dba A & B Construction of Oakland, CA, in the amount not to exceed $9,243,933 and consider approving an Agreement with TRC Engineering, Inc. of Rancho Cordova, CA, for Construction Management and Inspection Services for a total amount not to exceed $878,087 (Funding Source: Various Funds) Resolution approving the Plans and Specifications for the Rebid Virginia Corridor Phase 7 Project, accepting the Bid and Awarding a Construction Contract to Andrew M. Jordan Inc. dba A & B Construction of Oakland, CA, in the amount of $8,559,197, authorizing $684,736 for contingency (if needed), for a total payment amount not to exceed $9,243,933, and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving the Agreement with TRC Engineering, Inc, of Rancho Cordova, CA, for Construction Management and Inspection Services for the Virginia Corridor Phase 7 Project in the amount of $798,261, plus $79,826 in additional services, if needed, for a total amount not to exceed $878,087 and authorizing the City Manager, or his designee, to execute the Agreement. Resolution amending the Fiscal Year 2025-26 Capital Improvement Program budget to fund Project #100813 (Virginia Corridor Ph 7) in an amount not to exceed $1,136,525 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.
Resolution amending the Fiscal Year 2025-26 Measure H Spending Plan to appropriate funding to Capital Improvement Program budget to fund Project #100813 (Virginia Corridor Ph 7) in an amount not to exceed $276,532 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.
ENGINEERING SERVICES; Nathan Houx, 209-571-5526, [email protected]
HEARINGS
Published in the Modesto Bee on July 11, 2025.
28. Hearing to consider establishing City of Modesto Community Facilities District (CFD) No. 2025-2 (Village One Triangle), authorizing the levy of special taxes therein, calling a special election; declaring the results of the July 22, 2025, special election, and approving the Subdivision Improvement Agreement (SIA) and Final Map of The Crossings Phase I Subdivision of roughly 29.94 acres consisting of 164 residential lots, two landscape lots, and one park lot located east of Claus Road and north of East Briggsmore Avenue APN # 014-026-017. (Funding Source: Developer Fees) - 11 -
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Staff Recommendation:
Resolution declaring the formation of the City of Modesto Community Facilities District No. 2025-2 (Village One Triangle), conditionally authorizing the levy of special taxes therein, and conditionally establishing an annual appropriations limit of $12,400,000.
Resolution of the City Council of the City of Modesto, California, acting as the legislative body of the City of Modesto Community Facilities District No. 2025-2 (Village One Triangle), calling for a special election. Resolution declaring the results of July 22, 2025, special election and approving certain related actions pertaining to City of Modesto Community Facilities District No. 2025-2 (Village One Triangle).
Motion introducing an ordinance authorizing the levy of special taxes within the City of Modesto held within City of Modesto Community Facilities District No. 2025-2 (Village One Triangle).
Resolution approving the Final Map and Subdivision Improvement Agreement for The Crossings Phase I subdivision, and authorizing the City Manager, or designee, to execute the Subdivision Improvement Agreement with the Owner, D.R. Horton Bay Inc., a Delaware Corporation, and authorizing the City Clerk to certify the Final Map and record with the Stanislaus County Recorder’s Office.
CED; Edgar Garcia, 209-577-5211, [email protected] Published in the Modesto Bee on July 11, 2025.
29. Hearing to consider approving the issuance of Bonds by the California Statewide Communities Development Authority (CSCDA) for the benefit of Kaiser Permanente (the “Borrower”) an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, to provide for the financing of the Project, for the purposes of satisfying the requirements of the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), the Internal Revenue Code and California Government Code Section 6500, et seq. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the issuance of California Statewide Communities Development Authority Kaiser Permanente Revenue Bonds in one or more Series from time to time pursuant to a plan of finance in an aggregate principal amount not to exceed $880,000,000 for the purpose of financing or refinancing the acquisition, construction, improvement, equipping, renovation, rehabilitation, remodeling and other capital projects of certain health facilities and certain other matters relating thereto.
FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
Published in the Modesto Bee on July 11, 2025.
30. Hearing to consider an Ordinance amending Title 10 of the Modesto Municipal Code to add Chapter 3, Article 8, “Smoke Shops,” and amending Title 4 of the Modesto Municipal Code to add Chapter 24, Smoke Shops,” establishing regulations and requirements for Smoke Shops, including permitting and enforcement, within the City - 12 -
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and a resolution to adopt the application fee, annual permit fee, and re-inspection fee for the Smoke Shop Permit Program. (Funding Source: General Fund) Staff Recommendation:
Motion introducing and waiving the first reading of an ordinance amending Title 10 of the Modesto Municipal Code to add Chapter 3, Article 8, “Smoke Shops,” and amending Title 4 of the Modesto Municipal Code to add Chapter 24, Smoke Shops,” establishing regulations and requirements for Smoke Shops, including permitting and enforcement, within the City.
Resolution adopting the application fee, annual permit fee, and re-inspection fee for the Smoke Shop Permit Program.
CITY ATTORNEY; Jose Sanchez, 209-577-5284, [email protected]
MATTERS TOO LATE FOR THE AGENDA
These may be presented by members of the City Council and staff upon determination by a majority vote that an emergency exists, as defined by State law, or by a 2/3 vote that (1) there is a need to take immediate action, and (2) that the need for action came to the City’s attention after the agenda was posted.
ADJOURNMENT
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:
July 22, 2025
Date: June 10, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Two Appointments to the Housing Rehabilitation Loan Committee CONTACT: Edgar Garcia, Community Development Manager,
[email protected], 209-577-5211
DESCRIPTION:
Consider approving the appointment of Evan Yoshino as General Contractor and Douglas Higginbotham as Citizen-at-Large to the Housing Rehabilitation Loan Committee (HRLC), with a four-year term beginning in July 2025 with a term expiration of December 31, 2028. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:
The recommended action supports the City of Modesto’s 2025-2026 Strategic Plan, Goal B:
Enhance pride in Modesto’s diverse neighborhoods and business districts by actively addressing blight and ensuring that community assets and amenities are well-maintained and preserved.
BACKGROUND:
The Housing Rehabilitation Loan Committee (HRLC) is responsible for reviewing and approving loans issued as part of the City’s Homeowner Rehabilitation Program. The HRLC includes seven (7) members that are appointed by the City Council for a 4-year term, with one (1) alternate member from the Citizens Housing and Community Development Committee (CH&CDC).
Section 11021 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards and Commissions with the recommendation of the City’s Appointments Committee.
DISCUSSION:
There are currently five (5) vacancies on the Housing Rehabilitation Loan Committee, two (2) of which were recently created by resignations of John Bergman and Kyle Ford on January 1, 2025.
These vacancies are to be filled by prospective candidates, recommended by the Appointments Committee, with final approval by the City Council. The candidate(s) would be appointed to the Housing Rehabilitation Loan Committee with a term expiration date of December 31, 2028. Due to the vacancy of the Contractor Representative with the departure of John Bergman, the position is available and one of the applicants, Evan Yoshino, has a background as a general contractor, #3..
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City Council, July 22, 2025
Two Appointments to the Housing Rehabilitation Loan Committee
and is a qualified candidate for the role. The other applicant, Douglas Higginbotham, is eligible for the Citizen-at-Large position and has experience as a real estate agent which makes him a suitable candidate for the Committee.
Citizen applications for vacant committee positions are accepted online and the attached applicants applied between February 2025 and April 2025 indicating interest in various committees, including the Housing Rehabilitation Loan Committee. We received a total of two (2) applications and of those, staff were able to confirm both individuals remain interested in the position.
Outreach for the Housing Rehabilitation Loan Committee vacancies included posting the vacancy in the Modesto Bee and across the City’s website and social media by the City’s Communication and Media Relations Team, which ran on multiple occasions beginning January 2025.
Additionally, City staff conducted targeted outreach to community members to seek additional applications for the committee
FISCAL IMPACT:
There is no fiscal impact associated with this item.
COMMITTEE RECOMMENDATION:
The Appointments Committee met on June 4, 2025, and recommended the appointment of Evan Yoshino as General Contractor and Douglas Higginbotham as Citizen-at-Large to the Housing Rehabilitation Loan Committee.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the appointment of Evan Yoshino as General Contractor and Douglas Higginbotham as the Citizen-at-Large to the Housing Rehabilitation Loan Committee (HLRC), with a term expiration of December 31, 2028.
Approved by:
Jessica Hill, Director of Community and Economic
Development
Joseph P. Lopez, City Manager
Attachments:
1. Resolution for Evan Yoshino and Douglas Higginbotham
2. HRLC Applications
3. HRLC Bylaws
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07/22/2025/CED/Garcia 1 2025-
MODESTO CITY COUNCIL
RESOLUTION NO. 2025-
RESOLUTION APPROVING THE APPOINTMENT OF EVAN YOSHINO AS
GENERAL CONTRACTOR AND DOUGLAS HIGGINBOTHAM AS THE
CITIZEN-AT-LARGE TO THE HOUSING AND REHABILITATION LOAN COMMITTEE (HRLC), WITH A TERM EXPIRATION OF DECEMBER 31, 2028 WHEREAS, Section 1102 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards and Commissions; and WHEREAS, Evan Yoshino and Douglas Higginbotham expressed an interest in serving on the Housing and Rehabilitation Loan Committee (HRLC); and WHEREAS, this item was presented to the Appointments Committee on June 4, 2025, and was recommended to forward to Council for approval; and WHEREAS, Evan Yoshino will serve in the seat designation of General Contractor and will serve for the period of July 2025 to December 31, 2028; and WHEREAS, Douglas Higginbotham will serve in the seat designation of Citizen at Large and will serve for the period of July 2025 to December 31, 2028; and WHEREAS, the Housing and Rehabilitation Loan Committee includes seven (7) members that are appointed by the City Council for a four-year term, one (1) alternate member from the Citizens Housing and Community Development Committee (CH&CDC).
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Council of the City of Modesto that it hereby approves the appointment of Evan Yoshino to the Housing Rehabilitation Loan Committee and will serve in the seat designation of General Contractor, with a term expiration of December 31, 2028. #3..
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07/22/2025/CED/Garcia 2 2025-
BE IT FURTHER RESOLVED, that Douglas Higginbotham is hereby appointed to the Housing and Rehabilitation Loan Committee and will serve in the seat designation of Citizen at large with a term expiration of December 31, 2028. #3..
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07/22/2025/CED/Garcia 3 2025-
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 22nd of July, 2025 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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Boards, Commissions and Committees Application
04/15/2025 1:23 PM (PDT)
Advisory Boards and Commissions Application
City of Modesto
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.
Housing Rehabilitation Loan Committee
The Housing Rehabilitation Loan Committee shall be responsible for reviewing and approving the City of Modesto’s (City) housing rehabilitation loans and grants and for reviewing policy and procedures for the program.
Please note that application for this committee requires a financial disclosure statement (Statement of Economic Interests - Form 700) under State of California laws.
Membership Requirements:
The Housing Rehabilitation Loan Committee shall consist of seven (7) qualified persons and one (1) alternate comprised of the following:
1 Councilmember and 1 alternate (appointed by the Mayor) Financial Institution – Representative
Citizen’s Housing & Community Development Committee Representative (Alternate) Service Provider
General Contractor
Stanislaus Regional Housing Authority – Representative
2 Citizen-at-Large
Read full ByLaws, membership requirements and view current members and vacancies.
General Contractor
No
No
Yes
i.
Board of Building Appeals
Submission ID: c5ba1e49-00bd-4e40-baab-898002edfdf5 Page 1/7 #3..
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10/01/2024
10/01/2028
Submission ID: c5ba1e49-00bd-4e40-baab-898002edfdf5 Page 2/7 #3..
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Applicant Demographics
City of Modesto invites all applicants to voluntarily self-identify their gender, race/ethnicity, veteran status and disability. Submission of this information is voluntary and refusal to provide will not affect the application process. The information will be kept confidential and will only be used in accordance with the provisions of applicable laws, executive orders and regulations, including those that require the information to be summarized and reported to the federal government for civil rights enforcement.
Submission ID: c5ba1e49-00bd-4e40-baab-898002edfdf5 Page 4/7 #3..
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Qualifications
Yes (Active)
I've worked in construction for the last 20 years, both as a general contractor and as an electrician.
I've served on several boards and committees at the city, including the Disabled Access Appeals Board, the Building Appeals Board, the Golf Course Advisory Board, and also do administrative hearings for the City.
I enjoy giving back to the community and especially on this committee that is improving neighborhoods by making improvements on individual homes.
I have a thorough understanding of construction costs and process, as well as the scheduling, and also common sense that I believe is an asset to any committee.
Submission ID: c5ba1e49-00bd-4e40-baab-898002edfdf5 Page 5/7 #3..
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Questionnaire
Other (Please specify)
Coworker used to serve on the committee, John Bergman
Submission ID: c5ba1e49-00bd-4e40-baab-898002edfdf5 Page 6/7 #3..
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Boards, Commissions and Committees Application
02/19/2025 9:05 PM (PST)
Advisory Boards and Commissions Application
City of Modesto
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.
Housing Rehabilitation Loan Committee
The Housing Rehabilitation Loan Committee shall be responsible for reviewing and approving the City of Modesto’s (City) housing rehabilitation loans and grants and for reviewing policy and procedures for the program.
Please note that application for this committee requires a financial disclosure statement (Statement of Economic Interests - Form 700) under State of California laws.
Membership Requirements:
The Housing Rehabilitation Loan Committee shall consist of seven (7) qualified persons and one (1) alternate comprised of the following:
1 Councilmember and 1 alternate (appointed by the Mayor) Financial Institution – Representative
Citizen’s Housing & Community Development Committee Representative (Alternate) Service Provider
General Contractor
Stanislaus Regional Housing Authority – Representative
2 Citizen-at-Large
Read full ByLaws, membership requirements and view current members and vacancies.
No
No
No
Submission ID: 721f1b48-026e-48ce-861a-eedea20b98dd Page 1/6 #3..
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Applicant Demographics
City of Modesto invites all applicants to voluntarily self-identify their gender, race/ethnicity, veteran status and disability. Submission of this information is voluntary and refusal to provide will not affect the application process. The information will be kept confidential and will only be used in accordance with the provisions of applicable laws, executive orders and regulations, including those that require the information to be summarized and reported to
Submission ID: 721f1b48-026e-48ce-861a-eedea20b98dd Page 3/6 #3..
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Qualifications
No
Licensed California Real Estate Agent
Board Member of Lodi Association of Realtors
Board Member of Lodi Association of Realtors
I would love to continue to assist my community in the pursuit of quality housing.
Helping those under served and unable to fulfill these basic needs would be highly rewarding.
Licensed California Real Estate agent who has assisted over 200 families with their housing needs. Including many first time home buyers, I have utilized the CalHFA down payment assistance program to help those normally unable to buy a home, get their first home. I have knowledge of beneficial programs to assist veterans, health care providers, and others attain benefits otherwise not utilized. I have served on the Lodi Association of Realtors board since 2024, assisting in decisions to help Realtors assist the community with their housing needs.
Submission ID: 721f1b48-026e-48ce-861a-eedea20b98dd Page 4/6 #3..
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Questionnaire
Other (Please specify)
presentation from Jeremiah Williams
Submission ID: 721f1b48-026e-48ce-861a-eedea20b98dd Page 5/6 #3..
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Douglas R. Higginbotham
Professional Summary
Experienced and dedicated real estate professional with over a decade of success in the Central Valley market. Licensed since 2014, I bring a wealth of local knowledge, strong negotiation skills, and a client-first approach to every transaction. A consistent top producer and a member of the Lodi Association of Realtors Masters Club since 2017, I have successfully closed an average of 24+ homes per year. Passionate about guiding buyers and sellers through seamless transactions, I also serve on the Lodi Association Board of Directors, contributing to the growth and integrity of the real estate community.
Professional Experience
Realtor: PMZ Real Estate
Stanislaus County, CA | August 2014 - Present
• Provide expert guidance to buyers and sellers, ensuring smooth, efficient, and successful transactions.
• Maintain a strong client referral network, with 70-85% of business coming from repeat clients and referrals.
• Develop and implement targeted marketing strategies utilizing social media, digital platforms, and extensive local networks.
• Negotiate contracts effectively to achieve optimal terms for clients. • Stay up-to-date with market trends to provide accurate pricing strategies and insights.
Achievements & Industry Involvement
• Lodi Association of Realtors Masters Club Member (2017 - Present) – Recognized for outstanding sales performance.
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• Lodi Association of Realtors Board of Directors (Current) – Active leadership role in shaping local real estate policies.
• $15M Real Estate Producer (Past 5 Years) – Proven track record of high-volume, successful transactions.
Education & Certifications
• California Department of Real Estate – Licensed Realtor (#01938205) • Ongoing Professional Development & Industry Training
Community & Personal Background
• Longtime Central Valley resident, raising seven children and deeply invested in the local community.
• Passionate about sharing insights into local culture, schools, and lifestyle with clients. • Committed to providing transparent, ethical, and high-quality service in every transaction.
References
Available upon request.
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HRLC Bylaws Page 1 of 7 Amended: January 14, 2025
Resolution No. 2025-24
Housing Rehabilitation Loan Committee
BYLAWS
Article I. Definitions
Section 1.01 There is a Committee created to be known and designated as the Housing Rehabilitation Loan Committee.
Section 1.02 As used in these Bylaws, unless a different meaning clearly appears from the context:
(a) "Member" shall mean a member of the Housing Rehabilitation Loan Committee. (b) "Housing Rehabilitation Loan Committee" and "Committee" shall mean the Housing Rehabilitation Loan Committee.
Article II. Objectives
Section 2.01 The Committee shall be responsible for reviewing and approving the City of Modesto’s (City) housing rehabilitation loans, homebuyers' assistance loans, and for reviewing policy and procedures for both programs.
Article III. Membership
Section 3.01 The Housing Rehabilitation Loan Committee shall consist of seven (7) qualified persons and one (1) alternate comprised of the following:
Seat Designation Term
Councilmember (appointed by the Mayor)
Financial Institution - Representative 4 years
Service Provider - Representative 4 years
General Contractor (active or retired) - Representative 4 years Stanislaus Regional Housing Authority - Representative 4 years Citizen-at-Large 4 years
Citizen-at-Large 4 years
Citizens’ Housing and Community Development Committee – Representative (Alternate)
Annual
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HRLC Bylaws Page 2 of 7 Amended: January 14, 2025
Resolution No. 2025-24
Section 3.02 The Members of the Committee shall reside within the City limits of Modesto at the time of appointment and must maintain residence within the City at all times during their service on the Committee with the exception of the appointed representative of the Stanislaus Regional Housing Authority.
Section 3.03 No Member of the Committee shall be an employee of the City, nor any bargaining unit for employees of the City, nor a person who receives compensation from the City.
Section 3.04 All appointments shall be approved by the City’s Appointments Committee, with the exception of the representation recommended by the Stanislaus Regional Housing Authority and Citizens’ Housing and Community Development Committee. The Stanislaus Regional Housing Authority shall appoint an employee to serve on the committee, and the Citizens’ Housing and Community Development Committee shall appoint a representative to the HRLC via a majority vote.
Section 3.05 No Member of the Committee shall be a relative by blood or marriage within the third degree of the Mayor, Councilmember, Charter Officer, or any department director or deputy department director.
Section 3.06 One Member of the Committee shall be appointed as an alternate to the Citizen Housing and Community Development Committee by a majority vote of the Committee.
Section 3.07 All Members must complete Statement of Economic Interest (Form 700) by April 1st of each year and when assuming or leaving Committee membership.
Section 3.08 All seats designated for representatives, including the Financial Representative, Service Provider Representative, and General Contractor Representative may be filled with a Citizen At-Large by a majority vote of the Appointments Committee in the event that the positions have been solicited and recruitments have been unsuccessful in yielding an eligible candidate. #3..
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HRLC Bylaws Page 3 of 7 Amended: January 14, 2025
Resolution No. 2025-24
Article IV. Terms of Office
Section 4.01 Members may serve no more than two (2) consecutive terms. Full terms are four (4) years in duration.
Section 4.02 A partial term of two (2) or more years shall be considered a full term for purposes of Section 4.01.
Section 4.03 Full term appointments begin on January 1 and expire on December 31 four (4) years subsequent.
Section 4.04 Members may be reappointed after their initial term. Members serving two (2) consecutive terms may be reappointed after a break in service of 12 months.
Section 4.05 The Members of the Committee shall receive no compensation for the performance of their official duties.
Section 4.06 Appointments to fill vacancies on the Committee shall be handled in the same manner as original appointments. When a vacancy occurs during a term, the appointment to fill such vacancy shall be for the unexpired portion of the term.
Section 4.07 Members of the Committee may be removed by a majority vote of the City Council after a recommendation by the Committee Chairperson for the following reasons:
(a) Misconduct, inefficiency, or willful neglect in the performance of their duties providing the member is first provided in writing the reasons for such removal and gives the member the opportunity to be heard before the Council in their own defense.
(b) Refusal to resign from the Committee when no longer a resident of the City or when a conflict of interest exists.
(c) (c) Failure to attend Committee meetings in accordance with Article V of these Bylaws.
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HRLC Bylaws Page 4 of 7 Amended: January 14, 2025
Resolution No. 2025-24
Article V. Attendance at Meetings
Section 5.01 It shall be the responsibility of each Member to know the dates and times of all Committee meetings. If a Member knows he or she will not be able to attend a regularly scheduled meeting, it shall be his or her responsibility to notify the Committee Secretary at least forty-eight (48) hours before the meeting, in order for the absence to be recorded as an excused absence. Failure to provide adequate notice as provided in this section shall constitute an unexcused absence.
Section 5.02 The minutes of each meeting will list those Members in attendance, those who are excused and those who are unexcused.
Section 5.03 Attendance at meetings is expected and necessary to carry out the mission of the Committee. Three or more consecutive unexcused absences are grounds for removal from the Committee by the City Council.
Section 5.04 The process for recording excused and unexcused absences shall be consistent with Citywide policies and procedures, including the Board and Commission Liaison Handbook.
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HRLC Bylaws Page 5 of 7 Amended: January 14, 2025
Resolution No. 2025-24
Article VI. Officers and Their Duties
Section 6.01 Officers shall consist of a Chairperson, and a Vice-chairperson, elected by a majority vote of the members of the Committee. Officers shall serve as Chairperson or Vice-chairperson for the duration of their term, or for a period of four years if the Committee member is not subject to a term.
Section 6.02 All officers shall exercise all privileges of membership, including the making of motions, seconding and debate.
Section 6.03 The Chair shall preside at all meetings, shall appoint all ad-hoc committees, and shall ensure that the bylaws, rules and regulations as adopted by the Committee are properly enforced.
Section 6.04 The Vice-chair shall assist the Chair in his/her duties and in the absence of the Chair shall perform all duties usually performed by the Chair.
Section 6.05 In the absence of both the Chair and Vice-Chair, the secretary may call a meeting to order, whereupon a temporary chair shall be elected by a majority vote of the Members of the Commission present at the meeting.
Section 6.06 The Committee Secretary shall be a City staff member, appointed by the Community & Economic and Development Department, to serve as secretary. The Committee Secretary shall keep a record of the minutes of all Committee meetings and such other duties as are usually performed by a secretary.
Article VII. Meetings
Section 7.01 Special meetings shall be called by the Chairperson as necessary.
Section 7.02 Notices of all meetings, including agendas, shall be given to all Members of the Committee, to the City Clerk, to the City Manager, and to all others as provided by law. All such notices shall be furnished to the Committee in writing at least seventy-two hours prior to the time of such meeting.
Section 7.03 All meeting agendas will be posted at Tenth Street Place.
Section 7.04 All meetings shall comply with the requirements of the Ralph M. Brown Act.
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HRLC Bylaws Page 6 of 7 Amended: January 14, 2025
Resolution No. 2025-24
Section 7.05 A quorum is necessary for the Committee to transact any business. A quorum shall be defined as a simple majority of the total number of Committee members which is one-half of the members plus one. Vacancies shall not be counted toward the total number of members for purposes to calculating a quorum.
Section 7.06 All meetings of the Committee shall be open to the public and shall be held at a public facility, which is accessible in accordance with the regulations of the Americans with Disabilities Act.
Article VIII. Order of Proceedings
Section 8.01 Section 2-1.10 “Procedural Rules for Council Meetings” of Title 2 “Administration,” of Chapter 1 “City Council Organization and Procedure” of the Modesto Municipal Code shall be the guide for parliamentary procedures in the conduct of Committee meetings.
Section 8.02 The order of proceedings of all meetings shall be as follows, subject to majority vote of the members present:
(a) Roll Call
(b) Conflict of Interest Declaration
(c) Public Comment Period
(d) Consent Items
(e) Old Business
(f) New Business
(g) Committee Comments & Reports
(h) Matters Too Late for the Agenda
(i) Adjournment
Section 8.03 Members of the public shall not speak unless recognized by the Chairperson. The Chairperson may remove any person who refuses to follow time limits set for public comment, or rules or decisions of the Chairperson.
Article IX. Amendments
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HRLC Bylaws Page 7 of 7 Amended: January 14, 2025
Resolution No. 2025-24
Section 9.01 The Bylaws and any future amendments shall be subject to the final approval of the City Council and shall not and are not intended to go beyond any of the powers and duties given to the Committee by the City Council. #3..
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
July 22, 2025
Date: June 9, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Appointments to Entertainment Commission
CONTACT: Jessica Hill, Director of Community and Economic Development [email protected], 209-577-5321
DESCRIPTION:
Consider approving the appointments of Jamie Reed and Carlos Verduzco to the City of Modesto Entertainment Commission with the terms ending December 31, 2027. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:
This action supports the City’s Strategic Commitment 2025-2026, “Build Community trust in City Government through Responsive, Transparent and Efficient Service Delivery. Goal I. Promote Trust and Engagement between the Community and the City by enhancing responsiveness, communicating broadly about City opportunities and challenges, and increasing public participation in municipal affairs.”
BACKGROUND:
The Entertainment Commission is responsible for overseeing the entertainment permit process, including dance and processing of special event requests within the City of Modesto. The Entertainment Commission’s purpose is to encourage the development of new entertainment businesses as well as assist the organizers and operators to plan and coordinate City services for major events. This will allow the business or event to flourish while meeting the City’s public health, safety and welfare needs.
Section 11021 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards and Commissions with the recommendation of the City’s Appointments Committee.
DISCUSSION:
1https://library.municode.com/ca/modesto/codes/code_of_ordinances?nodeId=CHTR_ARTXIAPBOCO_S1102APT E
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City Council, July 22, 2025
Appointments to Entertainment Commission
According to Entertainment Commission’s Rules and Procedures Article 3.32 Commission is comprised of nine (9) members:
One (1) Business Permit holder
One (1) Non-Profit/Special Event Permit Holder
One (1) Board of Directors member of an Economic or Tourist Organization that promotes Modesto.
Three (3) At-Large Citizens (non-permit holders)
One (1) Event Planning or Marketing Specialist
Two (2) Alternates to be non-permit holders.
Outreach for the Entertainment Commission vacancies included email communication with all City of Modesto business license holders in the marketing sector. Additional support was provided by the City’s partners, including the Modesto Chamber of Commerce, the Stanislaus Latino Chamber of Commerce, and Visit Modesto.
The Committee received three (3) applications for the Entertainment Commission. Two (2) candidates qualifying for one (1) Event Planning/Marketing Specialist seat. Additionally, there is one (1) candidate who has qualified for the Board Member/Economic or Tourism Organization seat. All applicants have been deemed eligible to be appointed and have responded to staff’s outreach and have confirmed continued interest in serving on the Entertainment Commission as recently as May 8, 2025.
The Event Planning/Marketing Specialist seat has been vacant since July 1, 2022, and the Board Member/Economic or Tourism Organization seat has been vacant since January 1, 2025.
Jamie Reed is recommended to be appointed for the Event Planning/Marketing Specialist seat and Carlos Verduzco is recommended for the Board Member/Economic or Tourism seat. Both will be for two-year terms to reintroduce staggered appointments as originally intended, yet skipped due to multiple prolonged vacancies. With the Commission almost full we can now continue the intent of the Entertainment Commission Rules and Procedures, Article III, Section
4.23 – Initial Term, “...two (2) Commissioners shall have initial terms of two (2) years.” FISCAL IMPACT:
There is no fiscal impact related to this action.
COMMITTEE RECOMMENDATION:
On June 4, 2025, the Appointments Committee reviewed the applications and recommended the appointments for two (2) vacancies, with a term ending December 31, 2027, to the City of Modesto Entertainment Commission and forwarding to Council for approval.
RECOMMENDED COUNCIL ACTION:
2 https://www.modestogov.com/DocumentCenter/View/22296/Entertainment-Commission-Bylaws-PDF 3 https://www.modestogov.com/DocumentCenter/View/22296/Rules-and-Procedures-of-the-EntertainmentCommission-PDF #4..
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City Council, July 22, 2025
Appointments to Entertainment Commission
Staff Recommendations:
Resolution approving the appointments of Jamie Reed and Carlos Verduzco to the City of Modesto Entertainment Commission with the terms ending December 31, 2027.
Approved by:
Jessica Hill, Director of Community
& Economic Development
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. Entertainment Commission Rules and Procedures
3. Entertainment Commission Redacted Application
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07/22/2025/CED/Hill 1 2025-
XXXX
XxxxX
XXX
MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XXXX
RESOLUTION APPROVING THE APPOINTMENTS OF JAMIE REED AND
CARLOS VERDUZCO TO THE CITY OF MODESTO ENTERTAINMENT
COMMISSION WITH THE TERMS ENDING DECEMBER 31, 2027
WHEREAS, Section 1102 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards and Commissions, and WHEREAS, the Entertainment Commission is a nine-member advisory commission on matters pertaining to entertainment-related permits for the City of Modesto; and
WHEREAS, two vacancies currently exist on the Entertainment Commission; a total of three applications were received; and
WHEREAS, of the three applicants, two qualified for one Event Planning/Marketing Specialist seat and one qualified for Board Member/Economic or Tourism Organization seat; and
WHEREAS, the Appointments Committee met on June 4, 2025, reviewed the applications, and recommended Jamie Reed to be appointed for Event Planning/Marketing Specialist seat and Carlos Verduzco for Board Member/Economic or Tourism seat, with a term ending December 31, 2027, to the City of Modesto Entertainment Commission and forwarding to Council for approval.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Modesto that it herby appoints Jamie Reed for Event Planning/Marketing Specialist seat and Carlos Verduzco for Board Member/Economic or Tourism seat to the City of Modesto Entertainment Commission with the terms ending December 31, #4..
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07/22/2025/CED/Hill 2 2025-
XXXX
XxxxX
XXX
2027
BE IT FURTHER RESOLVED, the City Clerk is hereby directed to transmit a copy of this resolution to the appointed members of the Entertainment Commission, and the Secretary thereof.
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 22nd of July, 2025 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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Boards, Commissions and Committees Application
09/13/2024 9:52 AM (PDT)
Advisory Boards and Commissions Application
City of Modesto
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.
Entertainment Commission
The Entertainment Commission is responsible for overseeing the entertainment permit process and processing of special event requests within the City of Modesto. The Entertainment Commission’s purpose is to encourage the development of new entertainment businesses as well as assist the organizers and operators to plan and coordinate City services for major events. This will allow the business or event to flourish while meeting the City’s public health, safety, and welfare needs.
The Entertainment Commission shall be comprised of seven (7) members. In additional to the seven (7) Commissioners, two (2) alternates shall step in to serve, on a rotating basis, when a Commissioner is absent.
Membership composition for the Entertainment Commission shall be:
One (1) Business Permit Holder
One (1) Non-Profit/Special Event Permit Holder
Two (2) Representatives from the Board of Directors of an Economic/Tourist Establishment that Promotes Modesto
Two (2) At-Large Citizens (Non-Permit Holders)
One (1) Culture Commission Member
Two (2) Alternates to be Non-Permit Holders
Commissioners shall be chosen without discrimination on the basis of race, sex, sexual preference, color, religion, age, national origin, income, marital status or handicap.
Commissioners are required to complete and file Form 700 with the City Clerk’s Office annually.
Commissioners shall at all times comply with all applicable conflict of interest laws.
The members of the Commission shall reside in the City of Modesto at the time of appointment and must maintain residence within the City limits throughout their term(s).
Perform all of the functions assigned to the Entertainment Commission by the City of Modesto, insofar as they are not inconsistent with the provisions of the Charter of the City of Modesto.
Review and render decision on applications for an Entertainment Establishment Permit or Special Event Permit.
Approve or disapprove punitive actions on violations of the Entertainment Ordinance and/or Permit.
Place conditions and modifications on any Entertainment Establishment Permit or Special Event Permit prior to approval.
Suspend, revoke and deny Entertainment Establishment Permit or Special Event Permit.
Conduct appeal hearing regarding imposition of fines and/or penalties and may affirm, modify, or suspend the imposition of such fines and penalties.
Coordinate with relevant City departments any inspection or investigation regarding the Entertainment Establishment Permit or Special Event Permit.
Periodically review the Entertainment Establishment Ordinance and recommend needed changes to the City Council.
Members shall be designated as holding office for four (4) year terms.
Submission ID: ff8721ff-3097-472f-ad4d-1bfe3726d7af Page 1/9 #4..
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The Commissioners shall serve at the pleasure of the City Council and shall serve until a successor has been designated and qualified.
No person shall serve more than two (2) consecutive terms as a Commissioner.
Commission Members are eligible for reappointment to the Commission after a two (2) year absence.
Entertainment Commission meetings occur every first and third Thursday of the month at 4:30PM at 1010 10th Street, Modesto, CA, 95354 (room location may vary).
Read full ByLaws, membership requirements and view current members and vacancies.
At-large citizen
No
No
No
Submission ID: ff8721ff-3097-472f-ad4d-1bfe3726d7af Page 2/9 #4..
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#4..
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#4..
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Qualifications
No
No
No
I spent eight years as the Head of Content for EverOut, an entertainment and events-focused publication in Seattle. I have a Bachelor's degree in English from Georgetown University and a certificate in digital marketing.
I saw a post on the City of Modesto's Instagram account.
I am a frequent attendee of events and supporter of the arts. I am a regular reader of the Modesto Bee and Modesto View, and I follow almost every local business and organizer on social media to stay on top of the latest openings and events, from Bookish to Penny University. I love attending DoMo First Fridays, shows at the State Theatre and the Gallo Center, and major events like American Graffiti and the Fourth of July parade. I have also attended several city council meetings and public sessions, including for proposed changes like the Tuolumne River Regional Park and Standiford Avenue interchange, so I am familiar with how official city proceedings work. And, as my husband’s family business, George Reed, is a longtime pillar of the community, I have a vested interest in making sure Modesto continues to thrive.
As an editor with over eight years of experience running entertainment-focused publications, I believe fundamentally that cultural events are an essential part of a thriving city. Since moving here from Seattle recently for my husband’s job, I have come to love Modesto by getting involved in its arts and civic scenes, and I would love to give back to the community by joining the Entertainment Commission as an at-large citizen.
I have an intimate understanding of what goes into a popular and successful event, as well as an appreciation for the needs of restaurant and entertainment business owners. I understand how important it is for event organizers and operators to get the resources they need, whether this is publicity in an events calendar or a new business or event permit. I also understand that well-organized events that factor in comfort and safety are in the best interests of both attendees and operators. I am also detail-oriented and a planner by nature, so I would love to assist with coordinating services for events. Of course, I also love Modesto and want to help both entertainment operators and the city as much as I can.
Submission ID: ff8721ff-3097-472f-ad4d-1bfe3726d7af Page 5/9 #4..
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Questionnaire
Other (Please specify)
Instagram
Submission ID: ff8721ff-3097-472f-ad4d-1bfe3726d7af Page 7/9 #4..
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Signature Agreement
09/11/2024
Application Disclosure
Please confirm that you acknowledge the above responsibilities and understand that your application is a public document and may be disclosed.
Yes, I confirm and acknowledge the above responsibilities and understand that my application is a public document and may be disclosed upon request.
Thank you for providing this information. After clicking ‘Submit’ you will receive a Submission ID number that can be retained for future reference.
You will be updated by our staff as your submission is processed.
Have a great day!
Submission ID: ff8721ff-3097-472f-ad4d-1bfe3726d7af Page 9/9 #4..
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JAMIE NICOLE REED
| Modesto, California
September 12, 2024
To whom it may concern,
As an editor with over eight years of experience running entertainment-focused publications, I believe fundamentally that cultural events are an essential part of a thriving city. Since moving here from Seattle recently for my husband’s job, I have come to love Modesto by getting involved in its arts and civic scenes, and I would love to give back to the community by joining the Entertainment Commission as an at-large citizen.
In Seattle, I started EverOut.com, a comprehensive entertainment guide that lists nearly every event and restaurant in the Pacific Northwest and provides expert recommendations. Along with a team of writers I hired and a web development team I worked closely with, I built this platform to better serve the audience of millions of calendar readers that I fostered while working at The Stranger, Seattle’s Pulitzer Prize-winning alt-weekly newspaper. With EverOut, I was able to create a dedicated outlet to better serve the needs of users seeking information about local entertainment, including a better user interface for finding things to do and the ability to set reminders for events.
As a result of this experience, I have an intimate understanding of what goes into a popular and successful event, as well as an appreciation for the needs of restaurant and entertainment business owners, which I believe I would be a great asset to the Entertainment Commission. I understand how important it is for event organizers and operators to get the resources they need, whether this is publicity in an events calendar or a new business or event permit. I also understand that well-organized events that factor in comfort and safety are in the best interests of both attendees and operators.
I am also detail-oriented and a planner by nature, so I would love to assist with coordinating services for events. In my most recent position at the travel agency startup Fora, where I work as both a travel advisor and an editor, my ability to closely track the smallest details is central to creating airtight itineraries for clients and for making sure each one of the hundreds of articles written by other travel advisors is edited and published in a timely manner. At The Stranger, I devised and managed systems to coordinate the cross-departmental production process for calendar pages in our weekly print issues. And in college, I even received an award for my meticulous Excel record-keeping in the community service organization I joined.
Of course, I also love Modesto and want to help both entertainment operators and the city as much as I can. I am a regular reader of the Modesto Bee and Modesto View, and I follow almost every local business and organizer on social media to stay on top of the latest openings and events, from Bookish to Penny University. I love attending DoMo First Fridays, shows at the State Theatre and the Gallo Center, and major events like American Graffiti and the Fourth of July parade. I have also attended several city council meetings and public sessions, including for proposed changes like the Tuolumne River Regional Park and Standiford Avenue interchange, so I am familiar with how official city proceedings work. And, as my husband’s family business, George Reed, is a longtime pillar of the community, I have a vested interest in making sure Modesto continues to thrive.
Thank you in advance for your consideration. Please let me know if I can provide any additional information or answer any questions, and I look forward to hearing from you soon.
Sincerely,
Jamie Reed
#4..
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JAMIE NICOLE REED
| Modesto, California |
MEDIA EXPERIENCE
Fora Travel, Inc. | New York, New York (Remote)
Content Manager February 2024 — Present
● Edit content written by hundreds of travel advisors for a fast-growing, award-winning, tech-focused travel agency startup ● Created in-depth training materials to document content management workflows and use them to train new hires RTDensity | Modesto, California
Marketing Consultant March 2023 — Present
● Develop and execute organic and paid marketing campaigns for a construction technology company before large industry sales events and measure and report performance, including a LinkedIn advertising clickthrough rate over 1,500% above average Index Newspapers | Seattle, Washington
Head of Content, EverOut January 2020 — October 2023
● Developed editorial vision and strategy for a new website aimed at being the Northwest’s most comprehensive events guide, increasing audience from zero at site launch to over eight million annual pageviews and over two million annual users ● Managed editorial teams and freelancers, including building content calendars, editing articles, and promoting content ● Analyzed traffic and SEO performance through Chartbeat and Google Analytics, and used results to optimize and plan content ● Strategized and coordinated with sales and marketing teams on advertisers’ and in-house marketing campaigns ● Advocated for, defined, and tested front-end features and back-end content management tools that met the needs of both the editorial team and EverOut users, and acted as project manager to ensure effective implementation Regional Calendar Director, The Stranger June 2015 — January 2020 ● Led a new company division that transformed alt-weekly newspaper’s events calendar into a recognizable local entertainment brand with curated articles, social media platforms, and email newsletters providing trustworthy event recommendations ● Hired and managed a team of writers and data entry professionals, including managing deadlines, assigning stories, and editing over 350 annual digital content pieces and over 15 pages of biweekly print content about Seattle events ● Ensured that virtually all public Seattle events were listed efficiently and accurately by creating and streamlining data entry processes, in addition to aligning with layout and art departments to optimize print production workflows Straus Literary Agency | San Francisco, California
Administrative Assistant (Part-Time) February 2021 — April 2022 ● Created and implemented system for tracking and processing royalty statements and contracts using QuickBooks and Airtable ● Reviewed and evaluated manuscripts, provided editorial feedback, and prospected for new clients Washington City Paper | Washington, D.C.
Editorial Intern September 2014 — December 2014
● Pitched, researched, and wrote articles, along with copyediting and fact-checking proofs and ensuring change implementation Sactown Magazine | Sacramento, California
Editorial Intern May 2014 — September 2014
● Fact-checked and copyedited magazine stories before submitting changes to editor-in-chief, in addition to writing articles
TECHNICAL SKILLS
● Google Analytics, Search Console, Semrush, Ahrefs, Chartbeat, Google Ads, WordPress, Adobe Creative Cloud, Mailchimp, Asana, Contentful, Meta Business Suite, TikTok, Microsoft Office Suite including Excel ● Intimate knowledge of Chicago Manual of Style, Associated Press Stylebook, and HTML
EDUCATION
UC Davis Boot Camp | Davis, California October 2022 — March 2023 Digital Marketing certificate
Georgetown University | Washington, D.C. August 2011 — May 2015 Bachelor of Arts, English, journalism minor, Magna Cum Laude, Phi Beta Kappa #4..
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Boards, Commissions and Committees Application
10/24/2024 9:21 AM (PDT)
Advisory Boards and Commissions Application
City of Modesto
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.
Entertainment Commission
The Entertainment Commission is responsible for overseeing the entertainment permit process and processing of special event requests within the City of Modesto. The Entertainment Commission’s purpose is to encourage the development of new entertainment businesses as well as assist the organizers and operators to plan and coordinate City services for major events. This will allow the business or event to flourish while meeting the City’s public health, safety, and welfare needs.
The Entertainment Commission shall be comprised of seven (7) members. In additional to the seven (7) Commissioners, two (2) alternates shall step in to serve, on a rotating basis, when a Commissioner is absent.
Membership composition for the Entertainment Commission shall be:
One (1) Business Permit Holder
One (1) Non-Profit/Special Event Permit Holder
Two (2) Representatives from the Board of Directors of an Economic/Tourist Establishment that Promotes Modesto
Two (2) At-Large Citizens (Non-Permit Holders)
One (1) Culture Commission Member
Two (2) Alternates to be Non-Permit Holders
Commissioners shall be chosen without discrimination on the basis of race, sex, sexual preference, color, religion, age, national origin, income, marital status or handicap.
Commissioners are required to complete and file Form 700 with the City Clerk’s Office annually.
Commissioners shall at all times comply with all applicable conflict of interest laws.
The members of the Commission shall reside in the City of Modesto at the time of appointment and must maintain residence within the City limits throughout their term(s).
Perform all of the functions assigned to the Entertainment Commission by the City of Modesto, insofar as they are not inconsistent with the provisions of the Charter of the City of Modesto.
Review and render decision on applications for an Entertainment Establishment Permit or Special Event Permit.
Approve or disapprove punitive actions on violations of the Entertainment Ordinance and/or Permit.
Place conditions and modifications on any Entertainment Establishment Permit or Special Event Permit prior to approval.
Suspend, revoke and deny Entertainment Establishment Permit or Special Event Permit.
Conduct appeal hearing regarding imposition of fines and/or penalties and may affirm, modify, or suspend the imposition of such fines and penalties.
Coordinate with relevant City departments any inspection or investigation regarding the Entertainment Establishment Permit or Special Event Permit.
Periodically review the Entertainment Establishment Ordinance and recommend needed changes to the City Council.
Members shall be designated as holding office for four (4) year terms.
Submission ID: 23f9af8e-cc20-4d08-9290-03aedcc86808 Page 1/7 #4..
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The Commissioners shall serve at the pleasure of the City Council and shall serve until a successor has been designated and qualified.
No person shall serve more than two (2) consecutive terms as a Commissioner.
Commission Members are eligible for reappointment to the Commission after a two (2) year absence.
Entertainment Commission meetings occur every first and third Thursday of the month at 4:30PM at 1010 10th Street, Modesto, CA, 95354 (room location may vary).
Read full ByLaws, membership requirements and view current members and vacancies.
No
No
No
Submission ID: 23f9af8e-cc20-4d08-9290-03aedcc86808 Page 2/7 #4..
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Applicant Information & Background
Michael
Mendoza
Show promoter
Modesto
California
95355
No
High school Diploma
Document Uploads
You may upload a cover letter and resume to outline your educational, work and community service experiences.
Submission ID: 23f9af8e-cc20-4d08-9290-03aedcc86808 Page 3/7 #4..
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#4..
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Qualifications
Yes
Fishtailz Magazine
01/01/2025
No
No
I hold a business license in the city of Modesto.
I put on motorcycle & car shows for our community.
I believe I am a leader and want to make a positive impact in our community.
I have over 5 years experience organizing, hosting and promoting successful events in our community.
Submission ID: 23f9af8e-cc20-4d08-9290-03aedcc86808 Page 5/7 #4..
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Questionnaire
Other (Please specify)
I received an email from the city of Modesto saying to apply. I been wanting to be a part of this for years!
Submission ID: 23f9af8e-cc20-4d08-9290-03aedcc86808 Page 6/7 #4..
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Signature Agreement
10/24/2024
Application Disclosure
Please confirm that you acknowledge the above responsibilities and understand that your application is a public document and may be disclosed.
Yes, I confirm and acknowledge the above responsibilities and understand that my application is a public document and may be disclosed upon request.
Thank you for providing this information. After clicking ‘Submit’ you will receive a Submission ID number that can be retained for future reference.
You will be updated by our staff as your submission is processed.
Have a great day!
Submission ID: 23f9af8e-cc20-4d08-9290-03aedcc86808 Page 7/7 #4..
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Boards, Commissions and Committees Application
11/07/2024 12:09 AM (PST)
Advisory Boards and Commissions Application
City of Modesto
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.
Entertainment Commission
The Entertainment Commission is responsible for overseeing the entertainment permit process and processing of special event requests within the City of Modesto. The Entertainment Commission’s purpose is to encourage the development of new entertainment businesses as well as assist the organizers and operators to plan and coordinate City services for major events. This will allow the business or event to flourish while meeting the City’s public health, safety, and welfare needs.
The Entertainment Commission shall be comprised of seven (7) members. In additional to the seven (7) Commissioners, two (2) alternates shall step in to serve, on a rotating basis, when a Commissioner is absent.
Membership composition for the Entertainment Commission shall be:
One (1) Business Permit Holder
One (1) Non-Profit/Special Event Permit Holder
Two (2) Representatives from the Board of Directors of an Economic/Tourist Establishment that Promotes Modesto
Two (2) At-Large Citizens (Non-Permit Holders)
One (1) Culture Commission Member
Two (2) Alternates to be Non-Permit Holders
Commissioners shall be chosen without discrimination on the basis of race, sex, sexual preference, color, religion, age, national origin, income, marital status or handicap.
Commissioners are required to complete and file Form 700 with the City Clerk’s Office annually.
Commissioners shall at all times comply with all applicable conflict of interest laws.
The members of the Commission shall reside in the City of Modesto at the time of appointment and must maintain residence within the City limits throughout their term(s).
Perform all of the functions assigned to the Entertainment Commission by the City of Modesto, insofar as they are not inconsistent with the provisions of the Charter of the City of Modesto.
Review and render decision on applications for an Entertainment Establishment Permit or Special Event Permit.
Approve or disapprove punitive actions on violations of the Entertainment Ordinance and/or Permit.
Place conditions and modifications on any Entertainment Establishment Permit or Special Event Permit prior to approval.
Suspend, revoke and deny Entertainment Establishment Permit or Special Event Permit.
Conduct appeal hearing regarding imposition of fines and/or penalties and may affirm, modify, or suspend the imposition of such fines and penalties.
Coordinate with relevant City departments any inspection or investigation regarding the Entertainment Establishment Permit or Special Event Permit.
Periodically review the Entertainment Establishment Ordinance and recommend needed changes to the City Council.
Members shall be designated as holding office for four (4) year terms.
Submission ID: c6eef5d0-02bc-4646-9da5-7b5f75c02cac Page 1/7 #4..
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The Commissioners shall serve at the pleasure of the City Council and shall serve until a successor has been designated and qualified.
No person shall serve more than two (2) consecutive terms as a Commissioner.
Commission Members are eligible for reappointment to the Commission after a two (2) year absence.
Entertainment Commission meetings occur every first and third Thursday of the month at 4:30PM at 1010 10th Street, Modesto, CA, 95354 (room location may vary).
Read full ByLaws, membership requirements and view current members and vacancies.
At-Large Citizens (Non-Permit Holders)
No
No
No
Submission ID: c6eef5d0-02bc-4646-9da5-7b5f75c02cac Page 2/7 #4..
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#4..
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#4..
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Qualifications
No
Yes
Veterans Day Parade Committee
No
Chairman Of the Veterans day parade committee
CEO Veterans Chamber Of Commerce
I want to help improve the permitting process and add value with my experiences to the Commission
Veterans Day Parade committee Chairman for 5 years
Small Business Owner
Chairman for the budget advisory committee for Riverbank Chairman of Friends of Jacob myers park (Riverbank)
Submission ID: c6eef5d0-02bc-4646-9da5-7b5f75c02cac Page 5/7 #4..
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Questionnaire
Other (Please specify)
Facebook
Submission ID: c6eef5d0-02bc-4646-9da5-7b5f75c02cac Page 6/7 #4..
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Signature Agreement
11/06/2024
Application Disclosure
Please confirm that you acknowledge the above responsibilities and understand that your application is a public document and may be disclosed.
Yes, I confirm and acknowledge the above responsibilities and understand that my application is a public document and may be disclosed upon request.
Thank you for providing this information. After clicking ‘Submit’ you will receive a Submission ID number that can be retained for future reference.
You will be updated by our staff as your submission is processed.
Have a great day!
Submission ID: c6eef5d0-02bc-4646-9da5-7b5f75c02cac Page 7/7 #4..
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#4..
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#4..
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
July 22, 2025
Date: June 5, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Appointment to the Board of Zoning Adjustment
CONTACT: Jessica Hill, Director of Community and Economic Development [email protected] , 209-577-5267
DESCRIPTION:
Consider approving the appointment of Liberal “Lee” Avila to the City of Modesto Board of Zoning Adjustment with a term expiring December 31, 2028. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:
This action supports the City’s 2025-2026 Strategic Element, Goal I. Promote trust and engagement between the community and the City by enhancing responsiveness, communication broadly about City opportunities and challenges, and increasing public participation in municipal affairs.
BACKGROUND:
The Board of Zoning Adjustment is responsible for making decisions and recommendations regarding the development of the community. The Board of Zoning Adjustment has final authority regarding Variances and parcel Conditional Use Permits, certain zoning matters and development plans, and occasionally matters appealed either from the staff level or Planning Commission. The Board of Zoning Adjustment has Seven (7) members that are appointed by the City Council for a 4-year term starting on January 1 st and ending on December 31st
.
Section 11021 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards and Commissions with the recommendation of the City’s Appointments Committee.
DISCUSSION:
1 https://library.municode.com/ca/modesto/codes/code_of_ordinances?nodeId=CHTR_ARTXIAPBOCO_S1102APTE #5..
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City Council Meeting, July 22, 2025
Appointment to the Board of Zoning Adjustment
Board member Gary Blom’s second term ended on December 31, 2024, leaving a fullterm vacancy on the Board of Zoning Adjustment. This vacancy is to be filled by a prospective candidate subject to interviews by the Appointments Committee, as required by Council policy, with final approval by the City Council.
Outreach for the Board of Zoning Adjustment vacancy included posting the vacancy in the Modesto Bee, emails to designers, and architects whose permits were applied for in the last two years, as well as emails to current members of all Planning Committees to send on to their colleagues to apply. In addition, the vacancy was advertised through the City of Modesto’s social media.
The Appointments Committee received three (3) applications for the Board of Zoning Adjustment: all three candidates are registered voters in the City of Modesto, making them qualified for the Board. The Appointments Committee reviewed applications and conducted interviews on June 4, 2025, and recommended the appointment of Liberal “Lee” Avila to fill the one (1) vacancy with a term expiring December 31, 2028:
FISCAL IMPACT:
There is no fiscal impact related to this action.
COMMITTEE RECOMMENDATION:
On June 4, 2025, Appointments Committee made a motion recommending the appointment of Liberal “Lee” Avila to the one (1) vacancy with a first term expiring December 31, 2028, for the City of Modesto Board of Zoning Adjustment and forwarding to Council for approval.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the appointment of Liberal “Lee” Avila to the City of Modesto Board of Zoning Adjustment with a first term expiring December 31, 2028.
Approved by:
Jessica Hill, Director of Community &
Economic Development
Joseph P. Lopez, City Manager
#5..
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City Council Meeting, July 22, 2025
Appointment to the Board of Zoning Adjustment
Attachments:
1. Council Resolution
2. Board of Zoning Adjustment Bylaws
3. Cover Letter
4. Application
#5..
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07/22/2025/CED/JHill/Item X 1 2025-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XXX
RESOLUTION APPROVING THE APPOINTMENT OF LIBERAL “LEE”
AVILA TO THE CITY OF MODESTO BOARD OF ZONING ADJUSTMENT WITH A FIRST TERM EXPIRING DECEMBER 31, 2028
WHEREAS, Section 1102 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards and Commissions; and WHEREAS, Board Member Gary Blom’s second term expired on December 31, 2024; and
WHEREAS, the Appointments Committee met on June 4, 2025, and recommended the appointment of Liberal “Lee” Avila to the Board of Zoning Adjustment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Council of the City of Modesto that it herby appoints Liberal “Lee” Avila to the City of Modesto Board of Zoning Adjustment with a first term expiring December 31, 2028.
BE IT FURTHER RESOLVED, the City Clerk is hereby directed to transmit a copy of this resolution to the appointed member of the Modesto Board of Zoning Adjustment, and the Secretary thereof.
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07/22/2025/CED/JHill/Item X 2 2025-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 22nd day of July, 2025, 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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April 23, 1987
Revised November 18, 1999
RULES AND REGULATIONS
of the
BOARD OF ZONING ADJUSTMENT OF THE CITY OF MODESTO
ARTICLE I.
ORGANIZATION
Section 1.1 Establishment. The Board of Zoning Adjustment of the City of Modesto is established pursuant to the provisions of Article 19 of Chapter 2 of Title X of the Modesto Municipal Code.
ARTICLE II.
POWERS AND DUTIES
Section 2.1 Enumerated. The Board of Zoning Adjustment shall have the following powers and duties:
(a) Variances, and Conditional Use Permits, and Plot Plans. To grant certain variances, conditional use permits, and plot plan approvals in accordance with the provisions of Title X of the Modesto Municipal Code (Zoning Regulations). (b) Appeals from Administrative Decisions. To hear and determine appeals from the decisions of the Director of Planning and Community Development, the Chief Building Official, or any other administrative officer of the City which involves the application of any of the provisions of the zoning regulations.
(c) Advise with and make recommendations to the Council regarding other matters as may be either required by law or referred by the Council.
ARTICLE III.
MEETINGS
Section 3.1 Regular Meetings. The regular meeting of the Board shall be held at 10:00 o'clock a.m. on the fourth Thursday of each calendar month. If a regular meeting day falls on a holiday as defined by the Government Code of the State of California, the meeting shall be held on the next business day. If all members are absent from any regular or adjourned meeting, the Secretary may declare the meeting adjourned to a stated time and place. If the Secretary does so, the Secretary shall cause written notice of the adjournment to be given in the same manner provided for in Section 3.2 for special meetings unless the notice is waived as provided for special meetings.
Whenever a regular or adjourned regular meeting is adjourned as provided in this section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting shall be held, it shall be held at the hour specified for the regular meeting which was adjourned. #5..
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Rules and Regulations of the BZA
Section 3.2 Special Meetings. A special meeting may be called at any time by the Chairman of the Board whenever, in the Chair's opinion, the public business may require it, or upon the written request of two (2) members of the Board. Whenever a special meeting shall be called, written notice of such meeting shall be delivered personally or by mail by the Secretary of the Board to each member of the Board and to each local newspaper of general circulation, radio or television station requesting notice in writing. Such notice must be delivered at least twenty-four (24) hours before the time of such meeting as specified in the notice. The notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings by the Board. The written notice may be dispensed with as to any member of the Board who, at or prior to the time the meeting convenes, files with the Secretary a written notice of waiver. Waiver may be given by telegram. The written notice may also be dispensed with as to any member who is actually present at the meeting at the time it is convened.
Section 3.3 Place of Meetings. All regular meetings shall be held in the official Council Chambers of the City of Modesto or in such other location in the City as may be designated by the Board of Zoning Adjustment.
Section 3.4 Meetings to be Public. All meetings of the Board shall be open to the public.
Section 3.5 Quorum. A majority of the members of the Board shall constitute a quorum for the transaction of business, but fewer members than a quorum may adjourn from time to time.
Section 3.6 Roll Call Vote. A roll call vote shall be taken upon the passage of all resolutions and be entered upon the journal of the proceedings of the Board. Upon the request of any member, a roll call vote shall be taken and recorded on any vote. Whenever a roll call vote of the Board is in order, the names of the members shall be called in alphabetical order except that the name of the presiding officer shall be called last. All members present shall be required to vote. The affirmative or negative vote of a majority of the entire membership of Board shall be necessary for it to take action.
Section 3.7 Attendance. Regular attendance at all meetings of the Board is required of all members to enable the Board to discharge the duties imposed upon it by law. If a member is absent from three (3) regular meetings of the Board consecutively, without securing the permission of the Board expressed in its official minutes, he shall be deemed to have resigned from the Board, and the member's office shall become vacant.
Section 3.8 Agenda and Reports. In order to facilitate the orderly conduct of the business of the Board, the Secretary shall arrange an agenda of the matters to be considered by the Board at its next meeting together with a report outlining all known facts in each case to be considered by the Board, with such analysis as is necessary, including recommended action when appropriate. The agenda and all reports shall be delivered or mailed to each member of the Board, the City Manager, and the City Attorney prior to the Board meeting at which they are to be considered, as far as possible in advance of the meeting as time for preparation will permit. Matters not included on the agenda will not be acted upon by the Board unless (a) a #5..
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Rules and Regulations of the BZA
majority of the Board determines that an emergency situation exists, or (b) the Board by a two-thirds vote, or if less than two-thirds of the members are present, by a unanimous vote, determines that the need to take action arise subsequent to the agenda for the meeting being posted, or (c) the item was on a properly posted agenda for a prior meeting of the Board occurring not more than five (5) days prior to the meeting at which the action is taken.
Section 3.9 Field Trips. In cases where a view of the premises will assist the Board in making a decision, a field trip may be arranged prior to the meeting at which time that case shall be heard.
Section 3.10 Reading of the Minutes. Unless the reading of the minutes of the Board meeting is requested by a member of the Board, such minutes may be approved without reading if the Secretary has previously furnished each member of the Board with a copy thereof.
ARTICLE IV.
OFFICERS
Section 4.1 Enumerated. The officers of the Board shall be:
A chairman, whose duties shall be to preside at all meetings and call special meetings; and
A Vice-Chairman, who shall, in the absence of the Chairman, perform the duties of the Chairman.
Section 4.2 Election of Officers. As soon as practical following the first day of January of each year, the Board shall elect a Chairman and Vice-Chairman.
ARTICLE V.
PROCEDURES, POWERS, DUTIES, AND STAFF
Section 5.1 Designated. The provisions of the zoning regulations pertaining to procedures, powers, duties, and staff shall prevail. The Director of Planning and Community Development shall serve as Secretary to the Board. He shall keep a written record of all business transacted by the Board, notify Board members of meetings, and keep the official records of the Board. Upon the direction of the Board, the Secretary shall perform such other secretarial duties as the Board may require.
ARTICLE VI.
PARLIAMENTARY PROCEDURES
Section 6.1 - Rules of Debate. The Chairperson, or such other member of the Board of Zoning Adjustment as may be presiding, may second and debate from the chair, subject only to #5..
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Rules and Regulations of the BZA
such limitations of debate as are by these rules imposed upon all members. The Chairperson shall not be deprived of any of the rights and privileges of a Board member by acting as the Presiding Officer exempt the making of motions.
(a) Getting the floor. Every member desiring to speak shall address the chair, and, upon recognition by the Presiding Officer, shall address only the question under debate, avoiding all personalities and indecorous language.
(b) Interruptions. A member once recognized, shall not be interrupted when speaking other than by the Presiding Officer to call the member to order, or as herein otherwise provided. If a member, while speaking, be called to order, the member shall cease speaking until the question of order be determined, and, if in order, the member shall be permitted to proceed.
(c) Privilege of closing debate. The Board member moving the adoption of a resolution or motion shall have the privilege of closing the debate. (d) Remarks of Board member. A Board member may request through the Presiding Officer, the privilege of having an abstract of the member's statement on any subject under consideration by the Board entered in the minutes. If the Board consents thereto, such statement shall be entered in the minutes.
(e) Synopsis of debate. The Secretary may be directed by the Presiding Officer, with the consent of the Board, to enter in the minutes a synopsis of the discussion on any question coming regularly before the Board.
Section 6.2 - Rules for Processing of Motions.
(a) Making and withdrawing motions. When a motion is made, it shall be stated clearly and concisely by its mover. After a motion is made, it may be stated by the Presiding Officer before debate. A motion may be withdrawn by the mover without the consent of the remaining Board members.
(b) Divisible propositions. If the question contains two (2) or more divisible propositions, the Presiding Officer may, and upon request of a Board member shall, divide the same.
(c) Precedence of motions. When a motion is before the Board, no motion shall be entertained except (precedence in order indicating):
(aa) To adjourn.
(ab) To fix hour of adjournment.
(ac) To lay on the table.
(ad) For the previous question.
(ae) To postpone to a certain day.
(af) To refer.
(ag) To amend.
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Rules and Regulations of the BZA
(ah) To postpone indefinitely.
(d) Motion to adjourn. A motion to adjourn shall be in order any time except as follows:
(aa) When repeated without intervening business or discussion. (ab) When made as an interruption of a member while speaking. (ac) When the previous question has been ordered.
(ad) While a vote is being taken.
A motion to adjourn to "another time" is debatable only as to the time to which the meeting is adjourned.
(e) Motion to table. A motion to table or lay on the table is not debatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be "taken from the table" only by a successful motion to add it to the agenda at a subsequent meeting, to be discussed at the following regular meeting. (f) Motion for previous question. A motion for previous question shall close debate on the main motion and shall be undebatable. The statement by a Board member "I call for the question" does not accomplish the same purpose. If a motion fails, debate is reopened, if motion passes, then vote shall be taken on the main motion. (g) Motion to amend. A motion to amend shall be in order and is debatable only as to the proposed amendment. A motion to amend an amendment shall not be in order.
Amendments are to be voted first, then the main motion as amended. (h) Motion to postpone. A motion to postpone indefinitely shall be fully debatable and if the same is adopted the principal motion shall be declared lost. A motion to postpone to a definite time shall be amendable and debatable as to propriety of postponement and time set. (i) Motion to refer. A motion to refer to staff or to a Board committee shall not be debatable except for the propriety of referring.
(j) Motion to reconsider. A motion to reconsider any action taken by the Board may be made only on the day such action was taken. It may be made either immediately during the same session, or at a recessed or adjourned session thereof. Such motion must be made by one of the prevailing side, but may be seconded by any member, and may be made at any time and shall be debatable. Nothing herein shall be construed to prevent a Board member of the prevailing side from remaking the same motion at a subsequent meeting of the Board. #5..
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Rules and Regulations of the BZA
In such an event, the person desiring to remake the motion for reconsideration shall submit a written request for reconsideration to the Board Secretary, who shall place the matter on the agenda for the next regular meeting of the Board.
Section 6.3 - Parliamentarian. The Chairperson, acting with the advice of the City Attorney, shall decide all questions of interpretation of these rules and any other questions of a parliamentary nature which may arise at a Board of Zoning Adjustment meeting.
ARTICLE VII.
METHOD OF ACTION
Section 7.1 Decisions. All decisions of the Board made under the provisions of the zoning regulations shall be by resolution. All other determinations of the Board may be effected by motion, except when otherwise required by law.
ARTICLE VIII.
COMMITTEES
Section 8.1 Special Committees. There shall be such special committees as the Board may establish from time to time.
ARTICLE IX.
PUBLIC HEARINGS
Section 9.1 Public Hearing Procedures. The following rules shall govern the conduct of public hearings.
(a) All hearings will be recorded by mechanical means. If a reporter is desired, the fee or fees of such reporter shall be paid by the party requesting his services. (b) The real parties in interest, including the applicant or any party having a substantial interest in the hearing, may be represented by counsel or a spokesperson. (c) At the opening of the hearing, a factual report prepared in advance of the hearing by the Planning and Community Development Department staff will be read or presented by the Director of Planning and Community Development, or a member of the staff.
As a part of this presentation, suitable large-scale zoning maps, land-use maps and plot plans of the area concerned may be identified and placed in view of the Board and all persons attending the hearing.
(d) At the conclusion of the presentation by the Planning and Community Development Department staff, the applicant or proponents may testify, call witnesses and present any material exhibits, documents or other physical evidence. Reading at length from books and other written material will not be permitted. #5..
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Rules and Regulations of the BZA
(e) At the conclusion of the presentation by the applicant or proponents, any persons who oppose the application may testify, call witnesses and present any material exhibits, documents or other physical evidence. Reading at length from books and other written material will not be permitted.
(f) All exhibits, documents or other physical evidence used by applicant or other interested parties during the hearings, will be introduced into evidence and will become part of the record and retained by the Board until the decision becomes final. (g) Witnesses shall not be required to be sworn. Each witness will be required to approach the microphone and give their full name and address for the record before testifying. (h) The right to question the witnesses shall be afforded, if requested. However, the Chairman may require that such questions be addressed through the Chair for resubmission to the witness.
(i) The reading of details of letters and petitions by the persons submitting them will not be permitted. Such documents may be filed with the Secretary and the Secretary shall mark them as having been received for the limited purpose of showing the names of the persons protesting or supporting the application.
(j) While it is desirable in a democratic process to permit every person an unlimited right to speak, such a right unduly prolongs a public hearing and clouds the basic issue if the evidence presented is merely cumulative and repetitious. Therefore, whenever necessary, the Chairman will state that cumulative and repetitious evidence is to be avoided. Similarly, testimony and evidence which is incompetent, irrelevant or immaterial shall be foreclosed by the Chairman. If, because of the informality of the hearing, such improper evidence is received, it shall not be considered by the Board in reaching its decision. (k) The Board may establish special rules for individual meetings, establishing time limits for presentations and requiring presentations to be made through spokespersons, if possible.
(l) After those in favor and opposed to an application have been heard, the Chairman will ask for the recommendation of the Planning and Community Development staff and the reasons for such recommendation. After such recommendation, both the applicant and opponent shall be given a limited amount of time to summarize their position or respond to the recommendation, after which the Chairman shall close the public portion of the hearing. (m) The Board should discuss the issues involved and make its decision only after hearing the evidence presented at the public hearing. Discussion of the matter by members of the Board concurrently with or immediately following the staff's factual report and before the public has an opportunity to present its point of view may influence the Board action. Therefore, except for questions by the Board to obtain or clarify the facts, discussion of the matter by Board members should be delayed until after the public hearing is closed and the matter is presented to the Board for discussion and decision.
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Rules and Regulations of the BZA
(n) The Board may take a field trip to view the property involved in the public hearing. All field trips shall be taken as part of a regular, adjourned regular or special meeting of the Board and all interested persons will be afforded the opportunity to be present to hear any reports or comments. A complete record of such field trip will be entered into the minutes so the record will indicate that the field trip was taken into consideration as evidence. If a Board member has personal knowledge of the property or area, the Board member should make a statement to that effect at the time of the hearing so the record will reflect everything being taken into consideration in making the final decision. (o) In conducting a public hearing, the Board of Zoning Adjustment acts in a quasi-judicial capacity. Board members are responsible for ensuring that the public hearing is conducted in a fair and impartial manner. If a Board member receives a significant personal contact or telephone call outside of the public hearing which concerns a matter pending before or of interest to the Board, he or she shall disclose the substance and nature of the contact or call at the public hearing. If written materials are presented to the Board by an applicant or member of the public, a copy must be made available for public review by filing the materials with the Secretary at least three (3) days in advance of the meeting at which the item or matter is scheduled to be considered or at the time the materials are provided to any Board member, whichever is earliest.
(p) Summary of Procedure for Conduct of Public Hearings by the Modesto Board of Zoning Adjustment:
1. Opening of public hearing.
2. Factual staff report and (optional) recommendation.
3. Applicant's presentation.
4. Opposition presentation.
5. Staff recommendation.
6. Summation by applicant and opposition
7. Close of public portion of hearing.
8. Discussion and decision by Board.
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LIBERAL “LEE” AVILA
March 17th, 2025
Viktoria Slater
Community and Economic Development
Regarding: Board of Zoning Adjustment
Viktoria,
I am writing to express my interest in serving on the Board of Zoning Adjustment. I am enthusiastic about the opportunity to contribute to the thoughtful and balanced development of our community.
I have been in the architectural profession for twenty-eight years. I’m a Principal Architect and the Director of Healthcare studio for Teter Architects and Engineers. I have been proud to make a difference in the physical environment so people can enjoy their surroundings with emphasizing sustainability, accessibility and providing harmony with the existing community.
I am particularly motivated to give back to my community by serving on the Board of Zoning Adjustment and excited about the opportunity and the responsibility to help shape the future of our community.
Thank you for your time and consideration for this opportunity to make a difference.
Best regards,
Lee Avila
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Boards, Commissions and Committees Application
03/17/2025 11:47 AM (PDT)
Advisory Boards and Commissions Application
City of Modesto
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.
Board of Zoning Adjustment
The responsibility of the Board of Zoning Adjustment is to uphold the integrity of zoning regulations and the Modesto General Plan. The board makes decisions on applications for conditional use permits, variances and site plans for office development. The Board of Zoning Adjustment also hears appeals concerning decisions made by the Community and Economic Development Department staff.
Membership Requirements: Board Members must be a registered voter in the City of Modesto. Please note that application for this committee requires a financial disclosure statement (Statement of Economic Interests - Form 700) under State law.
Read full ByLaws and view current members and vacancies.
Board of Lot Adjustment
No
No
No
Applicant Information & Background
Liberal "Lee"
Avila
Architect
Submission ID: a40f9217-0f3e-4a8a-a9a8-ec15ba60119e Page 1/3 #5..
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I have volunteered time for Habitat for Humanity, Harvest Food of San Joaquin and Stanislaus County, and community food bank.
I was also a soccer coach for MYSA for four years.
Giving back to my community and having a small part in the development of the city.
Being on the Board I would bring a unique blend of qualities, experiences, and expertise including:
1. Regulatory insight: familiarity with building codes, zoning requirements, and promotes best practices.
2. Problem solving skills: navigate complex challenges and provide innovative solutions.
3. Collaborative spirit: working with diverse teams and stakeholders which fosters effective communication and collaboration.
4. Critical thinking: ability to assess the long-term impacts and feasibility of projects through details analysis.
Questionnaire
Community Group
Signature Agreement
03/17/2025
Application Disclosure
Please confirm that you acknowledge the above responsibilities and understand that your application is a public document and may be disclosed.
Yes, I confirm and acknowledge the above responsibilities and understand that my application is a public document and may be disclosed upon request.
Thank you for providing this information. After clicking ‘Submit’ you will receive a Submission ID number that can be retained for future reference.
You will be updated by our staff as your submission is processed.
Have a great day!
Submission ID: a40f9217-0f3e-4a8a-a9a8-ec15ba60119e Page 3/3 #5..
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
July 22, 2025
Date: June 23, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Christina Alger, Director of Human Resources
SUBJECT: Equity Commission Appointments
CONTACT: Christina Alger, Director of Human Resources
[email protected], 209-571-5126
DESCRIPTION:
Consider approving the appointments of Daley Perry, Rachell LeVeige and Diego Capistran to the Equity Commission for partial unexpired terms ending December 31, 2026. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:
The recommended action supports the City of Modesto’s 2025-2026 Strategic Plan Initiative:
Service and Delivery Goal I: Promote trust and engagement between the community and the City by enhancing responsiveness, communicating broadly about City opportunities and challenges, and increasing public participation in municipal affairs.
BACKGROUND:
The Affirmative Action Commission of the City of Modesto was established pursuant to the provisions of the Affirmative Action Program established by Modesto City Council Resolution No. 87-237 on April 7, 1987. With the passage of Proposition 209, the City reviewed its employment policies, affirmative action policies and other relevant policies and procedures and amended them as necessary to comply with Proposition 209. As part of the compliance effort, the Commission retitled from the Affirmative Action Commission to Equal Opportunity and Disability Commission by Resolution No. 98-134.
The Equity Commission was adopted by City Council on January 25, 2022, by Resolution No. 2022-054. This action renamed and repurposed the Equal Opportunity/Disability Commission to the Equity Commission. The original commission was charged with advising on matters related to equal employment opportunity. This Commission had become dormant for approximately the last five (5) years.
City staff created a Diversity, Equity, and Inclusion (DEI) program which also was adopted on January 25, 2022, by Resolution No. 2022-051. This comprehensive program addresses #6..
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City Council, July 22, 2025
Equity Commission Appointments
needed focus and training of staff City-wide for both internal relations and service to our community. Under the program are multiple Plans that address various aspects of DEI to include the Equal Employment Opportunity Plan, Language Access Plan, Americans with Disabilities (ADA) Plan, and the supporting Equity Commission.
The Equity Commission’s purpose is to advise on matters related to all facets of the DEI program and subsequent plans and initiatives. The former Equal Opportunity/Disability Commission jointly met with the Human Relations Commission. This practice will continue with the Equity Commission.
On December 16, 2024, Equity Commissioner Austin Grant submitted a Citizen Advisory Group Letter of Resignation with the City. On January 1, 2025, Equity Commissioner Joel Campos submitted a Citizen Advisory Group Letter of Resignation with the City. Both of their resignations were taken to City Council on February 25, 2025, and approved by City County by Resolution No. 2025-60.
On April 1, 2025, Equity Commissioner Adriana Garcia submitted a Citizen Advisory Group Letter of Resignation with the City. Her resignation was taken to City Council on April 22, 2025, and approved by City County by Resolution No. 2025-120.
DISCUSSION:
In 2023, the City’s Public Information Division advertised all open commission seats every two (2) weeks or twice a month via Facebook and Instagram. This Spring, the Human Resources Department advertised the Equity Commission vacancies by emailing the following local Central Valley organizations in order to hopefully receive a larger pool of candidates: City Ministry Network, Hispanic Chamber of Commerce, Latino Community Roundtable, League of Women Voters, Modesto Clergy Council, NAACP, South Modesto Businesses United, West Modesto Community Collaborative, West Modesto People of Action, Central Valley Hispanic Chamber of Commerce, Modesto Chamber of Commerce and Central Valley Price Center (MOPRIDE).
With the three resignations above, there are currently three (3) vacancies to the Equity Commission.
A total of eight (8) applications have been received to date and all eight (8) qualified for consideration. All eight (8) applications were considered by the Appointments Committee on June 4, 2025 and three (3) applicants, Daley Perry, Rachell LeViege and Diego Capistran, were recommended to move forward to the City Council for appointment.
FISCAL IMPACT:
There is no fiscal impact associated with this action.
COMMITTEE RECOMMENDATION:
This item was presented to the Appointments Committee on June 4, 2025, and the Committee recommended forwarding three (3) applications to Council for consideration and approval.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the appointments of Daley Perry, Rachell LeVeige and Diego Capistran to the Equity Commission for partial unexpired terms ending December 31, 2026. #6..
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City Council, July 22, 2025
Equity Commission Appointments
Approved by:
Christina Alger, Director of Human Resources
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
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1 MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX
RESOLUTION APPROVING THE APPOINTMENTS OF DALEY PERRY,
RACHELL LEVEIGE AND DIEGO CAPISTRAN TO THE EQUITY
COMMISSION FOR PARTIAL UNEXPIRED TERMS ENDING DECEMBER 31, 2026
WHEREAS, the Affirmative Action Commission of the City of Modesto was established pursuant to the provisions of the Affirmative Action Program established by Modesto City Council Resolution No. 87-237 on April 7, 1987; and WHEREAS, with the passage of Proposition 209, the City reviewed its employment policies, affirmative action policies and other relevant policies and procedures and amended them as necessary to comply with Proposition 209; and WHEREAS, as part of the compliance effort, the Commission retitled from the Affirmative Action Commission to Equal Opportunity and Disability Commission by Resolution No. 98-134; and
WHEREAS, with the creation of the Diversity, Equity, and Inclusion Program which includes Equal Opportunity and Disability accessibility; and WHEREAS, City staff retitled and repurposed the Equal Opportunity/Disability Commission to the Equity Commission and amended Article II Duties by Resolution No. 2022-054; and
WHEREAS, the Equity Commission is established to advise on matters of diversity, equity, and inclusion; and
WHERAS, the Appointments Committee of the City of Modesto met on June 4, 2025 and recommended the appointments of Daley Perry, Rachell LeViege and Diego Capistran to the Equity Commission.
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2 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the appointments of Daley Perry, Rachell LeViege and Diego Capistran as commission members to the Equity Commission for partial unexpired terms ending December 31, 2026.
BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to transmit a copy of this resolution to the appointed members of the Equity Commission, and secretary thereof.
The foregoing resolution was adopted at a regular meeting of the Council of the City of Modesto held on the 22nd day of July, 2025, 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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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
July 22, 2025
Date: June 25, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Bill Sandhu, Director of Public Works
SUBJECT: Three Appointments to the Blight Abatement Advisory Committee CONTACT: Rosene Nguyen, Integrated Waste Program Manager, [email protected] 209-577-5453
DESCRIPTION:
Consider approving the appointments of Maria Hernandez, Melanie Webb, and Melissa Burgess to the Blight Abatement Advisory Committee for a four-year term with an expiration date of December 31, 2029. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:
This recommended action is in conformance with City of Modesto 2025-2026 Strategic Plan Element: “Governance and Service Delivery”, Goal I: “Promote trust and engagement between the community and the City by enhancing responsiveness, communicating broadly about City opportunities and challenges, and increasing public participation in municipal affairs.”; Strategy No. Three: “enhance communication City-wide to reach a broader audience.” BACKGROUND:
The City of Modesto experiences blight in both public and private spaces. This includes illegal dumping of trash and large items such as mattresses, appliances, tires, green waste, vehicles, machine parts, illegal encampments, tagging, broken windows, unkempt properties, abandoned shopping carts, inoperable vehicles, and overgrown yards and properties. All contribute to blight in our community and can result in environmental, health, or safety issues for Modesto residents.
In 2019, during the Strategic Planning sessions with community members, a major theme was dissatisfaction regarding blight throughout the City. On December 10, 2019, by Resolution No. 2019-555, City Council approved the 2020-2025 Blight Abatement Strategy, which included the creation of a blight abatement taskforce comprised of public and private stakeholders that will make recommendations to the City regarding program improvements, potential funding opportunities, and support increasing volunteerism.
On October 13, 2020, by Resolution 2020-428, City Council approved the formation of the Blight Abatement Advisory Committee (BAAC) and solicited membership of the committee’s nine #7..
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City Council, July 22, 2025
Three Appointments to the Blight Abatement Advisory Committee
voting members. According to the Blight Abatement Strategy and the BAAC bylaws, the group acts in an advisory capacity to the City Council and City Manager in matters pertaining to blight and blight abatement efforts, promoting public engagement, blight program improvements, and potential related funding and volunteer opportunities.
The Blight Abatement Strategy has since been updated. On June 10, 2025, the 2025-2027 Blight Abatement Strategy was approved by Council by Resolution No. 2025-190. This current rendition still highlights the importance and impact of the BAAC.
DISCUSSION:
The BAAC is made up of seven Committee members who reside in Modesto, two members who reside in Stanislaus County, and one non-voting member appointed from City Council. Three members holding the position of registered electors of Modesto had terms expire May 31, 2025, resulting in three new vacancies on the Committee.
During a revitalization of the BAAC, the City’s Community and Media Relations Team led a 6- week online recruitment campaign beginning on July 14, 2024; staff posted information about the committee to social media and contacted community groups directly as part of this campaign. This was a strategy designed to generate interest and encourage community members to apply. Since this push, the City received 15 applications of which 14 are eligible to hold the position for registered electors of Modesto. Applications are valid and up for consideration for a year after submittal.
Of the 14 qualified candidates, six have been appointed to the Committee. Six of the eight remaining applicants have reconfirmed their interest in joining the Committee and their applications are included for consideration. One applicant, Maria Hernandez, has previously served a full term on the Committee, including time served as Chair of the Committee. Her term expiration date was May 31, 2025, but she has submitted an application to be considered for an additional term.
FISCAL IMPACT:
Appointing members to a committee is administrative in nature, and therefore, does not have a fiscal impact.
COMMITTEE RECOMMENDATION:
On June 4, 2025, the Appointments Committee recommended the appointment of Maria Hernandez, Melissa Burgess, and Melanie Webb to fill the three positions of registered electors of Modesto with terms expiring December 31, 2029, and to forward the item to Council for approval.
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City Council, July 22, 2025
Three Appointments to the Blight Abatement Advisory Committee
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving the appointments of Maria Hernandez, Melanie Webb, and Melissa Burgess to the Blight Abatement Advisory Committee for a four-year term with an expiration date of December 31, 2029.
Approved by:
Bill Sandhu, Public Works Director
Joseph P. Lopez, City Manager
Attachments:
1. Resolution
2. BAAC Bylaws
3. Recommended Candidate Matrix
4. Recommended Candidate Applications
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07/22/2025/PW/RNguyen/Item X 1 2025-XXX
MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XXX
RESOLUTION APPROVING THE APPOINTMENTS OF MARIA HERNANDEZ,
MELANIE WEBB, AND MELISSA BURGESS TO THE BLIGHT ABATEMENT
ADVISORY COMMITTEE FOR A FOUR-YEAR TERM WITH AN
EXPIRATION DATE OF DECEMBER 31, 2029
WHEREAS, the City of Modesto experiences varieties of blight in both private and public spaces which results in issues for residents; and WHEREAS, in 2019, during the Strategic Planning sessions with community members, a major theme was dissatisfaction regarding blight throughout the City; and WHEREAS, on December 10, 2019, by Resolution No. 2019-555, City Council approved the Blight Abatement Strategy, which included the creation of a blight abatement taskforce comprised of public and private stakeholders that will make recommendations to the City regarding program improvements, potential funding opportunities, and support increasing volunteerism; and WHEREAS, on October 13, 2020, by Resolution No. 2020-428, City Council approved the formation of the Blight Abatement Advisory Committee (BAAC) and solicited membership of the committee’s nine members; and WHEREAS, three vacancies currently exist on the BAAC for registered electors of Modesto; and
WHEREAS, the City’s Community and Media Relations Team led a six-week recruitment campaign; and
WHEREAS, a total of fifteen applications were received, fourteen of which were eligible for vacant positions, six have been appointed to the BAAC and six of the eight remaining applicants have reconfirmed their interest in joining the Committee; and #7..
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07/22/2025/PW/RNguyen/Item X 2 2025-XXX
WHEREAS, on June 4, 2025, the Appointments Committee reviewed the applications, and recommended the appointments of Maria Hernandez, Melanie Webb, and Melissa Burgess to the BAAC; and
WHEREAS, the terms will be for four years for each of the appointments extending through December 31, 2029.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the appointments of Maria Hernandez, Melanie Webb, and Melissa Burgess to the Blight Abatement Advisory Committee with a term expiring December 31, 2029.
BE IT FURTHER RESOLVED, that the City Clerk is directed to transmit a copy of this resolution to the appointed members of the Blight Abatement Advisory Committee, and the Secretary, thereof.
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07/22/2025/PW/RNguyen/Item X 3 2025-XXX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 22nd day of July, 2025 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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Page | 1
BLIGHT ABATEMENT ADVISORY COMMITTEE
BYLAWS
Adoption Date:__________ , Resolution No. __________
Article I. Definitions
Section 1.01 There is a Committee created to be known and designated as the Modesto Blight Abatement Advisory Committee
Section 1.02 As used in these Bylaws, unless a different meaning clearly appears from the context:
(a) "Member" shall mean a member of the Blight Abatement Advisory Committee. (b) "Blight Abatement Advisory Committee" and "Committee" shall mean the Blight Abatement Advisory Committee.
Article II. Mission Statement and Objectives
Section 2.01 Mission Statement:
The mission of the Blight Abatement Advisory Committee shall be to promote public engagement concerning blight abatement in the community and to make recommendations to the City regarding program improvements, potential funding opportunities, and support with increasing volunteerism Section 2.02 Vision Statement
A City that takes pride in its parks and neighborhoods and promotes opportunities for all residents to make Modesto more beautiful.
Section 2.03 Power and Duty
The Committee has the power and duty to:
(a) Act in an advisory capacity to the City Council and the City Manager in all matters pertaining to blight and blight abatement efforts. Blight includes abandoned vehicles, nuisance properties, litter, garbage, tagging, or other debris that is discarded improperly;
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(b) Formulate and recommend programs relating to blight abatement, fundraising efforts, and promoting volunteerism to promote a more beautiful city through blight abatement efforts;
(c) Promote engagement from nonprofits, neighborhood associations, and other groups to perform community clean ups; and support with engaging private stakeholders to raise funds for programmatic efforts for this committee;
(d) Receive reports from City staff on ongoing efforts and strategies that have been established by the city to abate blight, and offer recommendations for improvements to these strategies;
Article Ill. Membership
Section 3.01 The Blight Abatement Advisory Committee shall consist of nine (9) voting members and one (1) non-voting member, comprised of the following:
Seat Designation Term
Chairperson One year, voted by simple majority of
Committee.
Vice Chairperson One year, voted by simple majority of
Committee. Citizen
(Nine Committee members) - Voting
Four years, appointed by City
Council
Council Member – Non-voting One year, appointed by City Council Section 3.02 Seven (7) members of the Committee shall be registered electors of the City and two (2), of the nine voting members, shall live outside the City but shall be registered electors of Stanislaus County, and each will have active involvement or interest in beautifying the City of Modesto. In the event that no applications are received for the County positions, a registered elector of the City may be elected to fill the positions for one (1) term. Preference will be provided to residents from across the community, representing the diverse neighborhoods in Modesto. One (1) non-voting member is to be a Council Member of the City and will be appointed by City Council.
Section 3.03 No Member of the Committee shall be an employee of the City, nor of any bargaining unit for employees of the City, nor a person who receives compensation from the City. Section 3. 04 All appointments to the Committee shall be recommended by the City's Appointments Committee and approved by the City Council. #7..
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Section 3.05 No Member of the Committee shall be a relative, by blood or marriage within the third degree of the Mayor, a Councilmember, a Charter Officer, or any Department Director or Deputy Department Director. Section 3.06 All Members must complete a Statement of Economic Interest (Form 700) by April 1 of each year and when assuming or leaving Committee membership.
Article IV. Terms of Office
Section 4.01 Members may serve no more than two (2) consecutive terms in one period.
Section 4.02 A full term is four (4) years in duration.
Section 4.03 A partial term of at least two (2) years shall be considered a full term for purposes of Section 4.01.
Section 4.04 Full term appointments begin on January 1st and expire on December 31st, four (4) years later.
Section 4.05 No member shall serve more than eight (8) consecutive years.
Section 4.06 The Members of the Committee shall receive no compensation for the performance of their official duties.
Section 4.07 Appointments to fill vacancies on the Committee shall be handled in the same manner as the original appointments. When a vacancy occurs during a term, the appointment to fill such vacancy shall be considered the beginning of a new term.
Section 4.08 Members of the Committee may be removed by a majority vote of the City Council after a recommendation by the Committee Chairperson for the following reasons:
(a) Misconduct, inefficiency, or willful neglect in the performance of their duties providing the Member is first provided in writing the reasons for such removal and gives the Member the opportunity to be heard before the City Council in their own defense.
(b) Refusal to resign from the Committee when no longer a resident of the City or when a conflict of interest exists.
Article V. Attendance at Meetings
Section 5.01 It shall be the responsibility of each Member to know the dates and times of all Committee Meetings. If a Members knows he or she will not be able to attend a regularly scheduled meeting, it shall be his or her responsibility to notify the #7..
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staff appointed Committee Secretary at least forty-eight (48) hours before the meeting, in order for the absence to be recorded as an excused absence. Section 5.02 The minutes of each meeting will list those Members in attendance, those who are excused, and those who are unexcused.
Section 5.03 Attendance at meetings is expected and necessary to carry out the mission of the Committee. Three (3) or more unexcused absences are grounds for the removal from the Committee by the City Council under Section 4.08(a).
Article VI. Officers and Secretary and Their Duties
Section 6.01 Officers shall consist of Chair and Vice-Chair elected by a simple majority vote of Members of the Committee. Officers shall serve a one-year term. Section 6.02 All officers shall exercise all privileges of membership, including the making of motions, seconding, and debate.
Section 6.03 The Chair shall preside at all meetings, shall appoint all ad hoc committees, and shall ensure that the bylaws, rules, and regulations as adopted by the Committee are properly enforced.
Section 6.04 The Vice-Chair shall assist the Chair in his/her duties and in the absence of the Chair shall perform all duties usually performed by the Chair.
Section 6.05 The Committee Secretary shall be a City staff member, appointed by the department head, to serve as Secretary. The Committee Secretary shall keep a record of the minutes of all Committee meetings and such other duties as are usually performed by a secretary.
Article VII. Meetings
Section 7.01 Special meetings shall be called by the Chair as necessary.
Section 7.02 Notices of all meetings, including agendas, shall be given to all Members of the Committee, to the City Clerk, to the City Manager, and to the public and all others as provided by law. All such notices shall be at least seventy-two (72) hours prior to the time of such meeting.
Section 7.03 All meeting agendas will be posted at Tenth Street Plaza.
Section 7.04 All meetings shall comply with the requirements of the Ralph M. Brown Act.
Section 7.05 A quorum is necessary for the Committee to transact any business. A quorum shall be defined as a simple majority of active Committee Members, which is one-half of the active members plus one.
Section 7.06 All meetings of the Committee shall be open to the public and shall be held at #7..
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a public facility, which is accessible in accordance with the regulations of the Americans with Disabilities Act.
Section 7.07 Meetings shall be held at least once per quarter, every three (3) months.
Article VIII. Order of Proceedings
Section 8.01 Roberts Rules of Order shall be the guide for the parliamentary procedures for conduct of Committee meetings.
Section 8.02 The order of proceedings of all meetings shall be as follows, subject to majority vote of the Members present:
(a) Roll Call
(b) Declaration of Conflict of Interest
(c) Public Comment Period
(d) Consent Items
(e) Old Business
(f) New Business
(g) Committee Comments and Reports
(h) Matters Too Late for the Agenda
(i) Adjournment
Section 8.03 Members of the public shall speak as designated by the Chair and shall state his/her name before making any statement, which shall become part of the public record. The Chair may remove any person who refuses to follow these rules or the decision of the Chair.
Article IX. Amendments
Section 9.01 The Bylaws and any future amendments shall be subject to the final approval of the City Council and shall not and are not intended to go beyond any of the powers and duties given to the Committee by the City Council. #7..
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Candidate Maria Hernandez
Voter Status Verified by City
Clerk?
Yes, registered elector of City of Modesto
District 2
Does this applicant serve on any
other Boards/ Commissions/
Committees? If yes, which ones?
No
District 2
Occupation N/A
Education California State University, StanislausMaster of Public Administration - MPAMaster of Public Administration - MPA 2020Bachelor of Arts (B.A.), Communication, Public RelationsBachelor of Arts (B.A.), Communication, Public Relations 2015 Resident of Modesto Yes
Relevant experience Served as blight abatement advisory committee chair. I try and attend the events hosted to beautify our city and promote civic engagement.My public administration education and employment in the non-profit community for over 10 years have strengthen my love for the community - managing programs and services that require outreach, promotion, community input and fostering partnerships.
Community Involvement Having spent over a decade working in non-profits throughout Modesto, my career has been deeply intertwined with community wellbeing. My journey through various roles has provided me with extensive experience in addressing the needs of our local community.
The mission of these organizations naturally involved close collaboration with residents, partner organizations, and often, local government agencies.In my leadership roles, I've taken initiative in developing and managing community-focused projects and programs. This has required me to actively engage with various stakeholders, understand the dynamics of our community, and work collaboratively to achieve positive outcomes. My Master of Public Administration degree has further grounded my commitment to public service and community development principles, reinforcing the importance of civic engagement.My consistent work history within Modesto for over ten years reflects my dedication to this community. I've gained a strong understanding of the specific challenges and opportunities we face here. My professional path clearly demonstrates a long-standing and significant involvement in the well-being of the Modesto community. My focus has been on direct service and program leadership within a key local nonprofit, indicating a deep commitment to making a positive impact here at home. #7..
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Candidate Maria Hernandez
What about this position
interests you?
Continue the work from the beginning of this committee and continue to beautify Modesto.
What qualities, experience and
expertise would you bring to it?
Deeply Committed and Invested in Modesto: As a native, I possess a strong understanding of the local landscape, its challenges, and its opportunities. I am genuinely invested in the well-being and progress of our community.Collaborative and Partnership-Oriented:
My experience has ingrained in me the importance of building strong relationships and fostering collaboration among diverse stakeholders, including residents, businesses, and other community organizations. I believe in the power of working together to achieve common goals.Strategic Thinker with a Results-Oriented Approach: My leadership roles have honed my ability to think strategically, develop effective plans, and drive initiatives to achieve measurable outcomes. I am focused on finding practical solutions and ensuring accountability.Ethical and Dedicated to Public Service: My MPA education and my work within the non-profit sector underscore my commitment to ethical conduct, transparency, and serving the public interest. I approach all endeavors with integrity and a genuine desire to make a positive impact.Strong Communicator and Relationship Builder: I have experience communicating effectively with diverse groups of people, building trust, and fostering positive working relationships. This is crucial for effective collaboration and achieving consensus.
Stakeholder Engagement and Partnership Development: As highlighted previously, a significant aspect of my work has involved building and maintaining effective partnerships with various community stakeholders to achieve shared objectives. I have a track record of successfully bringing different groups together.Public Administration Principles: My MPA education provides a strong theoretical foundation in public policy, community development, organizational management, and public finance. This knowledge equips me with a framework for understanding and addressing complex community issues.Community Development Strategies:
Through my work and education, I have gained insights into various strategies for fostering positive community change and addressing challenges effectively.Program Planning and Evaluation: I have experience in developing clear program goals, identifying key performance indicators, and evaluating the effectiveness of initiatives to ensure they are achieving their intended impact.Resource Development and Grant Writing (Potential): Depending on the specifics of my roles, I may also bring experience in identifying funding opportunities and developing successful grant proposals to support community initiatives.In essence, I would bring a combination of on-the-ground experience within the Modesto community, a strong academic foundation in public service, and a proven ability to collaborate, lead, and achieve results. I am eager to contribute my skills and dedication to the committee. #7..
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Candidate
Voter Status Verified by City
Clerk?
District
Does this applicant serve on any
other Boards/ Commissions/
Committees? If yes, which ones?
District
Occupation
Education
Resident of Modesto
Relevant experience
Community Involvement
Melanie Webb Melissa Burgess
Yes, registered elector of City of
Modesto
Yes, registered elector of City of Modesto
2 6
No No
1 2
Bookkeeper Quality Auditor
Valley Commercial College
AccountongThomas Downey
Bussiness Administration R.O.P.
program Financial Services
Some college, no degree. Certificate in Home Health,
Direct Support Professional Certificate, Registered
Behavioral Technician
Yes Yes
Certified in preliens, and small
claims.
I worked for a non-profit for a many years in the past, I served on our long-term planning committee. I also
attended every board meeting as well as public
functions while working as a program manager for a
Day program that served adults with developmental
disabilities.
I have limited involvement, but
am looking to get more involved
now my kids are grown.
I'm very passionate about the people in our community
in Modesto and Stanislaus county. I was a member of
the Latino community round table for a few years in the past. I worked for Howard training center for many
years and was greatly involved in the community while
working there.
#7..
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Candidate
What about this position
interests you?
What qualities, experience and
expertise would you bring to it?
Melanie Webb Melissa Burgess
I'm interested, because I want to
be a part of keeping Modesto
Beautiful
I was born and raised in Modesto, I've raised my
children here and I'm currently a grandmother. So I've
seen this city develop over the last 44 years, you know and I just can't complain about anything unless I am
trying my best to make it better.
I'm observervant, and a quick
learner. I'm dependable, helpful
knowledgeable, I love my
community and work well with
others. I think I bring an open
mind and a desire to give back.
I'm dedicated, observant, unbiased and believe very
much so in cultural diversity. I grew up in the county
maintained area so there was no sidewalks or city
sewer, I have lived in some of the less desirable areas of Modesto, every morning I pass the homeless shelter
on my way to work. I participate in the love Modesto is frequently as I can. And I try to be engaged in
community activities, and want this city to be a cleaner better place not just for me and my family, but for
everyone else in their family as well. And I know we
need people that are dedicated to our community not
just criticizing but enabling and uplifting for a better positive outcome.
#7..
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Boards, Commissions and Committees Application
05/05/2025 5:47 PM (PDT)
Advisory Boards and Commissions Application
City of Modesto
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.
Blight Abatement Advisory Committee
The mission of the Blight Abatement Advisory Committee shall be to promote public engagement concerning blight abatement in the community and to make recommendations to City regarding program improvements, potential funding opportunities, and support with increasing volunteerism.
Membership Requirements: Seven (7) members of the Committee must be registered voters in Modesto, two (2) must be registered voters in Stanislaus County.
Read full ByLaws and view current members and vacancies.
Yes
Yes
i.
Blight Abatement Advisory Committee
06/09/2021
05/31/2025
Submission ID: dd70bd2a-8306-4fb8-baf0-abb9d3c67297 Page 1/7 #7..
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#7..
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Applicant Demographics
City of Modesto invites all applicants to voluntarily self-identify their gender, race/ethnicity, veteran status and disability. Submission of this information is voluntary and refusal to provide will not affect the application process. The information will be kept confidential and will only be used in accordance with the provisions of applicable laws, executive orders and regulations, including those that require the information to be summarized and reported to the federal government for civil rights enforcement.
Submission ID: dd70bd2a-8306-4fb8-baf0-abb9d3c67297 Page 3/7 #7..
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Qualifications
Served as blight abatement advisory committee chair.
I try and attend the events hosted to beautify our city and promote civic engagement.
My public administration education and employment in the non-profit community for over 10 years have strengthen my love for the community - managing programs and services that require outreach, promotion, community input and fostering partnerships.
Having spent over a decade working in non-profits throughout Modesto, my career has been deeply intertwined with community well-being. My journey through various roles has provided me with extensive experience in addressing the needs of our local community. The mission of these organizations naturally involved close collaboration with residents, partner organizations, and often, local government agencies.
In my leadership roles, I've taken initiative in developing and managing community-focused projects and programs. This has required me to actively engage with various stakeholders, understand the dynamics of our community, and work collaboratively to achieve positive outcomes. My Master of Public Administration degree has further grounded my commitment to public service and community development principles, reinforcing the importance of civic engagement.
My consistent work history within Modesto for over ten years reflects my dedication to this community. I've gained a strong understanding of the specific challenges and opportunities we face here. My professional path clearly demonstrates a long-standing and significant involvement in the well-being of the Modesto community. My focus has been on direct service and program leadership within a key local non-profit, indicating a deep commitment to making a positive impact here at home.
Continue the work from the beginning of this committee and continue to beautify Modesto.
Deeply Committed and Invested in Modesto: As a native, I possess a strong understanding of the local landscape, its challenges, and its opportunities. I am genuinely invested in the well-being and progress of our community.
Collaborative and Partnership-Oriented: My experience has ingrained in me the importance of building strong relationships and fostering collaboration among diverse stakeholders, including residents, businesses, and other community organizations. I believe in the power of working together to achieve common goals.
Strategic Thinker with a Results-Oriented Approach: My leadership roles have honed my ability to think strategically, develop effective plans, and drive initiatives to achieve measurable outcomes. I am focused on finding practical solutions and ensuring accountability.
Ethical and Dedicated to Public Service: My MPA education and my work within the non-profit sector underscore my commitment to ethical conduct, transparency, and serving the public interest. I approach all endeavors with integrity and a genuine desire to make a positive impact.
Strong Communicator and Relationship Builder: I have experience communicating effectively with diverse groups of people, building trust, and fostering positive working relationships. This is crucial for effective collaboration and achieving consensus.
Submission ID: dd70bd2a-8306-4fb8-baf0-abb9d3c67297 Page 4/7 #7..
- 122 -
Stakeholder Engagement and Partnership Development: As highlighted previously, a significant aspect of my work has involved building and maintaining effective partnerships with various community stakeholders to achieve shared objectives. I have a track record of successfully bringing different groups together.
Public Administration Principles: My MPA education provides a strong theoretical foundation in public policy, community development, organizational management, and public finance. This knowledge equips me with a framework for understanding and addressing complex community issues.
Community Development Strategies: Through my work and education, I have gained insights into various strategies for fostering positive community change and addressing challenges effectively.
Program Planning and Evaluation: I have experience in developing clear program goals, identifying key performance indicators, and evaluating the effectiveness of initiatives to ensure they are achieving their intended impact.
Resource Development and Grant Writing (Potential): Depending on the specifics of my roles, I may also bring experience in identifying funding opportunities and developing successful grant proposals to support community initiatives.
In essence, I would bring a combination of on-the-ground experience within the Modesto community, a strong academic foundation in public service, and a proven ability to collaborate, lead, and achieve results. I am eager to contribute my skills and dedication to the committee.
Submission ID: dd70bd2a-8306-4fb8-baf0-abb9d3c67297 Page 5/7 #7..
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Questionnaire
Other (Please specify)
Previous member
Submission ID: dd70bd2a-8306-4fb8-baf0-abb9d3c67297 Page 6/7 #7..
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Signature Agreement
05/05/2025
Application Disclosure
Please confirm that you acknowledge the above responsibilities and understand that your application is a public document and may be disclosed.
Yes, I confirm and acknowledge the above responsibilities and understand that my application is a public document and may be disclosed upon request.
Thank you for providing this information. After clicking ‘Submit’ you will receive a Submission ID number that can be retained for future reference.
You will be updated by our staff as your submission is processed.
Have a great day!
Submission ID: dd70bd2a-8306-4fb8-baf0-abb9d3c67297 Page 7/7 #7..
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Submission ID bd98e317 c7eb 4d0c a382 f86cd15c05ed Page 1/8 Boards, Commissions and Committees Application
07/21/2024 8:26 AM (PDT)
Advisory Boards and Commissions Application
City of Modesto
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.
Blight Abatement Advisory Committee
The mission of the Blight Abatement Advisory Committee shall be to promote public engagement concerning blight abatement in the community and to make recommendations to City regarding program improvements, potential funding opportunities, and support with increasing volunteerism.
Membership Requirements: Seven (7) members of the Committee must be registered voters in Modesto, two (2) must be registered voters in Stanislaus County.
Read full ByLaws and view current members and vacancies.
No
No
No
#7..
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Submission ID bd98e317 c7eb 4d0c a382 f86cd15c05ed Page 2/8 Applicant Information & Background
Melanie
Webb
Bookkeeper
Modesto
California
95350
Valley Commercial College Accountong
Thomas Downey Bussiness Administration
R.O.P. program Financial Services
Document Uploads
You may upload a cover letter and resume to outline your educational, work and community service experiences. #7..
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Submission ID bd98e317 c7eb 4d0c a382 f86cd15c05ed Page 3/8 Applicant Demographics
City of Modesto invites all applicants to voluntarily self-identify their gender, race/ethnicity, veteran status and disability. Submission of this information is voluntary and refusal to provide will not affect the application process. The information will be kept confidential and will only be used in accordance with the provisions of applicable laws, executive orders and regulations, including those that require the information to be summarized and reported to the federal government for civil rights enforcement.
#7..
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Submission ID bd98e317 c7eb 4d0c a382 f86cd15c05ed Page 4/8 Qualifications
Certified in preliens, and small claims.
I have limited involvement, but am looking to get more involved now my kids are grown.
I'm interested, because I want to be a part of keeping Modesto Beautiful
I'm observervant, and a quick learner. I'm dependable, helpful knowledgeable, I love my community and work well with others. I think I bring an open mind and a desire to give back.
#7..
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Submission ID bd98e317 c7eb 4d0c a382 f86cd15c05ed Page 6/8 Questionnaire
Other (Please specify)
Online website
#7..
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Submission ID bd98e317 c7eb 4d0c a382 f86cd15c05ed Page 8/8 Signature Agreement
07/21/2024
Thank you for providing this information. After clicking ‘Submit’ you will receive a Submission ID number that can be retained for future reference.
You will be updated by our staff, if necessary, as your submission is processed.
Have a great day!
#7..
- 131 -
Submission ID f40971d5 ef9d 4a94 b619 1e8e1e7e1aab Page 1/8 Boards, Commissions and Committees Application
07/21/2024 7:23 AM (PDT)
Advisory Boards and Commissions Application
City of Modesto
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.
Blight Abatement Advisory Committee
The mission of the Blight Abatement Advisory Committee shall be to promote public engagement concerning blight abatement in the community and to make recommendations to City regarding program improvements, potential funding opportunities, and support with increasing volunteerism.
Membership Requirements: Seven (7) members of the Committee must be registered voters in Modesto, two (2) must be registered voters in Stanislaus County.
Read full ByLaws and view current members and vacancies.
Registered voter within Modesto City limits
No
No
No
#7..
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Submission ID f40971d5 ef9d 4a94 b619 1e8e1e7e1aab Page 2/8 Applicant Information & Background
Melissa
Burgess
Quality Auditor
Modesto
California
95350
Some college, no degree. Certificate in Home Health, Direct Support Professional Certificate, Registered Behavioral Technician
Document Uploads
You may upload a cover letter and resume to outline your educational, work and community service experiences. #7..
- 133 -
Submission ID f40971d5 ef9d 4a94 b619 1e8e1e7e1aab Page 3/8 Applicant Demographics
City of Modesto invites all applicants to voluntarily self-identify their gender, race/ethnicity, veteran status and disability. Submission of this information is voluntary and refusal to provide will not affect the application process. The information will be kept confidential and will only be used in accordance with the provisions of applicable laws, executive orders and regulations, including those that require the information to be summarized and reported to the federal government for civil rights enforcement.
#7..
- 134 -
Submission ID f40971d5 ef9d 4a94 b619 1e8e1e7e1aab Page 4/8 Qualifications
I worked for a non-profit for a many years in the past, I served on our long-term planning committee. I also attended every board meeting as well as public functions while working as a program manager for a Day program that served adults with developmental disabilities.
I'm very passionate about the people in our community in Modesto and Stanislaus county. I was a member of the Latino community round table for a few years in the past. I worked for Howard training center for many years and was greatly involved in the community while working there.
I was born and raised in Modesto, I've raised my children here and I'm currently a grandmother. So I've seen this city develop over the last 44 years, you know and I just can't complain about anything unless I am trying my best to make it better.
I'm dedicated, observant, unbiased and believe very much so in cultural diversity.
I grew up in the county maintained area so there was no sidewalks or city sewer, I have lived in some of the less desirable areas of Modesto, every morning I pass the homeless shelter on my way to work. I participate in the love Modesto is frequently as I can. And I try to be engaged in community activities, and want this city to be a cleaner better place not just for me and my family, but for everyone else in their family as well. And I know we need people that are dedicated to our community not just criticizing but enabling and uplifting for a better positive outcome.
#7..
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Submission ID f40971d5 ef9d 4a94 b619 1e8e1e7e1aab Page 6/8 Questionnaire
Other (Please specify)
Social media
#7..
- 136 -
Submission ID f40971d5 ef9d 4a94 b619 1e8e1e7e1aab Page 8/8 Signature Agreement
07/21/2024
Thank you for providing this information. After clicking ‘Submit’ you will receive a Submission ID number that can be retained for future reference.
You will be updated by our staff, if necessary, as your submission is processed.
Have a great day!
#7..
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- 1 -
6/24/2025 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, June 24, 2025 at 5:30 PM
Special City Council – Closed Session Meeting 3:30 P.M.
Roll Call - Present: Councilmembers Alvarez (arrived at 3:40 p.m.), Bavaro, Escutia-Braaton, Ricci, Williams (recused from item 3 on the Closed Session agenda), 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
City Clerk’s Announcements
Item 9 was pulled for a separate vote.
Declaration of Conflicts of Interest
Williams – Item 3 of Closed Session re: Property Negotiations at 601 Neece Dr.
Wright - Item 9 re: McHenry Comic Management LLC.
Bavaro - Item 9 re: Phenos Collective Inc. and Paradise West Inc.
Reports from Closed Session
Mayor Zwahlen reported out regarding Employee Performance Evaluation of City Manager Joe Lopez evaluation. Pursuant to City Charter section 725, the City Council reviewed the performance of the City Manager as it relates to the core competencies of the #8..
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- 2 -
6/24/2025 5:30:00 PM
City Manager position, his duties and responsibilities, his past achievements during this rating period, as well as his upcoming goals for this next year, and found City Manager Lopez to be a very hard working individual that does a fine job in managing the organization and that he consistently makes sound decisions and recommendations to Council. Council values what he brings to the organization and commends him for his leadership, his high integrity and his strong work ethic. They truly appreciate everything that he and his entire leadership team has accomplished this past year and look forward to working in partnership with him in the years to come.
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring July as Disability Rights Month. (Funding Source: Not Applicable)
CITY COUNCIL; Breanna Griffin, 209-577-5421, [email protected] ACTION: Mayor Zwahlen presented a proclamation declaring July as Disability Rights Month.
MISCELLANEOUS
2. Consider accepting the resignation of Diane Kroeze from the Citizens’ Transportation Sales Tax Commission. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution accepting the resignation of Diane Kroeze from the Citizens’ Transportation Sales Tax Commission.
ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2025-212 accepting the resignation of Diane Kroeze from the Citizens’ Transportation Sales Tax Commission.
3. Consider approving the appointment of Melinda Martin to fill one City of Modesto representative vacancy to the Stanislaus Animal Services Agency Advisory Committee for a two-year term beginning July 1, 2025 through June 30, 2027. (Funding Source:
Not Applicable)
Staff Recommendation:
Resolution approving the appointment of Melinda Martin as the City of Modesto representative to the Stanislaus Animal Services Agency Advisory Committee for a two-year term beginning July 1, 2025, through June 30, 2027.
CITY MANAGER; Scotty Douglass, 209-577-9149, [email protected] ACTION: (Ricci/Alvarez; 7/0) Resolution 2025-213 approving the appointment of Melinda Martin as the City of Modesto representative to the Stanislaus Animal Services Agency Advisory Committee for a two-year term beginning July 1, 2025, through June 30, 2027.
4. Consider approving the appointment of Thomas Orosco for the City of Modesto Public #8..
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Member of the Audit Committee for a partial unexpired term ending June 30, 2027. (Funding Source: Not Applicable)
Staff Recommendation:
Resolution approving the appointment of Thomas Orosco for the City of Modesto Public Member of the Audit Committee for a partial unexpired term ending June 30, 2027.
FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
ACTION: (Williams/Bavaro; 7/0) Resolution 2025-214 approving the appointment of Thomas Orosco for the City of Modesto Public Member of the Audit Committee for a partial unexpired term ending June 30, 2027.
PUBLIC COMMENT IN PERSON
Rossy Arqullo urged the Modesto City Council to address the unregulated sale of flavored tobacco to minors. She called for a mandatory licensing Ordinance for all tobacco retailers—not just smoke shops—citing serious health risks to youth and urging immediate action to close enforcement gaps.
Juan Molinares addressed the City Council about unresolved property damage caused by a City-owned tree in front of his home. He explained that the tree damaged his driveway, leading to repair costs of over $35,000. Despite efforts over four years to resolve the issue, including contact with City staff, no assistance has been provided.
The tree was eventually removed, but only after significant damage had already occurred. Juan requested help from the City to cover the repair costs. Austin Grant raised concerns about how police handled a recent protest, particularly in relation to Municipal Code section 4-23.02(13), which he believes was misapplied. He called on the City Council to review, amend, or repeal the Ordinance, suggesting they research its origin, assess its current relevance, and involve the public through hearings. He emphasized that community concern is growing and urged timely action. John Mataka requested a public hearing on the same Municipal Code referenced by the previous speaker. He criticized the Modesto Police Department’s handling of a smaller protest at 1010 10th Street, suggesting the response—including arrests and use of force—was excessive and possibly influenced by the protest's topic or the racial makeup of its participants. He also pointed out the ongoing relevance of mask-wearing due to COVID-19 variants. Mataka urged the City to engage the community in open dialogue and review police actions related to the protest. Harlan Diven spoke about police actions during a June 14th protest. She described witnessing an arrest where officers in an unmarked vehicle quickly detained a masked individual without provocation or explanation. Diven stated that several arrests appeared targeted and involved unhoused youth. She expressed concern that those arrested were threatened with severe penalties under Penal Code 185, which she #8..
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viewed as an inappropriate and chilling response intended to suppress free speech. She urged the City Council to consider the broader implications of such enforcement. Giancarlo spoke about police actions during the “ICE OUT” protest. He claimed the protest was intentionally targeted by Modesto Police for strict enforcement of a Municipal Code banning certain masks, allegedly under direct orders from the Police Chief. Giancarlo described a heavy police presence, including officers in military gear and unmarked vehicles, and said arrests were made without provocation. He characterized the response as discriminatory and racially motivated, given the protest’s organizers and attendees were primarily people of color. He called for the full repeal of the Municipal Code, an independent investigation into police conduct, dismissal of all related charges, and an end to targeted policing.
Nora urged the City Council to repeal Municipal Code 4-23.02, which prohibits masks during public demonstrations. She argued the law is being misused to intimidate peaceful protesters, many of whom wear masks for health and safety or to avoid harassment. Nora criticized the origins and enforcement of the ordinance, claiming it enables biased policing and unjust arrests. She called the police actions on June 14th both discriminatory and harmful, and asked the Council to repeal the ordinance and drop all related charges.
Nic, a participant in both June 14th protests, described witnessing and experiencing what he viewed as targeted police actions against organizers and vulnerable individuals, particularly at the CV BIPOC-led protest. Drawing parallels to historic government surveillance and suppression of civil rights movements, he expressed deep concern over the use of police tactics that he likened to those of authoritarian regimes.
Nic emphasized that many wore masks for health reasons, not concealment, and criticized the use of public safety laws to suppress peaceful dissent. He called for serious reform of both the municipal mask ordinance and police conduct. Manuela condemned the Modesto Police Department’s actions during the June 14th protest, accusing them of using fear tactics and excessive force similar to ICE. She criticized unmarked vehicles, lack of identification, and the arrest of seven people without clear cause. Manuela demanded the full repeal of the mask ordinance, an independent investigation into police conduct, immediate dismissal, and record clearance for those arrested, and an end to targeted repression of marginalized communities in Modesto and the Central Valley. She emphasized the harm caused to unhoused youth and urged the Council to listen to their constituents. Anthony criticized the Municipal Code restricting mask use during protests, highlighting its conflict with the Americans with Disabilities Act (ADA), especially considering long COVID as a disability. He condemned the police’s aggressive arrests on June 14th and suggested they amounted to profiling. Anthony called on the City Council to repeal the ordinance, drop charges against those arrested, and restore true First Amendment freedoms. He urged officials to prioritize the community’s interests over police power and political repression.
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Gavin Bruce, a participant in the Central Valley BIPOC protest on June 14th, described police confiscation of the protest’s PA system, which hindered communication of safety information. He witnessed an unprovoked arrest by officers in tactical gear using an unmarked vehicle, without explanation. Gavin suggested police were deliberately trying to escalate tensions to justify budget increases. He praised the protest’s peaceful turnout despite police presence and urged the City Council to drop all charges against those arrested and launch an independent investigation into police actions. Steve spoke about witnessing police targeting peaceful protesters in Modesto, including himself, whom he said was arrested without explanation during the June 14th protest. He criticized the Municipal Code as part of broader discrimination linked to the rise of extremist groups and political repression. Steve urged the City Council to uphold democratic values by meeting the demands of the Central Valley BIPOC coalition, including dropping all charges and repealing the ordinance. Ian condemned the police tactics used against peaceful protesters, describing them as violent, terrorizing, and unjustified. He highlighted the disparity between how larger protests were treated versus the smaller rally, accusing the police of selective enforcement and abuse of power. Ian called for a reevaluation of the Municipal Code and the accountability of those charged with protecting the community, praising the bravery of the protesters in contrast to the police.
Emanuel Lopez spoke about witnessing the wrongful detention of seven community members during the June 14th CV BIPOC and No Kings protests. He described police using fear tactics, including loud announcements of riot control methods, and making arrests without warning, reading rights, or clear charges. Emanuel highlighted an incident where an officer used excessive force, breaking a person’s finger. He called on police officers who prioritize fear and profiling over protection to resign and urged the City Council to end injustice by dropping charges against those arrested. Leah Hassett spoke about attending the June 14th CV BIPOC rally with her young adult daughter. She emphasized the importance of young people having agency and a voice in their community. Leah expressed concern that police actions—such as grabbing protesters and placing them in unmarked cars—felt like repression and oppression, not freedom, damaging community trust in law enforcement. She urged for a safer environment for peaceful protest and condemned the police tactics resembling ICE’s intimidation. Leah fully supported the demands of CV BIPOC, including repealing repressive codes and dropping charges against arrested protesters. Liz Talbot a rally organizer, spoke in solidarity with the CV BIPOC group. She urged Modesto officials to revisit and reconsider the mask ordinance, highlighting the constitutional right to free speech without restrictions on dress. Liz noted the disparity in police response between the smaller and larger rallies, questioning the rationale behind targeting mask-wearers at the smaller event. She expressed concern for Waterford constituents—many from immigrant families—who felt unsafe and left the #8..
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protest early due to fear of arrests. Liz emphasized that the ordinance violates First Amendment rights and urged Modesto leaders to uphold their constitutional oath. Efrain Diaz, organizer with CV BIPOC, described how Modesto PD escalated tension at the June 14th protest by arresting a participant for wearing a mask and holding a flag, charging him with resisting arrest despite no resistance. Police used aggressive tactics, including a shotgun pointed at protesters, creating a climate of fear reminiscent of ICE raids. Diaz called for a full repeal of the mask ordinance (Municipal Code 4-
23.02.13), an independent investigation into MPD’s actions, immediate dismissal and record clearance of all charges, and an end to political repression targeting marginalized communities in Modesto and the Central Valley. Alex Garcia, a Latino community member and organizer of the ICE protest, shared his family’s immigrant background and the risks peaceful protesters face due to federal policies targeting immigrants. He emphasized that wearing masks for anonymity during protests is a protected form of free expression under the First Amendment, especially important for vulnerable communities fearing deportation or surveillance.
He called the Modesto mask ordinance unconstitutional and redundant given state law already covers concealing identity during crimes. Garcia demanded all charges from the arrests be dropped and the Ordinance fully repealed, pledging to fight vigorously if the Council fails to act.
Leah a concerned community member, condemned the police violence and repression at the June 14th Ice Out anti-deportation protest, where six peaceful protesters were unjustly arrested under Modesto’s anti-mask ordinance (Municipal Code 4-23.02, subsection 13). She emphasized that the ordinance has been weaponized, enabling discriminatory police actions that violate basic rights, including masking to protect against illness and harassment. Leah called on the City Council to repeal the ordinance and to strengthen the Community Police Review Board’s power to hold the Modesto Police Department accountable through independent investigations, highlighting the need for real consequences for police misconduct.
Isaac, one of the seven people arrested on June 14th, expressed heartfelt gratitude for the support he has received, saying he never expected it and sincerely thanked everyone.
Jessica, a community member present at the June 14th protest, criticized the Modesto Police Department for poor communication and minimal public education about the municipal code on masks. She observed that MPD used excessive force and fear tactics during the protest, including unmarked vehicles, riot gear, and aggressive detainments without explaining reasons or asking about exemptions. Jessica highlighted a double standard, noting that at other events like the Straight Pride parade and Proud Boys rallies, mask-related arrests were minimal despite violence there. She accused MPD of selectively enforcing the ordinance to push a political agenda, targeting vulnerable groups under the pretense of safety. Jessica demanded a full repeal of Modesto Municipal Code 4-23.02 subsection 13 and urged City officials to remember they are #8..
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accountable to the voters speaking out against this Ordinance. Daisy Mae Strauss spoke in support of the Central Valley BIPOC Coalition. She called on the Council to drop the charges against those arrested, repeal the mask ordinance, and expand the powers of the MPD Review Board to enable thorough investigations and accountability for police misconduct in the community. Laura Plascencia expressed deep concern about rising oppression and fascism locally, particularly highlighting Modesto PD’s actions as hostile and against the community.
She warned that without standing up now, democratic rights such as public comment may soon be restricted. Laura called for the immediate dismissal of charges against those arrested, an independent investigation into Modesto PD’s conduct, and reassessment or removal of the penal code related to mask restrictions. She criticized the police for their lack of cultural and emotional competency and their discriminatory treatment of peaceful community members who were protecting their health and safety.
She urged Councilmembers to support the community in resisting this toxic environment and to protect democratic freedoms.
Monica Flores attended the protest on June 14th with her family and described police actions as sudden and aggressive, including an unannounced arrest and officers surrounding an individual with guns. She found these actions frightening but said they strengthened her resolve to advocate for her community. Flores expressed a desire for mutual trust between residents and law enforcement in Modesto, noting that the events she witnessed did not reflect that trust.
Jasmine Navarro, a Modesto community member, expressed deep concern about the fear and anxiety experienced by local communities during these times of repression.
She found it upsetting that some police officers are involved in acts of violence against the community. Jasmine called for higher standards and better use of police funding to truly serve and protect the community. She also highlighted the tension in being a sanctuary state while fears persist about police cooperation with ICE, urging for clearer protections and cooperation to safeguard residents. She ended with a hopeful call for collaboration and progress.
Cecilia Flores shared that their group coordinated with another protest group at Graceada to hold an organized, peaceful march. She noted that police were present and involved even before the protest began, creating an atmosphere that seemed intended to discourage gathering and engagement. Despite their efforts to communicate and merge the protests peacefully, tensions escalated. Cecilia called for all charges against those arrested that day to be dropped.
Marisol Ramirez spoke in support of her niece and reflected on the limitations of free speech for non-U.S. citizens. She explained that while U.S. citizens have free speech protections, legal residents, visa holders, and refugees often do not, fearing repercussions such as losing residency if identified. She emphasized the risks faced by families with mixed immigration statuses, noting that even legal family members could #8..
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be targeted if someone is identified. Marisol also cited a recent example of a tourist denied entry to the U.S. over a political meme, illustrating heightened restrictions. She expressed understanding for protesters who wear masks to protect their identities and families from potential harm.
Ann Marie voiced support for the group's demands following the June 14th protest arrests. Although she did not attend the event, she stated she had reviewed video evidence and believes the detained individuals were arrested unlawfully. She urged the City Council to repeal Modesto Municipal Code 4-23.02(13) and any ordinances that restrict protest rights. She also called for an independent investigation through an empowered Community Police Review Board, the appointment of an external auditor to evaluate Modesto Police Department conduct, and the dismissal and expungement of all related charges. Ann Marie concluded by warning against the rise of fascism and emphasized the importance of allowing anonymity for health and safety in a surveillance climate.
Bianca strongly criticized the Modesto Police Department’s actions during the June 14th protest, accusing the Police Chief of misrepresenting the group’s intent and using intimidation tactics. She called for the repeal of the anti-mask ordinance, greater oversight through an empowered Civilian Review Board, and accountability for law enforcement, emphasizing her condemnation with repeated calls of “shame.” Loretta Carhart shared personal reflections in response to earlier comments, recalling past experiences with law enforcement dating back to the 1950s. While acknowledging past arrests, they emphasized the importance of police in the community, especially in light of recent personal experiences with crime. She urged others not to be overly critical of law enforcement, expressing concern that current attitudes may overlook the value and challenges of police work.
A community member offered a balanced perspective during public comment, stating they were not in favor of abolishing the police and acknowledged that some officers behaved appropriately during the June 14th protest. However, they questioned the presence of officers in SWAT gear, the use of firearms, and the surprise nature of arrests. They raised concerns about the financial cost of the police response, arguing that such tactics are not economically viable or beneficial for the community. The speaker urged the Council to consider not just the moral and political implications, but also the practical and economic impact of law enforcement actions.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS: 5-8, 10-14, 16-26 (Wright/Williams; 7/0) #8..
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CONSENT
Consent
5. Consider approving the minutes for the June 10, 2025 Council Meeting. (Funding Source: Not Applicable)
Motion approving the minutes for the June 10, 2025 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Williams; 7/0) Motion approving the minutes for the June 10, 2025 Council Meeting.
Consent
6. Consider approving Final Adoption of Ordinance 3796-C.S. amending Section 8-
10.102 “Membership of Commission” of Title 8 Chapter 10, “Citizens’ Transportation Sales Tax Commission”. (Funding Source: Not Applicable) Motion approving Final Adoption of Ordinance 3796-C.S. amending Section 8-
10.102 “Membership of Commission” of Title 8 Chapter 10, “Citizens’ Transportation Sales Tax Commission”.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Williams; 7/0) Motion approving Final Adoption of Ordinance 3796-C.S. amending Section 8-10.102 “Membership of Commission” of Title 8 Chapter 10, “Citizens’ Transportation Sales Tax Commission”.
Consent
7. Consider approving Final Adoption of Ordinance 3797-C.S. of the City Council of Modesto amending Title 10 (Zoning Regulations) of the Modesto Municipal Code, amending Chapter 2 (Definitions), Article 1 (Definitions); Chapter 3 (Land Use Regulations), Article 1 (Permitted And Conditional Land Uses); Chapter 3, Article 2 (Specific Land Use Regulations); Chapter 4 (Development Standards), Article 1 (Residential Zones); and Chapter 4, Article 5 (Accessory Dwelling Units). (Funding Source: Not Applicable)
Motion approving Final Adoption of Ordinance 3797-C.S. of the City Council of Modesto amending Title 10 (Zoning Regulations) of the Modesto Municipal Code, amending Chapter 2 (Definitions), Article 1 (Definitions); Chapter 3 (Land Use Regulations), Article 1 (Permitted And Conditional Land Uses); Chapter 3, Article 2 (Specific Land Use Regulations); Chapter 4 (Development Standards), Article 1 (Residential Zones); and Chapter 4, Article 5 (Accessory Dwelling Units).
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Wright/Williams; 7/0) Motion approving Final Adoption of Ordinance 3797-C.S. of the City Council of Modesto amending Title 10 (Zoning Regulations) of the Modesto Municipal Code, amending Chapter 2 (Definitions), Article 1 (Definitions); Chapter 3 (Land Use Regulations), Article 1 (Permitted And Conditional Land Uses); Chapter 3, Article 2 (Specific Land Use Regulations); Chapter 4 #8..
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(Development Standards), Article 1 (Residential Zones); and Chapter 4, Article 5 (Accessory Dwelling Units).
Consent
8. Consider approving the Economic Development Strategic Plan (2025). (Funding Source: Not Applicable)
Resolution approving the Economic Development Strategic Plan (2025).
CED; Raj Solanki, 209-577-5244, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2025-215 approving the Economic Development Strategic Plan (2025).
Removed from Consent for separate vote.
9. Consider approving the renewal of eight Commercial Cannabis Retail Permits for dispensaries in the City for a two-year period ending June 30, 2027. (Funding Source:
Commercial Cannabis Permit Fee)
Resolution approving the renewal of CR & D Inc’s commercial cannabis retail permit for a two-year period ending June 30, 2027.
Resolution approving the renewal of CV Wellness LLC’s commercial cannabis retail permit for a two-year period ending June 30, 2027. Resolution approving the renewal of Jonesa LLC’s commercial cannabis retail permit for a two-year period ending June 30, 2027.
Resolution approving the renewal of McHenry Business Services LLC’s commercial cannabis microbusiness permit for a two-year period ending June 30, 2027.
Resolution approving the renewal of DC Modesto LLC’s commercial cannabis retail permit for a two-year period ending June 30, 2027. Resolution approving the renewal of McHenry Comic Management LLC’s commercial cannabis retail permit for a two-year period ending June 30, 2027. Resolution approving the renewal of Phenos Collective Inc’s commercial cannabis retail permit for a two-year period ending June 30, 2027. Resolution approving the renewal of Paradise West Inc’s commercial cannabis retail permit for a two-year period ending June 30, 2027.
CED; Sean Rando, 209-577-5473, [email protected]
ACTION: (Wright/Ricci; 7/0) Resolution 2025-216 approving the renewal of CR & D Inc’s commercial cannabis retail permit for a two-year period ending June 30, 2027.
ACTION: (Wright/Ricci; 7/0) Resolution 2025-217 approving the renewal of CV Wellness LLC’s commercial cannabis retail permit for a two-year period ending June 30, 2027.
ACTION: (Wright/Ricci; 7/0) Resolution 2025-218 approving the renewal of Jonesa LLC’s commercial cannabis retail permit for a two-year period ending June 30, 2027.
ACTION: (Wright/Ricci; 7/0) Resolution 2025-219 approving the renewal of #8..
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McHenry Business Services LLC’s commercial cannabis microbusiness permit for a two-year period ending June 30, 2027.
ACTION: (Wright/Ricci; 7/0) Resolution 2025-220 approving the renewal of DC Modesto LLC’s commercial cannabis retail permit for a two-year period ending June 30, 2027.
ACTION: (Williams/Escutia-Braaton; 6/0; Wright recused) Resolution 2025-221 approving the renewal of McHenry Comic Management LLC’s commercial cannabis retail permit for a two-year period ending June 30, 2027.
ACTION: (Ricci/Escutia-Braaton; 6/0; Bavaro recused) Resolution 2025-222 approving the renewal of Phenos Collective Inc’s commercial cannabis retail permit for a two-year period ending June 30, 2027.
ACTION: (Ricci/Escutia-Braaton; 6/0; Bavaro recused) Resolution 2025-223 approving the renewal of Paradise West Inc’s commercial cannabis retail permit for a two-year period ending June 30, 2027.
Consent
10. Consider approving a Cost Sharing Agreement with the County of Stanislaus for the construction of the Urban Pavement Preservation Phase G and Phase H Projects. (Funding Source: Measure L)
Resolution approving a Cost Sharing Agreement with the County of Stanislaus for the construction of the Urban Pavement Preservation Phase G and Phase H Projects and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution amending the Fiscal Year 2024-25 Multi-Year Non-Capital project fund budgets for Project #101628 in the amount of $290,000 to appropriate the funds for the Urban Pavement Preservation Phase G and H projects and authorizing the City Manager, to take the necessary steps to implement the provisions of this resolution.
ENGINEERING SERVICES; Toby Wells, 209-577-5542, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2025-224 approving a Cost Sharing Agreement with the County of Stanislaus for the construction of the Urban Pavement Preservation Phase G and Phase H Projects and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Wright/Williams; 7/0) Resolution 2025-225 amending the Fiscal Year 2024-25 Multi-Year Non-Capital project fund budgets for Project #101628 in the amount of $290,000 to appropriate the funds for the Urban Pavement Preservation Phase G and H projects and authorizing the City Manager, to take the necessary steps to implement the provisions of this resolution.
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Consent
11. Consider accepting the State Route 132 West Freeway/Expressway - Phase 1 Project as complete, releasing securities, releasing payments totaling $100,285,151 to Bay Cities Paving & Grading, Inc., of Concord, California, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Various Funds)
Resolution accepting the State Route 132 West Freeway/Expressway - Phase 1 Project as complete, releasing securities, releasing payments totaling $100,285,151 to Bay Cities Paving & Grading, Inc., of Concord, California, and authorizing the City Clerk to file a Notice of Completion.
ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2025-226 accepting the State Route 132 West Freeway/Expressway - Phase 1 Project as complete, releasing securities, releasing payments totaling $100,285,151 to Bay Cities Paving & Grading, Inc., of Concord, California, and authorizing the City Clerk to file a Notice of Completion.
Consent
12. Consider approving a Measure L Master Funding Agreement with Stanislaus Council of Governments (StanCOG) for Fiscal Year 2025-2030. (Funding Source: Measure L) Resolution approving the Measure L Master Funding Agreement with the Stanislaus Council of Governments (StanCOG) for Fiscal Years 2025-2030 and authorizing the City Manager or his designee to execute the Agreement.
ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2025-227 approving the Measure L Master Funding Agreement with the Stanislaus Council of Governments (StanCOG) for Fiscal Years 2025-2030 and authorizing the City Manager or his designee to execute the Agreement.
Consent
13. Consider approving a Will Serve Letter and Outside Service Agreement with CLR Properties LLC, A California Limited Liability Company, to connect to the City of Modesto’s existing sewer system for the property located at 2204 Crows Landing Road (APN: 086-012-033). (Funding Source: Sewer Fund)
Resolution approving a Will Serve Letter and Outside Service Agreement with CLR Properties LLC, a California Limited Liability Company, to connect to the City of Modesto’s existing sewer system for the property located at 2204 Crows Landing Road (APN: 086-012-033) and authorizing the City Manager, or his designee, to the sign the Will Serve Letter and execute the Outside Service Agreement.
ENGINEERING SERVICES; Jaspreet Mangat, 209-577-5253,
[email protected]
ACTION: (Wright/Williams; 7/0) Resolution 2025-228 approving a Will Serve Letter and Outside Service Agreement with CLR Properties LLC, a California Limited Liability Company, to connect to the City of Modesto’s existing sewer system for the #8..
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property located at 2204 Crows Landing Road (APN: 086-012-033) and authorizing the City Manager, or his designee, to the sign the Will Serve Letter and execute the Outside Service Agreement.
Consent
14. Consider approving the submittal of up to eight Federal Grant applications for Congestion Mitigation and Air Quality (CMAQ) and Surface Transportation Block Grant (STBG) Funds. (Funding Source: Federal CMAQ Grant Funds, Federal STBG Grant Funds and Local Funds – Measure L)
Resolution approving the submittal of up to eight Federal Grant applications for Congestion Mitigation and Air Quality (CMAQ) and Surface Transportation Block Grant (STBG) funds, and authorizing the City Manager, or his designee to execute all necessary grant documents.
ENGINEERING SERVICES; Michael Sacuskie, 209-571-5552,
[email protected]
ACTION: (Wright/Williams; 7/0) Resolution 2025-229 approving the submittal of up to eight Federal Grant applications for Congestion Mitigation and Air Quality (CMAQ) and Surface Transportation Block Grant (STBG) funds, and authorizing the City Manager, or his designee to execute all necessary grant documents.
Recess: 7:37 p.m.
Reconvened: 7:36 p.m.
Removed from Consent
15. Consider approving a Purchase and Sale Agreement with Central California Conference Association of Seventh Day Adventist Church for $260,000; a Grant Deed, a Grant of Temporary Construction Easement and a Quit Claim Deed for Grantor’s interest in the Hetch Hetchy right of way for the Hetch Hetchy and Claratina Avenue Structural Crossing Project. (Funding Source: Streets Capital Facility Fees) Resolution approving a Purchase and Sale Agreement, Grant Deed, and Certificate of Acceptance with the Central California Conference Association of Seventh Day Adventist Church, a California Nonprofit Religious Corporation, for partial acquisition of an 11,005 square foot portion of real property, all of the Grantor’s interests and rights in a 2,803 square foot portion of land in Hetch Hetchy right of way, 7,085 square feet for a Temporary Construction Easement (TCE), and Severance Damages (consisting of removal of a 1,370 square foot single family residence) located at 301 Claratina Avenue (APN 082-009-003), in the amount of $260,000 plus closing costs for the Hetch Hetchy and Claratina Avenue Structural Crossing Project, and authorizing the City Manager, or his designee, to execute the Purchase and Sale Agreement, accept the Grant Deed and sign the Certificate of Acceptance for the partial acquisition of real property, sign the Grant of Temporary Construction Easement (TCE) Agreement and the Certificate of Acceptance for the Temporary Construction Easement (TCE), Accept the Quit Claim Deed and sign the Certificate of Acceptance of the Quit Claim Deed, and sign all related #8..
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documents required to complete the sale and close escrow.
ENGINEERING SERVICES; Michael Sacuskie, 209-571-5552,
[email protected]
ACTION: (Escutia-Braaton/Wright; 7/0) Resolution 2025-230 approving a Purchase and Sale Agreement, Grant Deed, and Certificate of Acceptance with the Central California Conference Association of Seventh Day Adventist Church, a California Nonprofit Religious Corporation, for partial acquisition of an 11,005 square foot portion of real property, all of the Grantor’s interests and rights in a 2,803 square foot portion of land in Hetch Hetchy right of way, 7,085 square feet for a Temporary Construction Easement (TCE), and Severance Damages (consisting of removal of a 1,370 square foot single family residence) located at 301 Claratina Avenue (APN 082- 009-003), in the amount of $260,000 plus closing costs for the Hetch Hetchy and Claratina Avenue Structural Crossing Project, and authorizing the City Manager, or his designee, to execute the Purchase and Sale Agreement, accept the Grant Deed and sign the Certificate of Acceptance for the partial acquisition of real property, sign the Grant of Temporary Construction Easement (TCE) Agreement and the Certificate of Acceptance for the Temporary Construction Easement (TCE), Accept the Quit Claim Deed and sign the Certificate of Acceptance of the Quit Claim Deed, and sign all related documents required to complete the sale and close escrow.
Consent
16. Consider approving the Plans and Specifications for the Park Turf Reduction, Phase 2 Project, and awarding a Construction Contract to Marina Landscape, Inc., of Orange, CA, in an amount not to exceed $1,029,236. (Funding Source: Urban Community Drought Relief Grant Program)
Resolution approving the Plans and Specifications for the Park Turf Reduction, Phase 2 Project, and awarding a Construction Contract to Marina Landscape, Inc., of Orange, CA, in the amount of $935,669 plus $93,567 in contingency (if needed), for a total amount not to exceed $1,029,236 and authorizing the City Manager, or his designee, to execute the Contract.
ENGINEERING SERVICES; Nathan Houx, 209-571-5526, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2025-231 approving the Plans and Specifications for the Park Turf Reduction, Phase 2 Project, and awarding a Construction Contract to Marina Landscape, Inc., of Orange, CA, in the amount of $935,669 plus $93,567 in contingency (if needed), for a total amount not to exceed $1,029,236 and authorizing the City Manager, or his designee, to execute the Contract.
Consent
17. Consider approving the First Amendment with Peregrine Technologies, San Francisco, CA, for Analytics and Data Integration platform increasing the Agreement amount by $60,000. (Funding Source: Traffic Safety Fund and State Supplemental Law Enforcement Services Fund)
Resolution approving the First Amendment with Peregrine Technologies, San Francisco, CA, for Analytics and Data Integration platform increasing the #8..
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Agreement amount by $60,000, to a new annual estimated amount of $204,500, and a new total amount of $613,500 through the term of the agreement; and authorizing the City Manager, or his designee to execute the Amendment.
POLICE DEPARTMENT; Chris Adams, 209-572-9500, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2025-232 approving the First Amendment with Peregrine Technologies, San Francisco, CA, for Analytics and Data Integration platform increasing the Agreement amount by $60,000, to a new annual estimated amount of $204,500, and a new total amount of $613,500 through the term of the agreement; and authorizing the City Manager, or his designee to execute the Amendment.
Consent
18. Consider approving the submission of a grant application for the California Violence Intervention and Prevention (CalVIP) Grant Program to the Board of State and Community Corrections for up to $2 million in grant funds. (Funding Source: General Fund)
Resolution approving the submission of a grant application for the California Violence Intervention and Prevention (CalVIP) Grant Program to the Board of State and Community Corrections for up to $2 million in grant funds and authorizing the City Manager, or his designee, as agent to execute and submit all documents which may be necessary for the completion of the grant application.
POLICE DEPARTMENT; Chris Adams, 209-572-9500, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2025-233 approving the submission of a grant application for the California Violence Intervention and Prevention (CalVIP) Grant Program to the Board of State and Community Corrections for up to $2 million in grant funds and authorizing the City Manager, or his designee, as agent to execute and submit all documents which may be necessary for the completion of the grant application.
Consent
19. Consider approving the Grant Applications, Grant Awards and amending the annual budgets for all the Beverage Container Recycling City/County Payment Programs to California Department of Resources, Recycling and Recovery. (Funding Source: Not Applicable)
Resolution approving the submittal of Grant Applications, Grant Awards, and amending the annual budgets for all Beverage Container Recycling City/County Payment Programs to the California Department of Resources, Recycling and Recovery, and authorizing the City Manager, or his designee, to execute all related documents.
PUBLIC WORKS; Kolton Pacheco, 209-577-5493, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2025-234 approving the submittal of Grant Applications, Grant Awards, and amending the annual budgets for all Beverage #8..
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Container Recycling City/County Payment Programs to the California Department of Resources, Recycling and Recovery, and authorizing the City Manager, or his designee, to execute all related documents.
Consent
20. Consider approving submittal of Grant Applications, accepting Grant Awards, and amending the annual budgets for all Used Oil Payment Program Grants to California Department of Resources, Recycling and Recovery. (Funding Source: Not Applicable) Resolution approving submittal of Grant Applications, and Grant Awards to the California Department of Resources, Recycling and Recovery (CalRecycle) for all Used Oil Payment Programs, accepting payment, amending the annual budget and authorizing the City Manager, or his designee, to execute all related documents.
PUBLIC WORKS; Kolton Pacheco, 209-577-5493, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2025-235 approving submittal of Grant Applications, and Grant Awards to the California Department of Resources, Recycling and Recovery (CalRecycle) for all Used Oil Payment Programs, accepting payment, amending the annual budget and authorizing the City Manager, or his designee, to execute all related documents.
Consent
21. Consider approving a list of projects to be funded with Road Repair and Accountability Act Tax proceeds for Fiscal Year 2025-2026. (Funding Source: Senate Bill 1 Funds) Resolution approving the list of projects to be funded with Road Repair and Accountability Act Tax proceeds in Fiscal Year 2025-2026 in an amount up to $5,753,385, and authorizing the City Manager or his designee, to approve the projects.
PUBLIC WORKS; John Sphar, 209-342-2235, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2025-236 approving the list of projects to be funded with Road Repair and Accountability Act Tax proceeds in Fiscal Year 2025-2026 in an amount up to $5,753,385, and authorizing the City Manager or his designee, to approve the projects.
Consent
22. Consider approving the extension of the Compost Facility Flexible Sales Pricing Pilot Program, originally approved on April 2, 2019, for a five-year extension effective August 1, 2025, through July 31, 2030. (Funding Source: Compost Fund) Resolution approving the extension of the Compost Facility Flexible Sales Pricing Pilot Program for a five-year extension effective August 1, 2025, through July 31, 2030.
PUBLIC WORKS; Guillermo Padilla Aguilera, 209-571-5145, [email protected]
ACTION: (Wright/Williams; 7/0) Resolution 2025-237 approving the extension of #8..
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the Compost Facility Flexible Sales Pricing Pilot Program for a five-year extension effective August 1, 2025, through July 31, 2030.
Consent
23. Consider approving the First Amendment with HDR Engineering, Inc., of Folsom, CA to complete assigned work and to gain Regulatory Compliance for the Carpenter Road Landfill, Modesto California, increasing the Agreement amount by $47,800 over the term of the Agreement. (Funding Source: Carpenter Road Landfill) Resolution approving the First Amendment with HDR Engineering, Inc. to complete assigned work and to gain Regulatory Compliance for the Carpenter Road Landfill, Modesto California, increasing the Agreement amount by $47,800 to a new total amount of $351,450 through the term of the Agreement; and authorizing the City Manager, or his designee to execute the Amendment.
PUBLIC WORKS; Rosene Nguyen, 209-577-5453, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2025-238 approving the First Amendment with HDR Engineering, Inc. to complete assigned work and to gain Regulatory Compliance for the Carpenter Road Landfill, Modesto California, increasing the Agreement amount by $47,800 to a new total amount of $351,450 through the term of the Agreement; and authorizing the City Manager, or his designee to execute the Amendment.
Consent
24. Consider approving the Second Amendment with HDR Engineering, Inc. Folsom, CA for the Feasibility Study for Compost, increasing the Agreement amount by $94,658 over the term of the Agreement. (Funding Source: Compost Facility Improvement Fund)
Resolution approving the Second Amendment with HDR Engineering, Inc. for the Feasibility Study for Compost, increasing the Agreement amount by $94,658 to a revised total amount not to exceed $287,775 over the term of the Agreement; and authorizing the City Manager, or his designee to execute the Amendment.
PUBLIC WORKS; Rosene Nguyen, 209-577-5453, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2025-239 approving the Second Amendment with HDR Engineering, Inc. for the Feasibility Study for Compost, increasing the Agreement amount by $94,658 to a revised total amount not to exceed $287,775 over the term of the Agreement; and authorizing the City Manager, or his designee to execute the Amendment.
Consent
25. Consider confirming the detachment of a non-contiguous City property deeded to Reclamation District 2091. (Funding Source: Sewer Operations Fund) Resolution confirming detachment of non-contiguous City of Modesto properties deeded to Reclamation District 2091, reverting the property back to unincorporated status within the County of Stanislaus and authorizing the City #8..
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Manager, or his designee, to execute any and all necessary documents required for City detachment.
UTILITIES; Jeff Daniels, 209-577-6255, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2025-240 confirming detachment of non-contiguous City of Modesto properties deeded to Reclamation District 2091, reverting the property back to unincorporated status within the County of Stanislaus and authorizing the City Manager, or his designee, to execute any and all necessary documents required for City detachment.
Consent
26. Consider approving an Architectural Services Agreement with RED INC Architects, of Modesto, CA, for the Fire Station 1 Rehabilitation and Tenant Improvements Project in the amount of $429,490, plus $42,949 in additional services, if needed, for an Agreement total not to exceed $472,439. (Funding Source: America Rescue Plan Act Grants Fund)
Resolution approving an Architectural Services Agreement with RED INC Architects, of Modesto, CA for the Fire Station 1 Rehabilitation and Tenant Improvements Project in the amount of $429,490, plus $42,949 in additional services, if needed, for an Agreement total not to exceed $472,439, and authorizing the City Manager, or his designee, to execute the Agreement.
UTILITIES; Cristian Ciotau, 209-571-5175, [email protected] ACTION: (Wright/Williams; 7/0) Resolution 2025-241 approving an Architectural Services Agreement with RED INC Architects, of Modesto, CA for the Fire Station 1 Rehabilitation and Tenant Improvements Project in the amount of $429,490, plus $42,949 in additional services, if needed, for an Agreement total not to exceed $472,439, and authorizing the City Manager, or his designee, to execute the Agreement.
COUNCIL COMMENTS & REPORTS
Councilmember Ricci acknowledged the concerns raised by the public about their rights and City Ordinances. He emphasized that these issues should be addressed by the Civilian Police Review Board, which was established by the Council. He mentioned that the board will hear a presentation from the Modesto Police Department about the June 14th protests at their next meeting. The board will also review the current Ordinance and examine public concerns. Ricci expressed pride in Modesto's willingness to evaluate and improve its policies and processes to enhance public safety.
Councilmember Williams agreed wholeheartedly with what Councilmember Ricci had stated.
Councilmember Alvarez recognized the importance of standing up against discrimination, especially for immigrant and Latino communities. Sharing his own family's history of discrimination, he emphasized the need for genuine solidarity in addressing injustices, not #8..
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just for popular causes but for long-term change. He expressed support for peaceful protests and called for transparency and coordination to prevent harm during such events.
Alvarez highlighted the significant role immigrants play in the local economy and reaffirmed his commitment to policies that protect both public safety and human dignity.
Councilmember Escutia-Braaton expressed pride in her heritage as a Latina and the daughter of immigrant parents who worked hard to provide opportunities for their family.
She emphasized her dedication to serving the Modesto community and acknowledged the recent peaceful demonstrations that took place. While noting serious incidents reported from the June 14th gathering, she urged that these concerns should not be dismissed. She commended the Modesto Police Department for its efforts to maintain safety during the event and acknowledged the challenges of preserving public order. She called for ongoing respectful dialogue, collaboration, and a shared commitment to community well-being, stressing that unity does not require agreement but a collective dedication to finding solutions.
Mayor Zwahlen expressed appreciation for the community members who shared their views at the meeting, stating that their input was heard and valued. She emphasized the importance of continued collaboration, respectful dialogue, and her pride in Modesto’s ability to engage in constructive discussions despite differing opinions.
CITY MANAGER COMMENTS & REPORTS
None.
HEARINGS
Published in the Modesto Bee on June 13, 2025.
27. Hearing to consider approving Fiscal Year 2025-26 Diagram and Annual Assessment and ordering the Levy and Collection of Charges within Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6. (Funding Source: Landscape Maintenance District No. 1)
Resolution ordering the levy and collection of such charges as shown within the Engineer’s Annual Report within the City of Modesto Landscape Maintenance Assessment District No. 1 for the Dry Creek Meadows Subdivisions Nos. 1-6 for Fiscal Year 2025-26.
CED; Edgar Garcia, 209-577-5211, [email protected] ACTION: (Bavaro/Wright; 7/0) Resolution 2025-242 ordering the levy and collection of such charges as shown within the Engineer’s Annual Report within the City of Modesto Landscape Maintenance Assessment District No. 1 for the Dry Creek Meadows Subdivisions Nos. 1-6 for Fiscal Year 2025-26.
Published in the Modesto Bee on June 13, 2025.
28. Hearing to consider approving Fiscal Year 2025-26 Diagram and Annual Assessment and ordering the Levy and Collection of Charges within Landscape Maintenance #8..
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Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision and Yosemite Meadows Subdivisions Units 1 and 2. (Funding Source: Landscape Maintenance District No. 2)
Resolution ordering the levy and collection of such charges as shown within the Engineer’s Annual Report within the City of Modesto Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivision Units 1 and 2 for Fiscal Year 2025-26.
CED; Edgar Garcia, 209-577-5211, [email protected] ACTION: (Williams/Alvarez; 7/0) Resolution 2025-243 ordering the levy and collection of such charges as shown within the Engineer’s Annual Report within the City of Modesto Landscape Maintenance Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivision Units 1 and 2 for Fiscal Year 2025-26.
Published in the Modesto Bee on June 13, 2025.
29. Hearing to consider approving Fiscal Year 2025-26 Diagram and Annual Assessment and ordering the Levy and Collection of Charges within Shackelford Landscape and Lighting District. (Funding Source: Shackelford Landscape and Lighting District) Resolution ordering the levy and collection of such charges as shown within the Engineer’s Annual Report within the City of Modesto Shackelford Landscape and Lighting District for Fiscal Year 2025-26.
CED; Edgar Garcia, 209-577-5211, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2025-244 ordering the levy and collection of such charges as shown within the Engineer’s Annual Report within the City of Modesto Shackelford Landscape and Lighting District for Fiscal Year 2025-26.
Published in the Modesto Bee on May 25, 2025.
30. Hearing to consider approving the 2025-2030 Consolidated Plan, accepting HUD program funds awarded through the Program Year 2025-2026 Annual Action Plan and approving the Citizens Participation Plan as required by the U.S. Department of Housing and Urban Development Department (HUD). (Funding Source: Community Development Block Grant, HOME Investment Partnerships, and Emergency Solutions Grant Funds.)
Resolution approving the 2025-2030 Consolidated Plan, accepting HUD program funds awarded through the Program Year 2025-2026 Annual Action Plan as required by the U.S. Department of Housing and Urban Development Department (HUD) and authorizing the City Manager, or his designee, to negotiate and execute any related program agreements, contracts, or other documentation required for implementation of the 2025-2030 Consolidated Plan and Program Year 2025-2026 Annual Action Plan and authorization to submit applicable documentation and provide technical alterations, as required by HUD, incorporate comments received prior to the close of the public comment period, and to make the necessary steps to implement the provision of #8..
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this Resolution.
Resolution amending the Section 1 Policy – Citizen Participation Plan for HUD Programs of the Housing and Urban Development Policies and Procedures Manual as required by the U.S. Department of Housing and Urban Development Department (HUD).
CED; Edgar Garcia, 209-571-5101, [email protected] ACTION: (Escutia-Braaton/Alvarez; 7/0) Resolution 2025-245 approving the 2025- 2030 Consolidated Plan, accepting HUD program funds awarded through the Program Year 2025-2026 Annual Action Plan as required by the U.S. Department of Housing and Urban Development Department (HUD) and authorizing the City Manager, or his designee, to negotiate and execute any related program agreements, contracts, or other documentation required for implementation of the 2025-2030 Consolidated Plan and Program Year 2025-2026 Annual Action Plan and authorization to submit applicable documentation and provide technical alterations, as required by HUD, incorporate comments received prior to the close of the public comment period, and to make the necessary steps to implement the provision of this Resolution.
ACTION: (Escutia-Braaton/Alvarez; 7/0) Resolution 2025-246 amending the Section 1 Policy – Citizen Participation Plan for HUD Programs of the Housing and Urban Development Policies and Procedures Manual as required by the U.S.
Department of Housing and Urban Development Department (HUD).
Published in the Modesto Bee on May 21, 2025. - Item continued from June 10, 2025 Council meeting.
31. Hearing to consider approving an Amendment to the Modesto Urban Area General Plan to change the land use of approximately 70 acres from Business Park (BP) to Residential (R); approving the Founders Point East Specific Plan, for the development of 220 acres located northeast of the Pelandale Avenue and Tully Road Intersection; approving the filing of an application to the Stanislaus County Local Agency Formation Commission for the Founders Point East Reorganization to the City of Modesto; approving an Ordinance amending Section 5-3-9 of the Zoning Map of the City of Modesto to prezone The Founders Point East Specific Plan to the Specific Plan (P-SP) Zone; and adopting a Mitigated Negative Declaration for these actions (Fitzpatrick Land Development, LLC). (Funding Source: Application Fees) Resolution approving an amendment to the Land Use Element of the Modesto Urban Area General Plan to change the land use of approximately 70 acres from Business Park (BP) uses to Residential (R) uses (Fitzpatrick Land Development, LLC).
Resolution approving the Founders Point East Specific Plan, for the development of approximately 220 acres located north of Pelandale Avenue, south of Kiernan Avenue, east of Tully Road and west of the former Tidewater Railroad/future Virginia Trail Corridor (Fitzpatrick Land Development, LLC). Resolution approving the filing of an application to the Stanislaus County Local Agency Formation Commission for the Reorganization of approximately 220 acres located north of Pelandale Avenue, south of Kiernan Avenue, east of #8..
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Tully Road and west of the former Tidewater Railroad/future Virginia Trail Corridor, including rights of way on Pelandale Avenue, Kiernan Avenue and Tully Road for Annexation to the City of Modesto (Owner Initiated Uninhabited).
Resolution adopting a Mitigated Negative Declaration for the General Plan Amendment, Founders Point Specific Plan, Prezone and application for the reorganization of Founders Point East Specific Plan to the City of Modesto. Motion introducing and waiving the first reading of an Ordinance amending Section 5-3-9 of the Zoning Map of the City of Modesto to prezone to Specific Plan (P-SP) Zone for The Founders Point East Specific Plan, approximately 220 acres located north of Pelandale Avenue, south of Kiernan Avenue, east of Tully Road and west of the former Tidewater Railroad/Future Virginia Trail Corridor (Fitzpatrick Land Development, LLC).
CED; Katharine Martin, 209-577-5465, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2025-247 approving an amendment to the Land Use Element of the Modesto Urban Area General Plan to change the land use of approximately 70 acres from Business Park (BP) uses to Residential (R) uses (Fitzpatrick Land Development, LLC).
ACTION: (Williams/Ricci; 7/0) Resolution 2025-248 approving the Founders Point East Specific Plan, for the development of approximately 220 acres located north of Pelandale Avenue, south of Kiernan Avenue, east of Tully Road and west of the former Tidewater Railroad/future Virginia Trail Corridor (Fitzpatrick Land Development, LLC).
ACTION: (Williams/Alvarez; 7/0) Resolution 2025-249 approving the filing of an application to the Stanislaus County Local Agency Formation Commission for the Reorganization of approximately 220 acres located north of Pelandale Avenue, south of Kiernan Avenue, east of Tully Road and west of the former Tidewater Railroad/future Virginia Trail Corridor, including rights of way on Pelandale Avenue, Kiernan Avenue and Tully Road for Annexation to the City of Modesto (Owner Initiated Uninhabited).
ACTION: (Bavaro/Wright; 7/0) Resolution 2025-250 adopting a Mitigated Negative Declaration for the General Plan Amendment, Founders Point Specific Plan, Prezone and application for the reorganization of Founders Point East Specific Plan to the City of Modesto. (AS AMENDED)
ACTION: (Wright/Bavaro; 7/0) Motion introducing and waiving the first reading of an Ordinance 3798-C.S. amending Section 5-3-9 of the Zoning Map of the City of Modesto to prezone to Specific Plan (P-SP) Zone for The Founders Point East Specific Plan, approximately 220 acres located north of Pelandale Avenue, south of Kiernan Avenue, east of Tully Road and west of the former Tidewater Railroad/Future Virginia Trail Corridor (Fitzpatrick Land Development, LLC).
Published in the Modesto Bee on June 4, 2025.
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32. Hearing to consider approving a Precise Plan Amendment to Precise Plan No. 35 South to amend the Circulation Plan. (Funding Source: Developer Fees) Motion introducing and waiving the first reading of an Ordinance amending Precise Plan No. 35 South of the Village One Specific Plan to modify the Circulation Plan and adopting the 15162 analysis and CEQA exemption.
CED; Michael Hren, 209-577-5273, [email protected]
ACTION: (Wright/Ricci; 7/0) Motion introducing and waiving the first reading of an Ordinance 3799-C.S. amending Precise Plan No. 35 South of the Village One Specific Plan to modify the Circulation Plan and adopting the 15162 analysis and CEQA exemption.
NEW BUSINESS
33. Consider approving the Plans and Specifications for Dr. Martin Luther King, Jr. Park Renovation Project, accepting the Bid and Awarding a Construction Contract to Harris Builders, Inc. of Hilmar, CA., for a total payment amount not to exceed $11,875,792; consider approving an Agreement with TRC Engineering, Inc. of Lathrop, CA, for Construction Management and Inspection Services for a total amount not to exceed $1,042,319; and consider approving a First Amendment to the Agreement with Callander Associates Landscape Architecture, Inc. of Gold River, CA, increasing the Agreement amount by $20,000. (Funding Source: Various Funds) Resolution approving the approval of the Plans and Specifications for the Dr.
Martin Luther King, Jr. Park Renovation Project, accepting the Bid and Awarding a Construction Contract to Harris Builders, Inc., of Hilmar, CA, in the amount of $10,996,103, authorizing $879,689, in contingency (if needed), for a total payment amount not to exceed $11,875,792 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving the Agreement with TRC Engineering, Inc, of Lathrop, CA, for Construction Management and Inspection Services for the Dr. Martin Luther King, Jr. Park Renovation Project in the amount of $947,563, plus $94,756 in additional services, if needed, for a total amount not to exceed $1,042,319 and authorizing the City Manager, or his designee, to execute the Agreement.
Resolution approving a First Amendment to the Agreement with Callander Associates Landscape Architecture, Inc., of Gold River, CA, for additional Design Support during the Construction Phase of the Project for the Dr. Martin Luther King, Jr. Park Renovation Project, increasing the Agreement amount by $20,000, to a new total amount not to exceed $704,927, plus $68,492 in additional services, if needed, for a total amount not to exceed $773,419 and authorizing the City Manager, or his designee, to execute the Amendment.
ENGINEERING SERVICES; Nathan Houx, 209-571-5526, [email protected] ACTION: (Alvarez/Williams; 7/0) Resolution 2025-251 approving the approval of the Plans and Specifications for the Dr. Martin Luther King, Jr. Park Renovation Project, accepting the Bid and Awarding a Construction Contract to Harris Builders, #8..
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Inc., of Hilmar, CA, in the amount of $10,996,103, authorizing $879,689, in contingency (if needed), for a total payment amount not to exceed $11,875,792 and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Alvarez/Williams; 7/0) Resolution 2025-252 approving the Agreement with TRC Engineering, Inc, of Lathrop, CA, for Construction Management and Inspection Services for the Dr. Martin Luther King, Jr. Park Renovation Project in the amount of $947,563, plus $94,756 in additional services, if needed, for a total amount not to exceed $1,042,319 and authorizing the City Manager, or his designee, to execute the Agreement.
ACTION: (Alvarez/Williams; 7/0) Resolution 2025-253 approving a First Amendment to the Agreement with Callander Associates Landscape Architecture, Inc., of Gold River, CA, for additional Design Support during the Construction Phase of the Project for the Dr. Martin Luther King, Jr. Park Renovation Project, increasing the Agreement amount by $20,000, to a new total amount not to exceed $704,927, plus $68,492 in additional services, if needed, for a total amount not to exceed $773,419 and authorizing the City Manager, or his designee, to execute the Amendment.
MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
This meeting adjourned at 8:57 P.M.
Attest: ______________________________
Dana Sanchez, Assistant City Clerk
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All Closed Session Matters Heard Prior to the Meeting
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: City of Modesto, et al. v. The Dow Chemical Company, et al. (PCE)
Superior Court of the State of California
Case No: CGC-98-999345 and CGC-98-999643
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(a) of the Government Code) Name of case(s): Matthew Ponce v. City of Modesto
California Workers Compensation Appeals Board
Nos. ADJ16177617
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: Michael Shapiro, President – Pioneer Baseball League Under Negotiation: Price and Terms of Lease
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Pursuant to Section 54957 of the Government Code)
Title: City Manager
CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code) – Unrepresented Employee Negotiator: Mayor Sue Zwahlen
Unrepresented Employee: City Manager
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- 1 - ORDINANCE NO. 3798-C.S.
EFFECTIVE DATE: August 21, 2025
ORDINANCE NO. 3798-C.S.
AN ORDINANCE AMENDING SECTION 5-3-9 OF THE ZONING
MAP OF THE CITY OF MODESTO TO PREZONE TO SPECIFIC
PLAN (P-SP) ZONE FOR THE FOUNDERS POINT EAST SPECIFIC
PLAN, APPROXIMATELY 220 ACRES LOCATED NORTH OF
PELANDALE AVENUE, SOUTH OF KIERNAN AVENUE, EAST OF
TULLY ROAD AND WEST OF THE FORMER TIDEWATER
RAILROAD/FUTURE VIRGINIA TRAIL CORRIDOR
(FITZPATRICK LAND DEVELOPMENT, LLC)
WHEREAS, a verified application for an amendment to Section 5-3-9 of the Zoning Map was filed by Fitzpatrick Land Development, LLC on April 11, 2024, to prezone the Founders Point East Specific Plan area to Prezone Specific Plan (P-SP) Zone, properties located north of Pelandale Avenue, south of Kiernan Avenue, east of Tully Road, and west of the former Tidewater Railroad/future Virginia Trail Corridor, and WHEREAS, after a public hearing held on May 5, 2025, it was found and determined by the Planning Commission that the requested zone change will not be detrimental to the public health, safety or welfare because the prezone of unincorporated area to Prezone Specific Plan (P-SP) Zone for the Founders Point East Specific Plan will allow for implementation of the Specific Plan upon annexation of the area to the City of Modesto, the requested zone change will result in an orderly planned use of land because the prezone to Prezone Specific Plan (P-SP) Zone will allow for development of the area upon annexation with uses that would be compatible with surrounding uses in accordance with the Specific Plan, and the requested zone change is in accordance with the community objectives as set forth in the Modesto Urban Area General Plan and any applicable specific plans(s) because the allowed uses would be consistent with the General Plan Land Uses of Business Park (BP) and Residential (R), and the Founders Point Specific Plan, and
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- 2 - ORDINANCE NO. 3798-C.S.
EFFECTIVE DATE: August 21, 2025
WHEREAS, by Resolution No. 2025-26 adopted on May 5, 2025, the Planning Commission recommended to the Council that the application of Fitzpatrick Land Development LLC to amend Section 5-3-9 of the Zoning Map to prezone the hereinafter described property to Prezone Specific Plan (P-SP) Zone be approved.
NOW, THEREFORE, the Council of the City of Modesto does ordain as follows:
SECTION 1. After a public hearing held on June 10, 2025, in the Tenth Street Place Chambers located at 1010 10th Street, Modesto, California, this Council finds and determines as follows:
1. The requested change will not be detrimental to the public health, safety or welfare because the prezone of unincorporated area to Prezone Specific Plan (P-SP) Zone for the Founders Point East Specific Plan will allow for implementation of the Specific Plan upon annexation of the area to the City of Modesto.
2. The requested change will result in an orderly planned use of land because the prezone to Prezone Specific Plan (P-SP) Zone will allow for development of the area upon annexation with uses that would be compatible with surrounding uses in accordance with the Specific Plan.
3. The requested change is in accordance with the community’s objectives as set forth in the General Plan and any applicable specific plan(s) because the allowed uses would be consistent with the General Plan Land uses of Business Park (BP) and Residential (R), and the Founders Point East Specific Plan.
SECTION 2. ZONING CHANGE. Section 5-3-9 of the Zoning Map is hereby amended to prezone the following described property to Prezone Specific Plan (PSP) Zone:
Prezone to P-SP:
All that land situated in the West Half of Section 5 of Township 3 South, Range 9 East, Mount Diablo Base and Meridian, County of Stanislaus, State of California, described as follows:
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- 3 - ORDINANCE NO. 3798-C.S.
EFFECTIVE DATE: August 21, 2025
Assessor’s Parcel No. 046-002-001
All that portion of the Southwest Quarter of Section 5, Township 3 South, Range 9 East, Mount Diablo Base and Meridian, bounded and particularly described as follows, to wit:
Beginning at the Northwest corner of the said Southwest Quarter of said Section 5, and running thence Easterly along the North line of said Southwest Quarter a distance of 1697.73 feet, more or less, to the Northwest corner of land conveyed to Charles Luchessa, et at, by Deed recorded in Volume 16 of Official Records, at Page 406, in the County Recorder's Office of said Stanislaus County; thence South along the West line of land so conveyed to Charles Luchessa a distance of 17.77 chains; thence North 88 ° 17' West a distance of 1699.05 feet, more or less, to the West line of said section 5; thence North along said last named line, a distance of 17.77 chains to the point of beginning.
EXCEPTING THEREFROM the East 20 acres thereof.
ALSO, EXCEPTING THEREFROM that parcel conveyed to County of Stanislaus by Deed recorded March 13, 1986, in Reel 101, Image 1834, described as follows:
All that portion of the Southwest Quarter of Section 5, Township 3 South, Range 9 East, Mount Diablo Meridian, County of Stanislaus, state of California, described as follows:
Beginning at the intersection of the present South line of 40 foot wide Bangs Avenue with the present East line of 40 foot wide Tully Road; thence South 88° 35' East, 20.00 feet South of and parallel with the centerline of said Bangs Avenue, 40.00 feet; thence South 53° 42' 06" West 49.00 feet to a point on the East line of said Tully Road; thence North 0° 57’ West, 20.00 feet East of and parallel with the centerline of said Tully Road, 30.00 feet to the point of beginning.
ALSO, EXCEPTING THEREFROM that parcel conveyed to the City of Modesto by that certain Grant Deed recorded September 1, 2005, Instrument No. 2005-0158866 Stanislaus County Records.
ALSO, EXCEPTING THEREFROM that parcel conveyed to the City of Modesto by that certain Final Order of Condemnation recorded October 2, 2007, Instrument No. 2007- 0123525 Stanislaus County Records.
ALSO, EXCEPTING THEREFROM that parcel conveyed to the City of Modesto by that certain Grant Deed recorded December 15, 2009, Instrument No. 2009-0119104 Stanislaus County Records.
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- 4 - ORDINANCE NO. 3798-C.S.
EFFECTIVE DATE: August 21, 2025
Assessor’s Parcel No. 046-002-001
Parcel One:
The East 20 acres of the following described property:
All that portion of the Southwest quarter of Section 5, Township 3 South, Range 9 East, Mount Diablo Base and Meridian, described as follows:
Beginning at the Northwest corner of said Southwest quarter of said Section 5 and running thence Easterly along the Northerly line of said Southwest quarter, a distance of 1697.73 feet, more or less, to the Northwest corner of land conveyed to Charles Luchessa, et at, by Deed recorded in Vol. 16 of Official Records, at page 406, said Stanislaus County Records; thence South, along the West line of land so conveyed to Charles Luchessa, a distance of 17.77 chains; thence North 88 degrees 17’ West, a distance of 1699.05 feet, more or less, to the West line of said Section 5; thence North along said last named line a distance of 17.77 chains to the point of beginning.
EXCEPTING THEREFROM all that portion of said land as Granted to the City of Modesto in that certain Grant Deed recorded December 1, 1999, as Instrument No. 1999-0112066.
ALSO EXCEPTING THEREFROM all that portion contained in the "Final Order of Condemnation Action in Eminent Domain", recorded August 22, 2007, as Instrument No. 2007-0108074, of Official Records.
Parcel Two:
The East 936.53 feet of the following:
All that portion of the Southwest quarter of Section 5, Township 3 South, Range 9 East, Mount Diablo Base and Meridian, described as follows:
Commencing at a post set for the interior quarter corner of said Section 5, above, Township and Range; thence South 0 degrees 43' East, 17.77 chains; thence North 88 degrees 17’ West, 39.63 chains and 20 feet to the center of a Country road running North and South between Sections 5 and 6 of said Township and Range; thence North 0 degrees 40' West, 17.77 chains along the centerline of said country Road to the Northwest corner of the Southwest quarter of said Section 5; thence South 88 degrees 18' East, 39.61 chains and 20 feet to the point of beginning. #9..
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EFFECTIVE DATE: August 21, 2025
EXCEPTING THEREFROM all that portion of said land as Granted to the City of Modesto in that certain Grant Deed recorded December 1, 1999, as Instrument No. 1999-0112066.
ALSO EXCEPTING THEREFROM all that portion contained in the "Final Order of Condemnation Action in Eminent Domain", recorded August 22, 2007, as Instrument No. 2007-0108074, of Official Records.
Also including the following land as described below:
All that land situated in the Northwest Quarter of Section 5 of Township 3 South, Range 9 East, Mount Diablo Base and Meridian, County of Stanislaus, State of California, described as follows:
Beginning at the Northwest corner of Section 5 of Township 3 South, Range 9 East, thence east along the northerly line of said Section 5 a distance of 2625 feet; thence South 1° 39’ 47” East a distance of 2686 feet; thence North 89° 13’ 27” West a distance of 2612 feet; thence North 1° 2” 2” West a distance of 2671 feet to the Point of Beginning.
ALSO INCLUDING all of the right-of-way of Tully Road and Kiernan Avenue/State Highway CA-219, and the right-of-way of the former Tidewater Railroad/future Virginia Trail Corridor, all being immediately adjacent to the above descriptions.
220 acres, more or less.
SECTION 3. ZONING MAP. Section 5-3-9of the Zoning Map of the City of Modesto is amended to appear as set forth on the map attached hereto, which is hereby made a part of this ordinance by reference.
SECTION 4. EFFECTIVE DATE. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.
SECTION 5. PUBLICATION. At least two (2) days prior to its final adoption, copies of this ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in The Modesto Bee, #9..
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EFFECTIVE DATE: August 21, 2025
the official newspaper of the City of Modesto, setting forth the title of this ordinance, the date of its introduction and the places where this ordinance is posted. #9..
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- 7 - ORDINANCE NO. 3798-C.S.
EFFECTIVE DATE: August 21, 2025
The foregoing ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the 24th day of June, 2025, by Councilmember Wright, who moved its introduction and passage to print, which motion being duly seconded by Councilmember Bavaro, was upon roll call carried and ordered printed and published by the following vote:
AYES: Councilmembers: Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams Wright, Mayor Zwahlen
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED: __________________________
SUE ZWAHLEN, Mayor
ATTEST:
BY: _________________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: _________________________________
JOSE M. SANCHEZ, City Attorney
APPROVED AS TO DESCRIPTION:
By: __________________________________________________
Community & Economic Development Department,
Planning Division
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- 8 - ORDINANCE NO. 3798-C.S.
EFFECTIVE DATE: August 21, 2025
FINAL ADOPTION CLAUSE
The foregoing Ordinance, having been published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the 22nd day of July 2025, Councilmember X moved its final adoption, which motion being duly seconded by Councilmember Y, was upon roll call carried and the Ordinance adopted by the following vote:
AYES: Councilmembers: Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED: ___________________________
SUE ZWAHLEN, MAYOR
ATTEST: ___________________________________
DIANE NAYARES-PEREZ, City Clerk
Effective Date: August 21, 2025
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CITY OF MODESTO
ORDINANCE NO. 3798-C.S.
The following Ordinance was introduced by the City Council of the City of Modesto at the meeting of June 24, 2025:
ORDINANCE AMENDING SECTION 5-3-9 OF THE ZONING MAP OF
THE CITY OF MODESTO TO PREZONE TO SPECIFIC PLAN (P-SP)
ZONE FOR THE FOUNDERS POINT EAST SPECIFIC PLAN,
APPROXIMATELY 220 ACRES LOCATED NORTH OF PELANDALE
AVENUE, SOUTH OF KIERNAN AVENUE, EAST OF TULLY ROAD AND
WEST OF THE FORMER TIDEWATER RAILROAD/FUTURE VIRGINIA
TRAIL CORRIDOR (FITZPATRICK LAND DEVELOPMENT, LLC)
Copies of the above-mentioned ordinance are posted at the following locations:
Tenth Street Place, 1010 10th Street
Neighborhood Center at Marshall Park, 420 Chicago Ave. Senior Citizen Center, 211 Bodem Street
Diane Nayares-Perez
City Clerk
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- 1 - ORDINANCE NO. 3799-C.S.
EFFECTIVE DATE: August 21, 2025
ORDINANCE NO. 3799-C.S.
AN ORDINANCE OF THE CITY COUNCIL OF MODESTO AMENDING
PRECISE PLAN NO. 35 SOUTH OF THE VILLAGE ONE SPECIFIC
PLAN TO MODIFY THE CIRCULATION PLAN AND ADOPTING THE
15162 ANALYSIS AND CEQA EXEMPTION
WHEREAS, the City Council, on October 16, 1990, adopted the Village One Specific Plan, pursuant to California Government Code Section 65450 et. seq., to implement the Modesto Urban Area General Plan in this area; and
WHEREAS, the Village One Specific Plan is divided into 35 precise plan areas, and a precise plan is required prior to development in each area; and WHEREAS, a Precise Plan for the portion of Area No. 35 located south of Milnes Road, known as Precise Plan No. 35 South, was approved by the City Council by Ordinance No. 3777- C.S. on January 23, 2024; and
WHEREAS, an application has been filed by DR Horton Bay Inc. for an amendment to the circulation plan of Precise Plan No. 35 South, to facilitate the development of 527 singlefamily homes, five landscape lots, and a 3.5-acre park, on property located east of Claus Road and north of E. Briggsmore Avenue; and
WHEREAS, said application was made concurrently with an application for the Amendment of the Final Development Plan for the Crossings, in Precise Plan 35, in the Village One Specific Plan, for architectural substitutions; and WHEREAS, an evaluation, EA/C&ED No. 2025-04 has been performed by staff in accordance with the requirements of Section 15162 of the CEQA Guidelines; and WHEREAS, the evaluation under Section 15162 of the CEQA Guidelines concluded that no further documentation with regard to CEQA is required for this project; and #10..
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- 2 - ORDINANCE NO. 3799-C.S.
EFFECTIVE DATE: August 21, 2025
WHEREAS, due to the conclusions reached by the Section 15162 analysis, staff has determined that the project is exempt from CEQA pursuant to Section 15182 of the CEQA Guidelines, which exempts residential projects implementing Specific Plans that are undertaken pursuant to and in conformity to the associated Specific Plan, and has prepared a Notice of Exemption, EA/C&ED 2025-03; and
WHEREAS, a public hearing was held by the Planning Commission on April 21, 2025, in Chambers, Tenth Street Place, 1010 10th Street, Modesto, California, at which hearing evidence both oral and documentary was received and considered; and WHEREAS, the Planning Commission, at its April 21, 2025, meeting, by a vote of 7-0 recommended approval of the proposed Amendment to Precise Plan No. 35 South; and WHEREAS, a public hearing was held by the City Council of the City of Modesto on June 24, 2025, in Chambers, Tenth Street Place, 1010 10th Street, Modesto, California, at which hearing evidence both oral and documentary was received and considered, NOW, THEREFORE, the City Council of the City of Modesto does hereby ordain as follows:
SECTION 1. FINDINGS. The City Council finds and determines as follows:
A. The proposed amendment to Precise Plan No. 35 South will not be detrimental to the public health, safety, or welfare. The applicant cites that the revised circulation plan provides a number of benefits, including reduced street and landscape maintenance costs and additional on-street parking that would be beneficial to the public welfare.
B. The proposed amendment to Precise Plan No. 35 South will result in an orderly planned use of land. This proposal revises the circulation element and provides an orderly and planned layout for the subdivision.
C. The proposed amendment to Precise Plan No. 35 South is in accordance with the community’s objectives as set forth in the General Plan and Village One Specific Plan, because the amendment to the Circulation plan would allow for the development of single-family residential uses that is consistent with the Village #10..
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- 3 - ORDINANCE NO. 3799-C.S.
EFFECTIVE DATE: August 21, 2025
One Specific Plan. The amendment revises the Circulation plan to modify several streets shown in the original plan as having a 60-foot right of way to instead have a 48-foot right of way, with a different cross-section. The amendment would allow for reduced CFD costs, reduced street and landscape maintenance costs, allow for additional on-street parking, and enable larger overall front and rear yards within the development. The General Plan designates the proposed development site as Residential (R), which allows for single-family residential uses.
SECTION 2. AMENDMENT OF PRECISE PLAN NO. 35 SOUTH OF THE VILLAGE ONE SPECIFIC PLAN.
The circulation plan for Precise Plan No. 35 south of the Village One Specific Plan, is hereby amended as follows (with deletions in strikethrough and additions in underline):
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- 4 - ORDINANCE NO. 3799-C.S.
EFFECTIVE DATE: August 21, 2025
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- 5 - ORDINANCE NO. 3799-C.S.
EFFECTIVE DATE: August 21, 2025
REVISED CIRCULATION PLAN FOR PRECISE PLAN NO. 35 SOUTH
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- 6 - ORDINANCE NO. 3799-C.S.
EFFECTIVE DATE: August 21, 2025
SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).
On the basis of evaluation EA/C&ED 2025-004, performed in accordance with the requirements of Section 15162 of the CEQA Guidelines, Subsequent EIRs and Negative Declarations, the City Council has determined that no further documentation with regard to CEQA is required for this project.
The City Council has further determined that this project is exempt from CEQA pursuant to Section 15182 of the CEQA Guidelines, Projects Pursuant to a Specific Plan, part c, subpart 1, which exempts residential projects implementing Specific Plans that are undertaken pursuant to and in conformity to the associated Specific Plan, and hereby adopts Notice of Exemption EA/C&ED 2025-003.
SECTION 4. EFFECTIVE DATE.
This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.
SECTION 5. PUBLICATION.
At least two (2) days prior to its final adoption, copies of this ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in The Modesto Bee, the official newspaper of the City of Modesto, setting forth the title of this ordinance, the date of its introduction and the places where this ordinance is posted. #10..
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- 7 - ORDINANCE NO. 3799-C.S.
EFFECTIVE DATE: August 21, 2025
The foregoing ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the 24th day of June 2025, by Councilmember Wright, who moved its introduction and passage to print, which motion being duly seconded by Councilmember Ricci, was upon roll call carried and ordered printed and published by the following vote:
AYES: Councilmembers: Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams Wright, Mayor Zwahlen
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED: __________________________
SUE ZWAHLEN, Mayor
ATTEST:
BY: _________________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:
BY: _________________________________
JOSE M. SANCHEZ, City Attorney
APPROVED AS TO DESCRIPTION:
By: __________________________________________________
Community & Economic Development Department,
Planning Division
#10..
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- 8 - ORDINANCE NO. 3799-C.S.
EFFECTIVE DATE: August 21, 2025
FINAL ADOPTION CLAUSE
The foregoing Ordinance, having been published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the 22nd day of July 2025, Councilmember X moved its final adoption, which motion being duly seconded by Councilmember Y, was upon roll call carried and the Ordinance adopted by the following vote:
AYES: Councilmembers: Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED: ___________________________
SUE ZWAHLEN, MAYOR
ATTEST: ___________________________________
DIANE NAYARES-PEREZ, City Clerk
Effective Date: August 21, 2025
#10..
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CITY OF MODESTO
ORDINANCE NO. 3799-C.S.
The following Ordinance was introduced by the City Council of the City of Modesto at the meeting of June 24, 2025:
AN ORDINANCE OF THE CITY COUNCIL OF MODESTO AMENDING
PRECISE PLAN NO. 35 SOUTH OF THE VILLAGE ONE SPECIFIC
PLAN TO MODIFY THE CIRCULATION PLAN AND ADOPTING THE
15162 ANALYSIS AND CEQA EXEMPTION
Copies of the above-mentioned ordinance are posted at the following locations:
Tenth Street Place, 1010 10th Street
Neighborhood Center at Marshall Park, 420 Chicago Ave. Senior Citizen Center, 211 Bodem Street
Diane Nayares-Perez
City Clerk
#10..
- 180 -
CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
July 22, 2025
Date: July 1, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jose M. Sanchez, City Attorney
Christina Alger, Director of Human Resources
SUBJECT: Amendments to Legal Services Agreements for Continued Representation CONTACT: Jose M. Sanchez, City Attorney, 209-577-5284, [email protected] DESCRIPTION:
Consider approving Amendments to various Legal Services Agreements for continued representation in tort cases, police related matters and personnel matters. (Funding Source:
General Liability Insurance Fund)
STRATEGIC PLAN ELEMENT:
This item supports the City’s 2025-2026 Strategic Plan Goal J to build a high-performance organization.
BACKGROUND:
In managing legal services for the City, the City Attorney’s Office established a standard legal services agreement for the engagement of outside legal assistance in matters requiring specific expertise. The City Attorney’s Office tracks the assigned budget and requests that the Council amend the agreements when necessary.
DISCUSSION:
Swingle, Van Egmond & Heitlinger
On May 23, 2023, by Resolution No. 2023-231, Council approved a Legal Services Agreement with Swingle, Van Egmond & Heitlinger (Swingle) in an amount not to exceed $250,000 to continue representing the City in tort cases. On January 23, 2024, by Resolution No. 2024-008, Council approved a First Amendment to the Legal Services Agreement with Swingle increasing the agreement amount by $300,000 from $250,000 for a revised total amount not to exceed $550,000 to continue representation in tort cases. On October 22, 2024, by Resolution No. 2024-382, Council approved a Second Amendment to the agreement increasing the amount by $300,000 for a total amount not to exceed $850,000. Swingle continually maintains a steady case load of 30 to 40 small to moderate matters. Swingle continues to prepare multiple cases for trial simultaneously, as well as handling a number of additional smaller cases. Given the continued litigious nature of these type of matters, an increase to the agreement budget is #11..
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City Council, July 22, 2025
Amendments to Legal Services Agreements for Continued Representation
needed in the amount of $100,000 to support continued services for Swingle’s assigned cases, for a revised total agreement amount not to exceed $950,000.
Rivera Hewitt Paul, LLP
On April 14, 2021, the City entered into a standard Legal Services Agreement with Rivera Hewitt Paul LLP (RHP) for litigation, trial counsel, legal advice, representation, and assistance to the City in police related matters for an amount not to exceed $45,000. On November 9, 2021, by Resolution No. 2021-439, Council approved a First Amendment in the amount of $100,000 to this agreement, increasing the not to exceed amount to $145,000 for continued representation. On December 13, 2022, by Resolution No. 2022-477, Council approved a Second Amendment in the amount of $255,000 to the agreement, increasing the not to exceed amount to $400,000 for continued representation in police litigation matters. On May 14, 2024, by Resolution No. 2024-158, Council approved a Third Amendment in the amount of $150,000 to this agreement, increasing the not to exceed amount to $550,000. An increase to the agreement budget is needed in the amount of $150,000 to support continued services for RHP’s assigned cases, for a total agreement amount not to exceed $700,000.
Angelo, Kilday and Kilduff
On April 16, 2021, the City entered into a standard Legal Services Agreement with Angelo, Kilday and Kilduff (AKK) for litigation, trial counsel, legal advice, representation and assistance to the City in police related matters in an amount of $45,000. On November 9, 2021, by Resolution No. 2021-440, Council approved a First Amendment to the Legal Services Agreement with AKK increasing the agreement amount to $145,000 for continued representation in police related matters. An increase to the agreement budget is needed in the amount of $200,000 to support continued services, for a total agreement amount not to exceed $345,000. Further, the hourly rates under this Legal Services Agreement have not been adjusted since 2021.The proposed Amendment includes a modest rate adjustment to increase hourly rates from $250 to $275 an hour for Senior Partners, $230 to $275 for Partners, $215 to $250 for Senior Associates, $200 to $235 for Associates and $115 to $125 for Paralegals.
Sanders Roberts, LLP
On November 5, 2020, the City entered into a standard Legal Services Agreement with Lafayette & Kumagai, LLP (Lafayette) in the amount of $45,000 for representation in labor and employment matters. A First Amendment to the Legal Services Agreement was executed on June 30, 2021, to extend the term of the agreement from June 30, 2021, to June 30, 2022. On April 5, 2022, by Resolution No. 2022-158, Council approved a Second Amendment to the Agreement to extend the term of the to April 1, 2024, and authorize additional funds not to exceed $245,000. On September 12, 2023, by Resolution No. 2023-408, Council approved a Third Amendment to the agreement in the amount of $300,000 for a not to exceed amount of $545,000. In 2024 Lafayette & Kumagai, LLP merged with Sanders Roberts, LLP. Accordingly, on July 9, 2024, the City entered into an Assignment and Assumption Agreement with Sanders Roberts, LLP regarding Lafayette’s Legal Services Agreement. Sanders Roberts, LLP currently defends the City in confidential, litigated personnel matters. An amendment to the agreement is needed to increase the agreement budget for continued services in the amount of $150,000 for a total agreement amount not to exceed $695,000.
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 #11..
- 182 -
City Council, July 22, 2025
Amendments to Legal Services Agreements for Continued Representation
Manager, in her discretion, determines that it is appropriate to amend the services or goods provided under the 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.” These legal services amendments conform to MMC 8-3.204 as we are amending these agreements for continued representation in the same or similar matters.
Attached are the above amendments for Council approval.
FISCAL IMPACT:
Costs for the above Legal Services Agreements will be absorbed within the General Liability Insurance Fund current operating budget not to exceed each of their Council approved not to exceed amounts.
COMMITTEE RECOMMENDATION:
This item was not presented to a Council Committee.
CEQA/NEPA REQUIREMENTS:
Not Applicable.
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Resolution approving a Third Amendment to the Legal Services Agreement with Swingle, Van Egmond & Heitlinger increasing the Agreement amount by $100,000, for a total Agreement amount not to exceed $950,000 for continued representation in tort cases, and authorizing the City Manager or his designee, to execute the Amendment.
Resolution approving a Fourth Amendment to the Legal Services Agreement with Rivera Hewitt Paul, LLP in the amount of $150,000, for a total Agreement amount not to exceed $700,000, for continued representation in police litigation matters and authorizing the City Manager or his designee, to execute the Amendment.
Resolution approving a Second Amendment to the Legal Services Agreement with Angelo, Kilday and Kilduff in the amount of $200,000, for a total Agreement amount not to exceed $345,000 and increasing the hourly rates for continued representation in police litigation matters and authorizing the City Manager or his designee, to execute the Amendment.
Resolution approving a Fourth Amendment to the Legal Services Agreement with Sanders Roberts, LLP in the amount of $150,000, for a total Agreement amount not to exceed $695,000, for continued representation in personnel matters, and authorizing the City Manager, or his designee, to execute the Amendment.
Approved by:
Jose M. Sanchez, City Attorney
Christina Alger, Director of Human Resources
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City Council, July 22, 2025
Amendments to Legal Services Agreements for Continued Representation
Joseph P. Lopez, City Manager
Attachments:
1. Resolution – Third Amendment to Swingle, Van Egmond & Heitlinger LSA
2. Resolution – Fourth Amendment to Revera Hewitt Paul, LLP LSA
3. Resolution – Second Amendment to Angelo, Kilday and Kilduff LSA
4. Resolution – Fourth Amendment to Sanders Roberts, LLP LSA
5. Third Amendment to LSA - Swingle, Van Egmond & Heitlinger
6. Fourth Amendment to LSA -Revera Hewitt Paul, LLP
7. Second Amendment to LSA -Angelo, Kilday and Kilduff
8. Fourth Amendment to LSA- Sanders Roberts, LLP
9. Levine Act Disclosures (4)
10. Bid Waivers (4)
11. Second Amendment to LSA- SVH
12. Fist Amendment to LSA -SVH
13. Original LSA -SVH
14. Third Amendment to LSA- RHP
15. Second Amendment to LSA- RHP
16. First Amendment to LSA-RHP
17. Original LSA- RHP
18. First Amendment to LSA- AKK
19. Original LSA- AKK
20. Assignment & Assumption Agreement-Sanders Roberts, LLP
21. Third Amendment to LSA-Lafayette
22. Second Amendment to LSA-Lafayette
23. First Amendment to LSA-Lafayette
24. Original LSA- Lafaeyette
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07/22/2025/CAO/JSanchez/Item X [Type here] 2025-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX
RESOLUTION APPROVING A THIRD AMENDMENT TO THE LEGAL
SERVICES AGREEMENT WITH SWINGLE, VAN EGMOND & HEITLINGER INCREASING THE AGREEMENT AMOUNT BY $100,000, FOR A TOTAL AGREEMENT AMOUNT NOT TO EXCEED $950,000 FOR CONTINUED
REPRESENTATION IN TORT CASES, AND AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE, TO EXECUTE THE AMENDMENT
WHEREAS, on May 23, 2023, by Resolution No. 2023-231, Council approved a Legal Services Agreement with Swingle, Van Egmond & Heitlinger in an amount not to exceed $250,000 to continue representing the City in tort cases; and WHEREAS, on January 23, 2024, by Resolution No. 2024-008, Council approved a First Amendment to the Legal Services Agreement with Swingle increasing the agreement amount by $300,000 from $250,000 for a revised total amount not to exceed $550,000 to continued representation in tort cases; and WHEREAS, on October 22, 2024, by Resolution No. 2024-382, Council approved a Second Amendment to the agreement increasing the amount by $300,000 for a total amount not to exceed $850,000; and
WHEREAS, Swingle continues to prepare multiple cases for trial simultaneously, as well as handling a number of additional smaller cases; and WHEREAS, this amendment will provide a budget for continued representation for those cases and future assigned cases; 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 her discretion, #11..
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07/22/2025/CAO/JSanchez/Item X [Type here] 2025-XX
determines that it is appropriate to amend the services or goods provided under the 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; and
WHEREAS, this amendment conform to MMC 8-3.204 as we are amending the agreement for continued representation in the same or similar matters.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a Third Amendment to the Legal Services Agreement with Swingle, Van Egmond & Heitlinger increasing the agreement amount by $100,000 for a total agreement amount not to exceed $950,000 for continued representation in tort cases, as provided in Exhibit A attached hereto and incorporated herein, and further authorizes the City Attorney to execute such agreement in a form substantially similar to Exhibit A.
BE IT FURTHER RESOLVED, that the City Manager or his designee, are hereby authorized to execute the Amendment, in a form approved by the City Attorney.
The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 22nd day of July 2025, 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)
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07/22/2025/CAO/JSanchez/Item X [Type here] 2025-XX
APPROVED AS TO FORM:
BY: _________________________________
JOSE M. SANCHEZ, City Attorney
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07/22/2025/CAO/JSanchez/Item X [Type here] 2025-xx
MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX
RESOLUTION APPROVING A FOURTH AMENDMENT TO THE LEGAL
SERVICES AGREEMENT WITH RIVERA HEWITT PAUL, LLP IN THE
AMOUNT OF $150,000, FOR A TOTAL AGREEMENT AMOUNT NOT TO EXCEED $700,000, FOR CONTINUED REPRESENTATION IN POLICE
LITIGATION MATTERS AND AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE, TO EXECUTE THE AMENDMENT
WHEREAS, on April 14, 2021, the City entered into a standard legal services agreement with Rivera Hewitt Paul, LLP for litigation, trial counsel, legal advice, representation and assistance to the City in police related matters; and WHEREAS, on November 9, 2021, by Resolution No. 2021-439, Council approved a First Amendment in the amount of $100,000 to this agreement, increasing the not to exceed amount to $145,000 for continued representation; and WHEREAS, on December 13, 2022, by Resolution No. 2022-477, Council approved a Second Amendment in the amount of $255,000 to this agreement, increasing the not to exceed amount to $400,000 for continued representation; and WHEREAS, on May 14, 2024, by Resolution No. 2024-158, Council approved a Third Amendment in the amount of $150,000 to this agreement, increasing the not to exceed amount to $550,000 for continued representation; and WHEREAS, an increase to the Agreement budget is needed in the amount of $150,000 to support continued services for RHP’s assigned cases, for a total Agreement amount not to exceed $550,000; and
WHEREAS, 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 her discretion, determines that it is appropriate to #11..
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07/22/2025/CAO/JSanchez/Item X [Type here] 2025-xx
amend the services or goods provided under the 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; and WHEREAS, this amendment conform to MMC 8-3.204 as we are amending the agreement for continued representation in the same or similar matters.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a Fourth Amendment to the Legal Services Agreement with Rivera Hewitt Paul, LLP, in the amount of $150,000, for a total agreement amount not to exceed $700,000 for continued representation in police litigation matters as provided in Exhibit A attached hereto and incorporated herein, and further authorizes the City Attorney to execute such amendment in a form substantially similar to Exhibit A.
BE IT FURTHER RESOLVED, that the City Manager or his designee, are hereby authorized to execute the Amendment, in a form approved by the City Attorney.
The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 22nd day of July 2025, 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)
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07/22/2025/CAO/JSanchez/Item X [Type here] 2025-xx
APPROVED AS TO FORM:
BY: _________________________________
JOSE M. SANCHEZ, City Attorney
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07/22/2025/CAO/JSanchez/Item X 2025-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX
RESOLUTION APPROVING A SECOND AMENDMENT TO THE LEGAL
SERVICES AGREEMENT WITH ANGELO, KILDAY AND KILDUFF IN THE AMOUNT OF $200,000, FOR A TOTAL AGREEMENT AMOUNT NOT TO EXCEED $345,000 AND INCREASING THE HOURLY RATES FOR
CONTINUED REPRESENTATION IN POLICE LITIGATION MATTERS AND
AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE, TO EXECUTE
THE AMENDMENT
WHEREAS, on April 16, 2021, the City entered into a standard legal services agreement with Angelo, Kilday and Kilduff (AKK) for litigation, trial counsel, legal advice, representation and assistance to the City in police related matters; and WHEREAS, on November 9, 2021, by Resolution No. 2021-440, Council approved a First Amendment to the Legal Services Agreement with AKK increasing the agreement amount to 145,000 for continued representation in police related matters; and WHEREAS, an increase to the agreement budget is needed in the amount of $200,000 to support continued services, for a total agreement amount not to exceed $345,000; and
WHEREAS, the hourly rates under this Legal Services Agreement have not been adjusted since 2021; and
WHEREAS, the proposed Amendment includes a modest rate adjustment to increase hourly rates from $250 to $275 an hour for Senior Partners, $230 to $275 for Partners, $215 to $250 for Senior Associates, $200 to $235 for Associates and $115 to $125 for Paralegals; 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 #11..
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07/22/2025/CAO/JSanchez/Item X 2025-XX
granted in MMC 8-3.204(f) “Where the Purchasing Manager, in her discretion, determines that it is appropriate to amend the services or goods provided under the 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.” These legal services amendments conform to MMC 8-3.204 as we are amending these agreements for continued representation in the same or similar matters; and
WHEREAS, this amendment conform to MMC 8-3.204 as we are amending the agreement for continued representation in the same or similar matters.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a Second Amendment to the Legal Services Agreement with Angelo, Kilday and Kilduff, in the amount of $200,000, for an a total agreement amount not to exceed $345,000 and increasing the hourly rates for continued representation in police litigation matters, as provided in Exhibit A attached hereto and incorporated herein, and further authorizes the City Attorney to execute such agreement in a form substantially similar to Exhibit A.
BE IT FURTHER RESOLVED, that the City Manager or his designee, are hereby authorized to execute the agreement, in a form approved by the City Attorney.
The foregoing resolution was introduced in a regular meeting of the Council of the City of Modesto held on the 22nd day of July 2025, 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:
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07/22/2025/CAO/JSanchez/Item X 2025-XX
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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07/22/2025/CAO/JSanchez/Item X [Type here] 2025-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2025-XX
RESOLUTION APPROVING A FOURTH AMENDMENT TO THE LEGAL
SERVICES AGREEMENT WITH SANDERS ROBERTS, LLP IN THE AMOUNT OF $150,000, FOR A TOTAL AGREEMENT AMOUNT NOT TO EXCEED $695,000, FOR CONTINUED REPRESENTATION IN PERSONNEL MATTERS;
AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO
EXECUTE THE AMENDMENT
WHEREAS, on November 5, 2020, the City entered into a standard Legal Services Agreement with Lafayette & Kumagai, LLP in the amount of $45,000 for representation in labor and employment matters; and
WHEREAS, a First Amendment to the Legal Services Agreement was executed on June 30, 2021 to extend the term of the agreement to June 30, 2022; and WHEREAS, on April 5, 2022, by Resolution No. 2022-158, Council approved a Second Amendment to the Agreement to increase the not to exceed amount to $245,000 and extend the term of the agreement to April 4, 2024; and WHEREAS, on September 12, 2023, by Resolution No. 2023-408, Council approved a Third Amendment to the Agreement in the amount of $300,000 for a not to exceed amount of $545,0000; and
WHEREAS, in 2024 Lafayette & Kumagai, LLP merged with Sanders Roberts, LLP. Accordingly, on July 9, 2024, the City entered into an Assignment and Assumption Agreement with Sander Roberts, LLP regarding Lafayette’s Legal Services Agreement; and
WHEREAS, Sanders Roberts, LLP currently defends the City in confidential, litigated personnel matters. An amendment to the Agreement is needed to increase the agreement budget for continued services in the amount of $150,000. #11..
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07/22/2025/CAO/JSanchez/Item X [Type here] 2025-XX
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 her discretion, determines that it is appropriate to amend the services or goods provided under the 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.” These legal services amendments conform to MMC 8-3.204 as we are amending these agreements for continued representation in the same or similar matters; and
WHEREAS, this amendment conform to MMC 8-3.204 as we are amending the agreement for continued representation in the same or similar matters.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves a Fourth Amendment to the Legal Services Agreement with Sanders Roberts, LLP in the amount of $150,000, for a total not to exceed amount of $695,000, as provided in Exhibit A attached hereto and incorporated herein.
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 in a regular meeting of the Council of the City of Modesto held on the 22nd day of July 2025, 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:
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07/22/2025/CAO/JSanchez/Item X [Type here] 2025-XX
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST: _____________________________
DIANE NAVARES-PEREZ, CMC, City
Clerk
(SEAL)
APPROVED AS TO FORM:
BY: _________________________________
JOSE M. SANCHEZ, City Attorney
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THIRD AMENDMENT TO LEGAL SERVICES AGREEMENT
This Third Amendment to the Legal Services (this “Third Amendment”), is made and entered into on 22nd day of July 2025 (“Effective Date”), by and between the CITY OF MODESTO, a California Municipal Corporation (“City”), and SWINGLE, VAN EGMOND & HEITLINGER, a Professional Corporation (“Attorney”), located at 1207 I Street, Modesto, California 95354. City and Attorney are hereinafter collectively referred to as the “Parties,” and singularly as “Party”.
RECITALS
WHEREAS, City and Attorney entered into a Legal Services Agreement (“Agreement”) to provide legal advice, representation and assistance to City in defense of tort claims as assigned; and
WHEREAS, Attorney is specially trained, experienced and competent to perform such services; and
WHEREAS, the public interest, economy and general welfare will be served by the Agreement; and
WHEREAS, City and Attorney desire to amend the Agreement for further service by increasing the previously approved amount of fees from $850,000 to $950,000.
NOW, THEREFORE, it is hereby agreed that the Legal Services Agreement between the City of Modesto and SWINGLE, VAN EGMOND & HEITLINGER dated May 23, 2023 and amended by Resolution No. 2024-008 and 2024-382 is amended as follows:
1. Section 2(a) of Paragraph 2, “Fees and Costs,” is amended to state as follows:
“The total of all fees paid to Attorney for the performance of all services set forth in Section 1 (thereafter the “Service”), and for all authorized Reimbursable Expenses (as defined hereafter), shall not exceed a total sum of nine hundred fifty thousand dollars ($950,000).”
2. Entire Agreement. The parties to this Third Amendment understand and agree that except as stated herein all terms and conditions of the original Agreement, dated May 23, 2023, remain in full force and effect to the extent they are not in conflict with this Third Amendment. This document, including all exhibits, contain the entire amendment to the Agreement between the Parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Third Amendment. No alteration to the terms of this Third Amendment shall be valid unless approved in writing by Attorney and by City, in accordance with applicable provision of the Modesto City Code. #11..
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3. Authority. The person signing this Third Amendment for Attorney hereby represents and warrants that he/she is fully authorized to sign this Third Amendment on behalf of Attorney and to bind Attorney to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the Parties have executed this Third Amendment as of the dates stated below.
CITY OF MODESTO,
A Municipal Corporation
By:
Print name: Joseph P. Lopez
Title: City Manager
APPROVED TO AS FORM:
_____________________________________
Jose M. Sanchez, City Attorney
ATTEST:
____________________________________
Diane Nayares-Perez, City Clerk
________________________________
Matthew Braley, Risk Manager
[Signatures Continued on Next Page.]
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ATTORNEY:
SWINGLE, VAN EGMOND & HEITLINGER
a Professional Corporation
____________________________________
Federal I.D. No.
State I.D. No.
___________________________________
City of Modesto Business Op. Tax Cert. No.
TYPE OF BUSINESS ENTITY (check one):
_____ Individual/Sole Proprietor
_____ Partnership
_____ Corporation
_____ Limited Liability Company
_____ Other (please specify: ______________)
______________________________________
Signature of Authorized Person
_________________________________
Title
______________________________________
Additional Signature (if required)
______________________________________
Title
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FOURTH AMENDMENT TO LEGAL SERVICES AGREEMENT
This Fourth Amendment to the Legal Services (this “Fourth Amendment”), is made and entered into on 22nd day of July 2025 (“Effective Date”), by and between the CITY OF MODESTO, a California Municipal Corporation (“City”), and RIVERA HEWITT PAUL, LLP (“Attorney”), located at 11341 Gold Express Drive, Suite 160, Gold River, California 95670. City and Attorney are hereinafter collectively referred to as the “Parties,” and singularly as “Party”.
RECITALS
WHEREAS, City and Attorney entered into a Legal Services Agreement (“Agreement”) to provide litigation, trial counsel, legal advice, representation and assistance to City in relation to police matters including use of force and the discharge of a weapon; and WHEREAS, Attorney is specially trained, experienced and competent to perform such services; and
WHEREAS, the public interest, economy and general welfare will be served by the Agreement; and
WHEREAS, City and Attorney desire to amend the Agreement for further service by increasing the previously approved amount of fees from $550,000 to $700,000.
NOW, THEREFORE, it is hereby agreed that the Legal Services Agreement between the City of Modesto and Rivera Hewitt Paul dated April 14, 2021, amended by Resolution No. 2021-439, Resolution No. 2022-477 and Resolution No. 2024-158 is amended as follows:
1. Section 2(a) of Paragraph 2, “Fees and Costs,” Hourly Rates is amended to state as follows:
“The total of all fees paid to Attorney for the performance of all services set forth in Section 1(thereafter the “Service”), and for all authorized Reimbursable Expenses (as defined hereafter), shall not exceed a total sum of seven hundred thousand dollars ($700,000).”
2. Entire Agreement. The parties to this Fourth Amendment understand and agree that except as stated herein all terms and conditions of the original Agreement, dated April 14, 2021, remain in full force and effect to the extent they are not in conflict with this Fourth Amendment. This document, including all exhibits, contain the entire amendment to the Agreement between the Parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Fourth Amendment. No alteration to the terms of this Fourth Amendment shall be valid unless approved in writing by Attorney and by City, in accordance with applicable provision of the Modesto City Code. #11..
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3. Authority. The person signing this Fourth Amendment for Attorney hereby represents and warrants that he/she is fully authorized to sign this Fourth Amendment on behalf of Attorney and to bind Attorney to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the Parties have executed this Fourth Amendment as of the dates stated below.
CITY OF MODESTO,
A Municipal Corporation
By:
Print name: Joseph P. Lopez
Title: City Manager
APPROVED TO AS FORM:
_____________________________________
Jose M. Sanchez, City Attorney
ATTEST:
____________________________________
Diane Nayares-Perez, City Clerk
________________________________
Matthew Braley, Risk Manager
[Signatures Continued on Next Page.]
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ATTORNEY:
RIVERA HEWITT PAUL LLP
______________________________________
______________________________________
Federal I.D. No.
______________________________________
State I.D. No.
______________________________________
City of Modesto Business Op. Tax Cert. No.
TYPE OF BUSINESS ENTITY (check one):
_____ Individual/Sole Proprietor
_____ Partnership
_____ Corporation
_____ Limited Liability Company
_____ Other (please specify: ______________)
______________________________________
Signature of Authorized Person
______________________________________
Title
______________________________________
Additional Signature (if required)
______________________________________
Title
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SECOND AMENDMENT TO LEGAL SERVICES AGREEMENT
This Second Amendment to the Legal Services (this “Second Amendment”), is made and entered into on this 22nd day of July 2025 (“Effective Date”), by and between the CITY OF MODESTO, a California Municipal Corporation (“City”), and ANGELO, KILDAY & KILDUFF (“Attorney”), located at 601 University Ave., Suite 150, Sacramento, California 95825. City and Attorney are hereinafter collectively referred to as the “Parties,” and singularly as “Party”.
RECITALS
WHEREAS, City and Attorney entered into a Legal Services Agreement (“Agreement”) to provide litigation, trial counsel, legal advice, representation and assistance to City in relation to police matters including use of force and the discharge of a weapon; and WHEREAS, Attorney is specially trained, experienced and competent to perform such services; and
WHEREAS, the public interest, economy and general welfare will be served by the Agreement; and
WHEREAS, City and Attorney desire to amend the Agreement for further service by increasing the previously approved amount of fees from $145,000 to $345,000.
NOW, THEREFORE, it is hereby agreed that the Legal Services Agreement between the City of Modesto and Angelo, Kilday & Kilduff dated April 16, 2021, and amended on November 9th, 2021 by Resolution No. 2021-440 is amended as follows:
1. Section 2(a), “Fees and Costs,” Fees and Costs is amended to state as follows:
a. Hourly Rates:
Senior Partner $275
Partner: $275
Senior Associate: $250
Associate: $235
Paralegal: $125
“The total of all fees paid to Attorney for the performance of all services set forth in Section 1(thereafter the “Service”), and for all authorized Reimbursable Expenses (as defined hereafter), shall not exceed a total sum of three hundred forty-five thousand dollars ($345,000).”
2. Entire Agreement. The parties to this Second Amendment understand and agree that except as stated herein all terms and conditions of the original Agreement, dated April 16, 2021, remain in full force and effect to the extent they are not in conflict with this Second Amendment. This document, including all exhibits, contain the entire amendment to the #11..
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Agreement between the Parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Second Amendment. No alteration to the terms of this Second Amendment shall be valid unless approved in writing by Attorney and by City, in accordance with applicable provision of the Modesto City Code.
3. Authority. The person signing this Second Amendment for Attorney hereby represents and warrants that he/she is fully authorized to sign this Second Amendment on behalf of Attorney and to bind Attorney to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the Parties have executed this Second Amendment as of the dates stated below.
CITY OF MODESTO,
A Municipal Corporation
By:
Print name: Joseph P. Lopez
Title: City Manager
APPROVED TO AS FORM:
_____________________________________
Jose M. Sanchez, City Attorney
ATTEST:
____________________________________
Diane Nayares-Perez, City Clerk
_____________________________________
Matthew Braley, Risk Manager
[Signatures Continued on Next Page.]
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ATTORNEY:
ANGELO, KILDAY & KILDUFF
______________________________________
______________________________________
Federal I.D. No.
______________________________________
State I.D. No.
______________________________________
City of Modesto Business Op. Tax Cert. No.
TYPE OF BUSINESS ENTITY (check one):
_____ Individual/Sole Proprietor
_____ Partnership
_____ Corporation
_____ Limited Liability Company
_____ Other (please specify: ______________)
______________________________________
Signature of Authorized Person
______________________________________
Title
______________________________________
Additional Signature (if required)
______________________________________
Title
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FOURTH AMENDMENT TO LEGAL SERVICES AGREEMENT
This Fourth Amendment to the Legal Services Agreement (this “Fourth Amendment”), is made and entered into on the 22nd day of July 2025 (“Effective Date”), by and between the CITY OF MODESTO, a California Municipal Corporation (“City”), and SANDERS ROBERTS, LLP (“Attorney”), located at 1055 W. 7th Street, Suite 3200, Los Angeles, CA 90017. City and Attorney are hereinafter collectively referred to as the “Parties,” and singularly as “Party”.
RECITALS
WHEREAS, City and Attorney entered into a Legal Services Agreement (“Agreement”) to provide for legal advice, representation and assistance on matters involving personnel and administrative investigations; and
WHEREAS, in 2024 Lafayette & Kumagai, LLP merged with Sanders Roberts, LLP.
Accordingly, on July 9, 2024, the City entered into an Assignment and Assumption Agreement with Sander Roberts, LLP regarding Lafayette’s Legal Services Agreement.
WHEREAS, Attorney is specially trained, experienced and competent to perform such services; and
WHEREAS, the public interest, economy and general welfare will be served by the Agreement; and
WHEREAS, City and Attorney desire to amend the Agreement to increase the budget of said agreement.
NOW, THEREFORE, it is hereby agreed that the Legal Services Agreement between the City of Modesto and Sanders Roberts, LLP is amended as follows:
2. Section 2(a) of Paragraph 2, “Fees and Costs,” Hourly Rates is amended to state as follows:
“The total of all fees paid to Attorney for the performance of all services set forth in Section 1(thereafter the “Service”), and for all authorized Reimbursable Expenses (as defined hereafter), shall not exceed a total sum of six hundred and ninety-five thousand dollars ($695,000).
2. Entire Agreement. The parties to this Fourth Amendment understand and agree that except as stated herein all terms and conditions of the original Agreement, dated November 5, 2020, remain in full force and effect to the extent they are not in conflict with this Fourth Amendment. This document, including all exhibits, contain the entire amendment to the Agreement between the Parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Fourth Amendment. No alteration to the terms of this #11..
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Fourth Amendment shall be valid unless approved in writing by Attorney and by City, in accordance with applicable provision of the Modesto City Code.
3. Authority. The person signing this Fourth Amendment for Attorney hereby represents and warrants that he/she is fully authorized to sign this Fourth Amendment on behalf of Attorney and to bind Attorney to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the Parties have executed this Fourth Amendment as of the dates stated below.
CITY OF MODESTO,
A Municipal Corporation
By:
Print name: Joesph P. Lopez
Title: City Manager
ATTEST:
____________________________________
Diane Navares-Perez, City Clerk
____________________________________
Matthew Braley, Risk Manager
[Signatures Continued on Next Page.]
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ATTORNEY:
SANDERS ROBERTS, LLP
______________________________________
______________________________________
Federal I.D. No.
______________________________________
State I.D. No.
______________________________________
City of Modesto Business Op. Tax Cert. No.
TYPE OF BUSINESS ENTITY (check one):
_____ Individual/Sole Proprietor
_____ Partnership
_____ Corporation
_____ Limited Liability Company
__x___ Other (please specify: ___Limited Liability Partnership ___________) ______________________________________
Signature of Authorized Person
______________________________________
Title
______________________________________
Additional Signature (if required)
______________________________________
Title
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California Levine Act Disclosure
California Government Code Section 84308, also known as the "Levine Act", prohibits City “officers” from participating in any action related to a license, permit, or other entitlement for use (a “proceeding”) if such member accepts, solicits, or directs political contributions from a party to the proceeding or their agent totaling more than $500 while the proceeding is pending before the agency, and for twelve (12) months following the date a decision concerning the proceeding has been made. The Levine Act also requires disclosure of such contribution by a party to the proceeding.
Section 84308(a)(4) of the Levine Act defines an "officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “officer” is further defined 2 Cal. Code Regs. Section 18438.1, which states:
An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency of officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position; (2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4)Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.
A list of Modesto City Council Board Members can be found online at: Modesto City Council https://modestogov.com/706/Council-Members (modestogov.com). The party making this certification is responsible for determining whether a recipient of a political contribution is a City officer prior to answering the following questions:
1. Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City officer, in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any Council action related to this contract?
___ YES If yes, please identify the Councilmember(s):
___ NO
2. Do you, or your company, or any agent on behalf of you or your company, anticipate or plan to make any political contribution of more than $500 to any City officer in the twelve (12) months following any Council action related to this contract?
___ YES If yes, please identify the Councilmember(s):
___ NO
x
x
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Answering YES to either of the questions above does not preclude the City of Modesto from awarding a contract to your firm or taking any subsequent action related to the contract. It may, however, preclude the identified City officer from participating in any actions related to such contract.
HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
_________________ _____________________________
Date Signature of authorized individual
_____________________________
Company/Applicant Name
7/17/25
Swingle, Van Egmond & Heitlinger
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California Levine Act Disclosure
California Government Code Section 84308, also known as the "Levine Act", prohibits City “officers” from participating in any action related to a license, permit, or other entitlement for use (a “proceeding”) if such member accepts, solicits, or directs political contributions from a party to the proceeding or their agent totaling more than $500 while the proceeding is pending before the agency, and for twelve (12) months following the date a decision concerning the proceeding has been made. The Levine Act also requires disclosure of such contribution by a party to the proceeding.
Section 84308(a)(4) of the Levine Act defines an "officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “officer” is further defined 2 Cal. Code Regs. Section 18438.1, which states:
An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency of officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position; (2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4)Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.
A list of Modesto City Council Board Members can be found online at: Modesto City Council https://modestogov.com/706/Council-Members (modestogov.com). The party making this certification is responsible for determining whether a recipient of a political contribution is a City officer prior to answering the following questions:
1. Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City officer, in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any Council action related to this contract?
___ YES If yes, please identify the Councilmember(s):
___ NO
2. Do you, or your company, or any agent on behalf of you or your company, anticipate or plan to make any political contribution of more than $500 to any City officer in the twelve (12) months following any Council action related to this contract?
___ YES If yes, please identify the Councilmember(s):
___ NO
x
x
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Answering YES to either of the questions above does not preclude the City of Modesto from awarding a contract to your firm or taking any subsequent action related to the contract. It may, however, preclude the identified City officer from participating in any actions related to such contract.
HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
_________________ _____________________________
Date Signature of authorized individual
_____________________________
Company/Applicant Name
July 16, 2025
Gary T. Lafayette
Lafayette & Kumagai LLP
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Revised /2025
Bid Waiver Approval Form
Supplier Name: Amount of Bid Waiver Request:
Supplier Contact: Supplier Phone No:
Are Federal Funds being utilized for portion of purchase? Yes No A bid waiver is required for any procurement commitment greater than $ 3,500 where a minimum of three bids are not obtained.
Justification for waiving the competitive bid requirements is limited to the following (provide detailed information in the comments section of form):
Reason for Bid Waiver - Check Box:
Sole Source - The item/service is unique in its specifications such that only one vendor is qualified to provide the good or service (Formal bidding exception under MMC 8-3.204(b)) – SOLE SOURCE LETTER ATTACHMENT REQUIRED OEM - Original Equipment Manufacturer / Distributor - OEM LETTER
ATTACHMENT REQUIRED
Inflexible time constraints preclude the bidding process - Exigent or emergency circumstances (Formal bidding exception under MMC 8-3.204 (c)) The incumbent's cost, delivery and quality can be compared to a previous quote/bid obtained within the last six months, for the same or similar item/service (Total purchase must be less than $100,000)
Professional Services defined under MMC 8-3.103 (Formal bidding exception under MMC 8-3.204 (a)) – staff should make effort to solicit at least three informal proposals.
Single Bid/Proposal – More than one supplier could provide the goods or service, but only one supplier provided bid/proposal for solicitation.
Amendment – Extending agreement for no more than one year to allow the City to complete formal bidding process for new agreement (MMC 8-3.204 (e)).
Amendment – Amending the goods or services under the existing agreement to include similar types of goods and services (MMC 8-3.204 (f)) Requisition No: Department:
Project Description:
The purchase of any item utilizing any Federal Funding must comply with current applicable Circular #11..
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Revised /2025
Other (requires detailed comments)
NEW TECHNOLOGY PURCHASES
Does the new technology meet the criteria to be reviewed by the Technology Steering and Alignment Committee (TSAC)? Yes ____ No ____
If yes, was it approved by this committee? Yes ____ No ____ Approval Name Signature Date
Requestor
Division Manager
Department Director
Chief Information Officeri
Buyer
Purchasing Manager
Director of Finance
i Information technology (IT) purchases will require Chief Information Officer Signature Buyer Comments:
(insert required text field in Adobe)
Comments
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Revised /2025
Bid Waiver Approval Form
Supplier Name: Amount of Bid Waiver Request:
Supplier Contact: Supplier Phone No:
Are Federal Funds being utilized for portion of purchase? Yes No A bid waiver is required for any procurement commitment greater than $ 3,500 where a minimum of three bids are not obtained.
Justification for waiving the competitive bid requirements is limited to the following (provide detailed information in the comments section of form):
Reason for Bid Waiver - Check Box:
Sole Source - The item/service is unique in its specifications such that only one vendor is qualified to provide the good or service (Formal bidding exception under MMC 8-3.204(b)) – SOLE SOURCE LETTER ATTACHMENT REQUIRED OEM - Original Equipment Manufacturer / Distributor - OEM LETTER
ATTACHMENT REQUIRED
Inflexible time constraints preclude the bidding process - Exigent or emergency circumstances (Formal bidding exception under MMC 8-3.204 (c)) The incumbent's cost, delivery and quality can be compared to a previous quote/bid obtained within the last six months, for the same or similar item/service (Total purchase must be less than $100,000)
Professional Services defined under MMC 8-3.103 (Formal bidding exception under MMC 8-3.204 (a)) – staff should make effort to solicit at least three informal proposals.
Single Bid/Proposal – More than one supplier could provide the goods or service, but only one supplier provided bid/proposal for solicitation.
Amendment – Extending agreement for no more than one year to allow the City to complete formal bidding process for new agreement (MMC 8-3.204 (e)).
Amendment – Amending the goods or services under the existing agreement to include similar types of goods and services (MMC 8-3.204 (f)) Requisition No: Department:
Project Description:
The purchase of any item utilizing any Federal Funding must comply with current applicable Circular #11..
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Other (requires detailed comments)
NEW TECHNOLOGY PURCHASES
Does the new technology meet the criteria to be reviewed by the Technology Steering and Alignment Committee (TSAC)? Yes ____ No ____
If yes, was it approved by this committee? Yes ____ No ____ Approval Name Signature Date
Requestor
Division Manager
Department Director
Chief Information Officeri
Buyer
Purchasing Manager
Director of Finance
i Information technology (IT) purchases will require Chief Information Officer Signature Buyer Comments:
(insert required text field in Adobe)
Comments
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Revised /2025
Bid Waiver Approval Form
Supplier Name: Amount of Bid Waiver Request:
Supplier Contact: Supplier Phone No:
Are Federal Funds being utilized for portion of purchase? Yes No A bid waiver is required for any procurement commitment greater than $ 3,500 where a minimum of three bids are not obtained.
Justification for waiving the competitive bid requirements is limited to the following (provide detailed information in the comments section of form):
Reason for Bid Waiver - Check Box:
Sole Source - The item/service is unique in its specifications such that only one vendor is qualified to provide the good or service (Formal bidding exception under MMC 8-3.204(b)) – SOLE SOURCE LETTER ATTACHMENT REQUIRED OEM - Original Equipment Manufacturer / Distributor - OEM LETTER
ATTACHMENT REQUIRED
Inflexible time constraints preclude the bidding process - Exigent or emergency circumstances (Formal bidding exception under MMC 8-3.204 (c)) The incumbent's cost, delivery and quality can be compared to a previous quote/bid obtained within the last six months, for the same or similar item/service (Total purchase must be less than $100,000)
Professional Services defined under MMC 8-3.103 (Formal bidding exception under MMC 8-3.204 (a)) – staff should make effort to solicit at least three informal proposals.
Single Bid/Proposal – More than one supplier could provide the goods or service, but only one supplier provided bid/proposal for solicitation.
Amendment – Extending agreement for no more than one year to allow the City to complete formal bidding process for new agreement (MMC 8-3.204 (e)).
Amendment – Amending the goods or services under the existing agreement to include similar types of goods and services (MMC 8-3.204 (f)) Requisition No: Department:
Project Description:
The purchase of any item utilizing any Federal Funding must comply with current applicable Circular #11..
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Other (requires detailed comments)
NEW TECHNOLOGY PURCHASES
Does the new technology meet the criteria to be reviewed by the Technology Steering and Alignment Committee (TSAC)? Yes ____ No ____
If yes, was it approved by this committee? Yes ____ No ____ Approval Name Signature Date
Requestor
Division Manager
Department Director
Chief Information Officeri
Buyer
Purchasing Manager
Director of Finance
i Information technology (IT) purchases will require Chief Information Officer Signature Buyer Comments:
(insert required text field in Adobe)
Comments
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Revised /2025
Bid Waiver Approval Form
Supplier Name: Amount of Bid Waiver Request:
Supplier Contact: Supplier Phone No:
Are Federal Funds being utilized for portion of purchase? Yes No A bid waiver is required for any procurement commitment greater than $ 3,500 where a minimum of three bids are not obtained.
Justification for waiving the competitive bid requirements is limited to the following (provide detailed information in the comments section of form):
Reason for Bid Waiver - Check Box:
Sole Source - The item/service is unique in its specifications such that only one vendor is qualified to provide the good or service (Formal bidding exception under MMC 8-3.204(b)) – SOLE SOURCE LETTER ATTACHMENT REQUIRED OEM - Original Equipment Manufacturer / Distributor - OEM LETTER
ATTACHMENT REQUIRED
Inflexible time constraints preclude the bidding process - Exigent or emergency circumstances (Formal bidding exception under MMC 8-3.204 (c)) The incumbent's cost, delivery and quality can be compared to a previous quote/bid obtained within the last six months, for the same or similar item/service (Total purchase must be less than $100,000)
Professional Services defined under MMC 8-3.103 (Formal bidding exception under MMC 8-3.204 (a)) – staff should make effort to solicit at least three informal proposals.
Single Bid/Proposal – More than one supplier could provide the goods or service, but only one supplier provided bid/proposal for solicitation.
Amendment – Extending agreement for no more than one year to allow the City to complete formal bidding process for new agreement (MMC 8-3.204 (e)).
Amendment – Amending the goods or services under the existing agreement to include similar types of goods and services (MMC 8-3.204 (f)) Requisition No: Department:
Project Description:
The purchase of any item utilizing any Federal Funding must comply with current applicable Circular #11..
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Other (requires detailed comments)
NEW TECHNOLOGY PURCHASES
Does the new technology meet the criteria to be reviewed by the Technology Steering and Alignment Committee (TSAC)? Yes ____ No ____
If yes, was it approved by this committee? Yes ____ No ____ Approval Name Signature Date
Requestor
Division Manager
Department Director
Chief Information Officeri
Buyer
Purchasing Manager
Director of Finance
i Information technology (IT) purchases will require Chief Information Officer Signature Buyer Comments:
(insert required text field in Adobe)
Comments
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SECOND AMENDMENT TO LEGAL SERVICES AGREEMENT
This Second Amendment to the Legal Services (this “Second Amendment”), is made and entered into on 22
nd day of October 2024 (“Effective Date”), by and between the CITY OF MODESTO, a California Municipal Corporation (“City”), and SWINGLE, VAN EGMOND & HEITLINGER, a Professional Corporation (“Attorney”), located at 1207 I Street, Modesto, California 95354. City and Attorney are hereinafter collectively referred to as the “Parties,” and singularly as “Party”.
RECITALS
WHEREAS, City and Attorney entered into a Legal Services Agreement (“Agreement”) to provide legal advice, representation and assistance to City in defense of tort claims as assigned; and
WHEREAS, Attorney is specially trained, experienced and competent to perform such services; and
WHEREAS, the public interest, economy and general welfare will be served by the Agreement; and
WHEREAS, City and Attorney desire to amend the Agreement for further service by increasing the previously approved amount of fees from $550,000 to $850,000.
NOW, THEREFORE, it is hereby agreed that the Legal Services Agreement between the City of Modesto and SWINGLE, VAN EGMOND & HEITLINGER dated May 23, 2023 and amended by Resolution No. 2024-008 is amended as follows:
1. Section 2(a) of Paragraph 2, “Fees and Costs,” is amended to state as follows:
“The total of all fees paid to Attorney for the performance of all services set forth in Section 1 (thereafter the “Service”), and for all authorized Reimbursable Expenses (as defined hereafter), shall not exceed a total sum of eight hundred fifty thousand dollars ($850,000).”
2. Entire Agreement. The parties to this Second Amendment understand and agree that except as stated herein all terms and conditions of the original Agreement, dated May 23, 2023, remain in full force and effect to the extent they are not in conflict with this Second Amendment. This document, including all exhibits, contain the entire amendment to the Agreement between the Parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Second Amendment. No alteration to the terms of this Second Amendment shall be valid unless approved in writing by Attorney and by City, in accordance with applicable provision of the Modesto City Code.
Docusign Envelope ID: 78BFBBDD-39EE-4380-9173-3629F910C2A4 #11..
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3. Authority. The person signing this Second Amendment for Attorney hereby represents and warrants that he/she is fully authorized to sign this Second Amendment on behalf of Attorney and to bind Attorney to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the Parties have executed this Second Amendment as of the dates stated below.
CITY OF MODESTO,
A Municipal Corporation
By:
Print name: Joseph P. Lopez
Title: City Manager
APPROVED TO AS FORM:
_____________________________________
Jose M. Sanchez, City Attorney
ATTEST:
____________________________________
Diane Nayares-Perez, City Clerk
________________________________
Matthew Braley, Risk Manager
[Signatures Continued on Next Page.]
Docusign Envelope ID: 78BFBBDD-39EE-4380-9173-3629F910C2A4 10/24/2024
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ATTORNEY:
SWINGLE, VAN EGMOND & HEITLINGER
a Professional Corporation
____________________________________
Federal I.D. No.
State I.D. No.
___________________________________
City of Modesto Business Op. Tax Cert. No.
TYPE OF BUSINESS ENTITY (check one):
_____ Individual/Sole Proprietor
_____ Partnership
_____ Corporation
_____ Limited Liability Company
_____ Other (please specify: ______________)
______________________________________
Signature of Authorized Person
_________________________________
Title
______________________________________
Additional Signature (if required)
______________________________________
Title
Docusign Envelope ID: 78BFBBDD-39EE-4380-9173-3629F910C2A4 Attorney
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FIRST AMENDMENT TO LEGAL SERVICES AGREEMENT
This First Amendment to the Legal Services (this “First Amendment”), is made and entered into on 23rd day of January 2024 (“Effective Date”), by and between the CITY OF MODESTO, a California Municipal Corporation (“City”), and SWINGLE, VAN EGMOND & HEITLINGER, a Professional Corporation (“Attorney”), located at 1207 I Street, Modesto, California 95354. City and Attorney are hereinafter collectively referred to as the “Parties,” and singularly as “Party”.
RECITALS
WHEREAS, City and Attorney entered into a Legal Services Agreement (“Agreement”) to provide legal advice, representation and assistance to City in defense of tort claims as assigned; and
WHEREAS, Attorney is specially trained, experienced and competent to perform such services; and
WHEREAS, the public interest, economy and general welfare will be served by the Agreement; and
WHEREAS, City and Attorney desire to amend the Agreement for further service by increasing the previously approved amount of fees from $250,000 to $550,000.
NOW, THEREFORE, it is hereby agreed that the Legal Services Agreement between the City of Modesto and SWINGLE, VAN EGMOND & HEITLINGER dated May 23, 2023, is amended as follows:
1. Section 2(a) of Paragraph 2, “Fees and Costs,” is amended to state as follows:
“The total of all fees paid to Attorney for the performance of all services set forth in Section 1 (thereafter the “Service”), and for all authorized Reimbursable Expenses (as defined hereafter), shall not exceed a total sum of five hundred and fifty thousand dollars ($550,000).”
2. Entire Agreement. The parties to this First Amendment understand and agree that except as stated herein all terms and conditions of the original Agreement, dated May 23, 2023, remain in full force and effect to the extent they are not in conflict with this First Amendment. This document, including all exhibits, contain the entire amendment to the Agreement between the Parties and supersedes whatever oral or written understanding they may have had prior to the execution of this First Amendment. No alteration to the terms of this First Amendment shall be valid unless approved in writing by Attorney and by City, in accordance with applicable provision of the Modesto City Code.
DocuSign Envelope ID: 138F2FE0-399E-4871-98C0-2105ACB15267 #11..
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3. Authority. The person signing this First Amendment for Attorney hereby represents and warrants that he/she is fully authorized to sign this First Amendment on behalf of Attorney and to bind Attorney to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the dates stated below.
CITY OF MODESTO,
A Municipal Corporation
By:
Print name: Joseph P. Lopez
Title: City Manager
APPROVED TO AS FORM:
_____________________________________
Jose M. Sanchez, City Attorney
ATTEST:
____________________________________
Diane Nayares-Perez, City Clerk
________________________________
Christina Alger, Director of Human Resources
[Signatures Continued on Next Page.]
DocuSign Envelope ID: 138F2FE0-399E-4871-98C0-2105ACB15267 1/31/2024
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ATTORNEY:
SWINGLE, VAN EGMOND & HEITLINGER
a Professional Corporation
____________________________________
Federal I.D. No.
State I.D. No.
___________________________________
City of Modesto Business Op. Tax Cert. No.
TYPE OF BUSINESS ENTITY (check one):
_____ Individual/Sole Proprietor
_____ Partnership
_____ Corporation
_____ Limited Liability Company
_____ Other (please specify: ______________)
______________________________________
Signature of Authorized Person
_________________________________
Title
______________________________________
Additional Signature (if required)
______________________________________
Title
DocuSign Envelope ID: 138F2FE0-399E-4871-98C0-2105ACB15267 Attorney
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Legal Services Agreement
City of Modesto and Swingle Van Egmond & Heitlinger
1 LEGAL SERVICES AGREEMENT
This Legal Services Agreement (this “Agreement”) is made and entered into on the 23 rd
day of May, 2023 (“Effective Date”), by and between the CITY OF MODESTO, a California Municipal Corporation (“City”), located at 1010 Tenth Street, Sixth Floor, Modesto, California 95353 and SWINGLE, VAN EGMOND & HEITLINGER, a Professional Corporation (“Attorney”), located at 1207 I Street, Modesto, California 95354. City and Attorney are hereinafter collectively referred to as the “Parties,” and singularly as a “Party.”
RECITALS
WHEREAS, City desires to continue Attorney’s services with respect to providing legal advice, representation and assistance to City in defense of tort claims as assigned; and WHEREAS, Attorney is specially trained, experienced and competent to perform such services; and
WHEREAS, the public interest, economy and general welfare will be served by this Agreement.
NOW, THEREFORE it is hereby agreed as follows:
1. Services.
a. Scope of Work: Subject to the terms and conditions set forth in this Agreement, Attorney shall provide to City the following services (“Services”):
Claims including litigation as assigned. Cases will include tort, trip and fall, sidewalk, road and other similar cases.
Attorney shall not be compensated for services outside the scope of work identified under this Section unless prior to the commencement of such services:
(i) Attorney notifies City and City agrees that such services are outside the scope of work under this Section; (ii) Attorney estimates the additional compensation required for these additional services; and (iii) City, after notice, approves in writing a Supplemental Agreement specifying the additional services and amount of compensation therefor.
Specific tasks including specific claims under the scope of work of this Agreement performed by Attorney will be assigned by City with written notice to Attorney. Within ten (10) days of receiving notice by City of a new task, Attorney shall provide City a budget for the requested task. Attorney must receive written approval by City of the proposed budget prior to commencement DocuSign Envelope ID: A993C6D9-969C-4164-91DF-88E608016EE6 #11..
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2 of task. Total compensation for all tasks under this Agreement shall not exceed the total compensation under Section 2 of this Agreement. b. Term: This Agreement shall become effective on the Effective Date and shall continue in effect until both Parties have fully performed their respective obligations under this Agreement unless sooner terminated as provided in Section
7. c. Partner in Charge: The partner in charge of the defense of City in assigned tort claims will be Bradley Swingle. Attorney will utilize experienced associate attorneys and paralegals under supervision of the partner in charge. The partner in charge will be the contact person for City and will make himself/herself reasonable available to respond to questions from the City Attorney or City staff.
2. Fees and Costs.
a. Hourly Rates:
Bradley J. Swingle $175.00/hour
Colleen F. Van Egmond $175.00/hour
Amanda Heitlinger $175.00/hour
The total of all fees paid to Attorney for the performance of all services set forth in Section 1 (hereafter the “Services”), and for all authorized Reimbursable Expenses (as defined hereafter), shall not exceed the total sum of two hundred fifty thousand dollars ($250,000).
b. Reimbursable Expenses. City shall reimburse Attorney for the actual, reasonable and necessary expense of travel out of the Modesto metropolitan area, approved in advance, at $0.65.5 per mile. Attorney will not charge City for the cost of telephone calls or photocopying. Litigation costs and expenses for statutory fees, witness fees, reporters’ per diem and stenographic transcriptions, jury fees, and the expenses of serving process shall be advanced by Attorney and reimbursed by City. Expert consultants and witnesses may be retained by Attorney on terms acceptable to City, approved in advance by email or letter by the City Representative (as defined hereafter), in which case City shall reimburse Attorney or pay such consultants or experts directly.
DocuSign Envelope ID: A993C6D9-969C-4164-91DF-88E608016EE6 #11..
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Legal Services Agreement
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3 c. Billing:
i. Legal billings shall be submitted to City every thirty (30) days unless otherwise advised.
ii. Each task shall be distinctly and completely identified. In litigation matters, City will not pay invoices that contain block billing. Each billing entry must contain the initials of the individual performing the task, the nature of the task, the date it was performed, and the length of time it took.
iii. Costs under $1,000.00 shall be paid by Attorney and submitted with their normal billing.
iv. City reserves the right to audit all invoices.
v. Payments to Attorney shall be made within a reasonable time after receipt of Attorney’s invoice, generally within sixty (60) days of receipt. Attorney shall be responsible for supplying all documentation necessary to verify the monthly billings to the satisfaction of City.
vi. In addition to the provisions stated elsewhere in this Agreement regarding the payment of fees, billing and budgeting, the following guidelines for billing apply:
(1) City expects each individual working on the matter for which Attorney is retained to have the necessary experience to perform the services required to protect or pursue City’s interests in the matter in a cost effective manner, consistent with high professional and ethical standards.
(2) City expects Attorney to select the individual most suitable for the task required and the specific needs of the matter, and to use the maximum efficiencies available. Billings for services performed by the inappropriate level of personnel will be reduced by City based on rate adjustments for the appropriate level of personnel. (3) City will not pay for unnecessary review of texts, codes, rules of court, or other fundamental references. City will pay the hourly rate for specific legal research which is unique to the matter, assuming that Attorney has used maximum efficiencies and that Attorney has not already recently performed research in the same or very similar areas of law.
DocuSign Envelope ID: A993C6D9-969C-4164-91DF-88E608016EE6 #11..
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Legal Services Agreement
City of Modesto and Swingle Van Egmond & Heitlinger
4 (4) City acknowledges the benefit of communications between attorneys in the firm. City does, however, expect that intra-office conferences will only be held as needed, and will be kept to a minimum. Intra-office conferences shall be for the purpose of discussing strategy and legal issues which directly further the matter. City will not pay for conferences which are supervisorial, instructional or administrative. Any invoice which lists an intraoffice conference that does not meet these guidelines must contain a full explanation and is subject to reduction by City. City will not pay for “team meetings” and City will scrutinize all intra-office conferences for “value added” to the matter by the conference, for the number of individuals attending the conference, the length of the conference, the subjects discussed at the conference and who participated in it, and will, in City’s sole discretion, determine if such value has been added.
(5) City will not pay for local telephone calls, incoming facsimiles, postage, time spent on filing, calendaring, indexing pleadings, photocopying, conferences with Clerks of court or court reporters, secretarial proofreading, re-drafting due to substandard work, or opening, organizing or closing files. City will not pay for time billed by summer interns, time for more than one individual to attend a trial, hearing, court appearance, arbitration, mediation, deposition, third party meeting, conference call or similar event, unless otherwise approved by City in advance.
(6) Vague billing which does not contain sufficient information to allow City’s reviewer of the invoice to determine the nature of the task, the reason for the task, and the individual performing the task is subject to reduction by City.
(7) City will not reimburse for overtime, word processing, supplies, anything identified on an invoice as “miscellaneous,” or any other unidentified charges.
d. Budget:
i. Within ten (10) days of the Effective Date, Attorney shall provide City with a proposed budget for the Services to be rendered pursuant to this Agreement. If Services involve tasks that have not yet been assigned by City, Attorney shall provide City with a proposed budget for all assigned new tasks with ten (10) days of receiving written notice from the City assigning Attorney the new task. Total compensation for all tasks under this Agreement shall not exceed the total compensation under Section 2 of DocuSign Envelope ID: A993C6D9-969C-4164-91DF-88E608016EE6 #11..
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5 this Agreement. The budget shall include all projected fees and costs to be incurred by Attorney and necessary for completion of the Services necessary to conclude the representation. The budget shall be a good faith estimate and shall be as complete and detailed as reasonably possible, including such items as discovery and motions for trial, preparation of documents for transactional services, and anticipated research and investigations. The proposed budget shall identify the projected total hours that will be billed to each task, and the individual that are anticipated to be performing the task. Any deviation from the budget in excess of fifteen percent (15%), must be approved in advance by the City Attorney or designee. Notwithstanding the foregoing, should it become reasonably apparent to Attorney that the actual billings will exceed Attorney’s initial estimate of anticipated legal costs and fees, Attorney shall immediately notify City thereof in advance and shall submit a revised written estimate for City’s approval.
3. Reporting.
a. Attorney shall provide City with a preliminary status report and evaluation within thirty (30) days of the Effective Date and the assignment of such task which report shall include an evaluation of the total exposure to the City, the liability risk, estimated cost to litigate or settle, and the particular attorneys who will be assigned. In this preliminary report, Attorney shall also make recommendations for discovery and any needed investigation, if any, and provide an estimate of total anticipated legal costs and fees for the handling of this matter. Thereafter, Attorney shall provide a status update to the City Representative, as defined in Section 4, every sixty (60) days on any matter under this Agreement. b. Attorney shall provide to City representative an electronic version of all agreements, pleadings, motions, and discovery documents filed or propounded by Attorney in a Microsoft Word format compatible with that used by the City Attorney’s office.
c. In the event that Attorney’s handling of the above-designated matter exceeds a period of twenty-four (24) months, Attorney shall, in addition to providing regular status reports to City, also report directly to the City representative on an annual basis and no later than March 30th of each year, setting forth in detail the status of the matter, and Attorney’s plan for further handling of the matter, and the estimated length of time to conclude the matter.
DocuSign Envelope ID: A993C6D9-969C-4164-91DF-88E608016EE6 #11..
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City of Modesto and Swingle Van Egmond & Heitlinger
6 4. City Representative. The City Attorney, or the City Attorney’s designee, shall be the “City Representative” under this Agreement and shall administer this Agreement for City, including any payments hereunder. All Attorney questions pertaining to this Agreement shall be referred to the City Representative or the Representative’s designee.
5. Insurance Requirements. During the entire term of this Agreement, Attorney shall maintain the following insurance:
a. Minimum Scope of Insurance: Coverage should be at least as broad as:
i. Insurance Services Office Form No. CG 0001 (Commercial General Liability);
ii. Insurance Services Office Form No. CA 0001 (Ed. 1/87) (Automobile Liability, Code “any auto”);
iii. Workers’ Compensation as required by the Labor Code of the State of California, and Employers’ Liability Insurance:
iv. Professional Liability (Errors and Omissions) insurance against loss due to error, omission or malpractice.
b. Minimum Limits of Insurance: Attorney shall maintain limits no less than:
i. Commercial General Liability: $1,000,000 combined single limit per occurrence, including endorsements for contractual liabilities, broad form property damage and personal injury.
ii. Automobile Liability: $1,000,000 combined single limit per accident for personal injury and property damage arising from owned, hired and nonowned vehicles. iii. Workers’ Compensation and Employers’ Liability: Workers’ compensation limits as required by the Labor Code of the State of California and Employers’ Liability limits of $1,000,000 per accident. iv. Professional Liability (Errors and Omissions): $2,000,000 combined single limit per occurrence.
c. Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. d. Other Insurance Provisions: The policies are to contain, or be endorsed to contain, the following provisions:
DocuSign Envelope ID: A993C6D9-969C-4164-91DF-88E608016EE6 #11..
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City of Modesto and Swingle Van Egmond & Heitlinger
7 i. General Liability and Automobile Liability Coverages:
(1) The General Liability and Automobile Liability policies shall be written on an occurrence form and shall name City, its officers, officials, agents, employees and volunteers as additional insureds.
Such policy(ies) of insurance shall be endorsed so that Attorney’s insurance shall be primary and any insurance or self-insurance maintained by City, its officials, employees or volunteers shall be in excess of Attorney’s insurance and shall not contribute with it. (2) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officials, employees or volunteers.
(3) Coverage shall state that Attorney’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. ii. All Coverages:
(1) Each insurance policy required by this Agreement shall be endorsed to state that coverages shall not be canceled except after thirty (30) days prior written notice has been given to City. In addition, Attorney agrees that it shall not reduce its coverage or limits on any such policy except after thirty (30) days prior written notice has been given to City and City approves the reduction in coverage or limits. Attorney further agrees that it shall not increase any deductibles or self-insured retentions on any such policy except after thirty (30) days prior written notice has been given to City and City approves such increase.
(2) In the event claims made forms are used for any Professional Liability coverage, either (i) the policy(ies) shall be endorsed to provide not less than a five (5) year discovery period, or (ii) the coverage shall be maintained for a minimum of five (5) years following the termination of this Agreement and the requirements of this section relating to such coverage shall survive termination or expiration of this Agreement. Attorney shall furnish City with the certificate(s) and applicable endorsements for ALL required insurance prior to City’s execution of this Agreement.
e. Acceptability of Insurers: Insurance shall be placed with insurers with a Bests’ rating of no less than A:VII. This requirement may, however, be waived in individual cases for Errors and Omissions Coverages only; provided, however, DocuSign Envelope ID: A993C6D9-969C-4164-91DF-88E608016EE6 #11..
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8 that in no event shall a carrier with a rating below B:IX be acceptable. f. Verification of Coverage: Attorney shall furnish City with certificates of insurance showing compliance with the above requirements and with original endorsements affecting all coverages required by this Agreement both prior to the execution of this Agreement, and during the pendency of this Agreement at any time upon request by City. The certificates and/or endorsements shall set forth a valid policy number for City, and shall indicate the Issue Date, Effective Date and Expiration Date. The certificates and endorsements for each insurance policy shall be signed by a person authorized by the insurer to bind coverage on its behalf. The certificates and endorsements shall be forwarded to the City Representative.
g. Payment Withhold: City shall withhold payments to Attorney if the certificates of insurance and endorsements required in this section are canceled or Attorney otherwise ceases to be insured as required herein.
6. Indemnification.
a. Indemnity: Attorney shall fully indemnify and save harmless, City, its officers and employees, including without limitation the City Attorney, and each and every one of them, from and against all actions, damages, costs, liability, claims, losses, judgments, penalties and expenses of every type and description, including, but not limited to, any fees and/or costs reasonably incurred by City’s staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Liabilities”), to which any or all of them may be subjected, to the extent such Liabilities are caused by or result from any negligent act or omission or willful misconduct of Attorney, its subcontractors or agents, and their respective officers and employees, in connection with the performance or nonperformance of this Agreement, whether or not the City, its officers or employees reviewed, accepted or approved any service or work product performed or provided by the Attorney, and whether or not such Liabilities are litigated, settled or reduced to judgment. b. Obligation to Defend: Attorney shall, upon City’s request, defend at Attorney’s sole cost any action, claim, suit, cause of action or portion thereof which asserts or alleges Liabilities to the extent such Liabilities are caused by or result from any negligent act or omission or willful misconduct of Attorney, its sub-attorneys, subcontractors or agents, and their respective officers and employees, in connection with the performance or nonperformance of this Agreement, whether such action, claim, suit, cause of action or portion thereof is well founded or not. c. Insurance Policies; Intellectual Property Claims: The existence or acceptance by City of any of the insurance policies or coverages described in this Agreement DocuSign Envelope ID: A993C6D9-969C-4164-91DF-88E608016EE6 #11..
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Legal Services Agreement
City of Modesto and Swingle Van Egmond & Heitlinger
9 shall not affect or limit any of City’s rights under this section, nor shall the limits of such insurance limit the liability of Attorney hereunder. This section shall not apply to any intellectual property claims, actions, lawsuits or other proceedings subject to the provisions of Section 4 (Confidentiality of City Information) above.
The provisions of this section shall survive any expiration or termination of this Agreement.
7. Termination.
a. By City. City may terminate this Agreement at any time by written notice. After receiving such notice, Attorney will cease providing services. Attorney will cooperate with City in the orderly transfer of all related files and records to your new counsel.
b. By Attorney. Attorney may terminate this Agreement at any time with City’s consent or for good cause. Attorney may terminate this Agreement for any reason by giving to City Attorney not less than thirty (30) days prior written notice of termination. The notice shall specify the effective date of and reason for the termination. Good cause exists if (a) any statement is not paid within ninety (90) days of its receipt; (b) City fails to meet any other obligation under this Agreement and continues in that failure for 15 days after Attorney sends written notice to City; (c) City has misrepresented or failed to disclose material facts to Attorney, refused to cooperate with Attorney, refused to follow Attorney’s advice on a material matter, or otherwise made Attorney’s representation unreasonably difficult; or (d) any other circumstance exists in which ethical rules of the legal profession mandate or permit termination, including situations where a conflict of interest arises. If Attorney terminates Services, City agree to execute a substitution of attorneys promptly and otherwise cooperate in effecting that termination.
Termination of this Agreement, whether by City or by Attorney, will not relieve the obligation to pay for services rendered and costs incurred before our services formally ceased.
8. General Provisions.
a. Independent Contractor.
i. It is understood and agreed that Attorney (including Attorney’s employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto for any purpose whatsoever. Neither Attorney nor Attorney’s assigned personnel shall be entitled to any benefits payable to employees of City. City is not required to make any deductions or withholdings from the compensation payable to Attorney under the DocuSign Envelope ID: A993C6D9-969C-4164-91DF-88E608016EE6 #11..
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Legal Services Agreement
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10 provisions of this Agreement, and Attorney shall be issued an IRS Form 1099 for its services hereunder. As an independent contractor, Attorney hereby agrees to indemnify and hold City harmless from any and all claims that may be made against City based upon any contention by any of Attorney’s employees or by any third party, including but not limited to any state or federal agency, that an employer-employee relationship or a substitute therefor exists for any purpose whatsoever by reason of this Agreement or by reason of the nature and/or performance of any Services under this Agreement.
ii. It is further understood and agreed by the Parties hereto that Attorney, in the performance of its obligations hereunder, is subject to the control and direction of City as to the designation of tasks to be performed and the results to be accomplished by the Services agreed to be rendered and performed under this Agreement, but not as to the means, methods, or sequence used by Attorney for accomplishing such results. To the extent that Attorney obtains permission to, and does, use City facilities, space, equipment or support services in the performance of this Agreement, this use shall be at the Attorney’s sole discretion based on the Attorney’s determination that such use will promote Attorney’s efficiency and effectiveness. Except as may be specifically provided elsewhere in this Agreement, the City does not require that Attorney use City facilities, equipment or support services or work in City locations in the performance of this Agreement.
iii. If, in the performance of this Agreement, any third persons are employed by Attorney, such persons shall be entirely and exclusively under the direction, supervision, and control of Attorney. Except as may be specifically provided elsewhere in this Agreement, all terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging, or any other terms of employment or requirements of law, shall be determined by Attorney. It is further understood and agreed that Attorney shall issue W-2 or 1099 Forms for income and employment tax purposes, for all of Attorney’s assigned personnel and subcontractors. b. Licenses; Permits, Etc.: Attorney represents and warrants that Attorney has all licenses, permits, City Business Operations Tax Certificate, qualifications, and approvals of whatsoever nature which are legally required for Attorney to practice its profession or provide any services under the Agreement. _____________
Attorney’s Initial
Attorney represents and warrants that Attorney shall, at its sole cost and expense, DocuSign Envelope ID: A993C6D9-969C-4164-91DF-88E608016EE6 #11..
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Legal Services Agreement
City of Modesto and Swingle Van Egmond & Heitlinger
11 keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Attorney to practice its profession or provide such Services. Without limiting the generality of the foregoing, if Attorney is an out-of-state corporation, Attorney warrants and represents that it possesses a valid certificate of qualification to transact business in the State of California issued by the California Secretary of State pursuant to Section 2105 of the California Corporations Code.
c. Conflicts of Interest. Attorney represents and warrants that they have made a diligent effort to determine whether there are any actual or potential conflicts of interest that would preclude or interfere with Attorney’s performance of this Agreement, and that no such conflict of interest exists. Attorney shall indemnify and hold harmless City from and against any and all liability, loss, expense and obligation arising directly or indirectly out of any breach of the foregoing representation and warranty. Attorney agrees to avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City at all times during the performance of this Agreement.
d. Confidentiality of City Information. Attorney understands and agrees that during the course performing the services required by this Agreement, or in contemplation thereof, Attorney may have access to private or confidential information which may be owned or controlled by City and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City. Attorney agree that all information disclosed by City to Attorney shall be held in confidence and used only in performance of the services required by this Agreement. A violation of this section shall be a material violation of this Agreement and shall justify legal and/or equitable relief. e. Publicity. The City Representative shall serve as the point of contact for press information regarding all matters pertaining to Services performed by Attorney under this Agreement. Attorney will consult with and obtain approval of the City Representative before making any statement to any media outlet (whether radio, print, internet or television) about the Services.
f. Disqualification of Judges. At the option of the City Attorney, judges may be disqualified from hearing City litigation, and Attorney shall adhere to such decision of the City Attorney. In the event that Attorney is of the opinion that a judge ought to be disqualified, the City Attorney must be consulted in advance by Attorney, and Attorney must obtain the City Attorney’s written consent to such disqualification.
g. Equal Employment Opportunity. During the performance of this Agreement, Attorney, for itself, its assignees and successors in interest, agrees as follows:
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Legal Services Agreement
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12 i. Compliance With Regulations: Attorney shall comply with the Executive Order 11246 entitled “Equal Opportunity in Federal Employment”, as amended by Executive Order 11375 and 12086, and as supplemented in Department of Labor regulations (41 CFR Chapter 60), hereinafter collectively referred to as the “Regulations.”
ii. Nondiscrimination: Attorney, with regards to the work performed pursuant to this Agreement, shall not discriminate on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation in selection and retention of subcontractors, including procurement of materials and leases of equipment. Attorney shall not participate either directly or indirectly in discrimination prohibited by the Regulations.
h. Severability. If any portion of this Agreement or the application thereof to any person or circumstance shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law.
i. Waiver. Neither City acceptance of, or payment for, any Service or Additional Service performed by Attorney, nor any waiver by either Party of any default, breach or condition precedent, shall be construed as a waiver of any provision of this Agreement, nor as a waiver of any other default, breach or condition precedent or any other right hereunder.
j. Enforcement of Agreement. This Agreement shall be governed, construed and enforced in accordance with the laws of the State of California. Venue of any litigation arising out of or connected with this Agreement shall lie exclusively in the state trial court or Federal District Court located in Stanislaus County in the State of California, and the Parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.
k. Attorneys’ Fees. In any action to enforce the terms of this Agreement, the prevailing Party shall recover its reasonable attorneys' fees. l. Assignment Prohibited. The expertise and experience of Attorney are material considerations for this Agreement. City has a strong interest in the qualifications and capability of the persons and entities who will fulfill the obligations imposed on Attorney under this Agreement. In recognition of this interest, Attorney shall not assign any right or obligation pursuant to this Agreement without the written consent of the City. Any attempted or purported assignment without City’s written consent shall be void and of no effect.
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13 m. Notice. Any notice, demand, request, consent, approval, communication either Party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this section.
To: City of Modesto: To: Attorney:
Attention: City Attorney Attention: Bradley J. Swingle
1010 Tenth Street, 6th Floor
Modesto, CA 95353
1207 I Street
Modesto, CA 95353
Phone: (209) 577-5288
Fax: (209) 544-8260
Phone: (209) 522-2211
Fax: (209) 522-2980
9. Entire Agreement. This document, including all Exhibits, contains the entire agreement between the Parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. No alteration to the terms of this Agreement shall be valid unless approved in writing by Attorney, and by City, in accordance with applicable provision of the Modesto City Code.
10. Authority. The person signing this Agreement for Attorney hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Attorney and to bind Attorney to the performance of its obligations hereunder.
11. Exhibits. All exhibits referred to herein are attached hereto and are by this reference incorporated as if set forth fully herein.
[Signatures on Next Page.]
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Legal Services Agreement
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14 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below.
CITY OF MODESTO,
A Municipal Corporation
By:___________________________________
Print name: Joseph P. Lopez
Title: City Manager
APPROVED TO AS FORM:
_____________________________________
Jose M. Sanchez, City Attorney
ATTEST:
____________________________________
Diane Nayares-Perez, City Clerk
_______________________________
Joe Rodriguez, Risk Manager
[Signatures Continued on Next Page.]
DocuSign Envelope ID: A993C6D9-969C-4164-91DF-88E608016EE6 6/20/2023
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Legal Services Agreement
City of Modesto and Swingle Van Egmond & Heitlinger
15 ATTORNEY:
SWINGLE, VAN EGMOND & HEITLINGER
a Professional Corporation
______________________________________
______________________________________
Federal I.D. No.
______________________________________
State I.D. No.
______________________________________
City of Modesto Business Op. Tax Cert. No.
TYPE OF BUSINESS ENTITY (check one):
_____ Individual/Sole Proprietor
_____ Partnership
_____ Corporation
_____ Limited Liability Company
_____ Other (please specify: ______________)
______________________________________
Signature of Authorized Person
______________________________________
Title
______________________________________
Additional Signature (if required)
______________________________________
Title
DocuSign Envelope ID: A993C6D9-969C-4164-91DF-88E608016EE6 President/CEO
81-4405199
301-8649-8
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THIRD AMENDMENT TO LEGAL SERVICES AGREEMENT
This Third Amendment to the Legal Services (this “Third Amendment”), is made and entered into on 14
th day of May 2024 (“Effective Date”), by and between the CITY OF MODESTO, a California Municipal Corporation (“City”), and RIVERA HEWITT PAUL, LLP (“Attorney”), located at 11341 Gold Express Drive, Suite 160, Gold River, California 95670. City and Attorney are hereinafter collectively referred to as the “Parties,” and singularly as “Party”.
RECITALS
WHEREAS, City and Attorney entered into a Legal Services Agreement (“Agreement”) to provide litigation, trial counsel, legal advice, representation and assistance to City in relation to police matters including use of force and the discharge of a weapon; and WHEREAS, Attorney is specially trained, experienced and competent to perform such services; and
WHEREAS, the public interest, economy and general welfare will be served by the Agreement; and
WHEREAS, City and Attorney desire to amend the Agreement for further service by increasing the previously approved amount of fees from $400,000 to $550,000.
NOW, THEREFORE, it is hereby agreed that the Legal Services Agreement between the City of Modesto and Rivera Hewitt Paul dated April 14, 2021, amended by Resolution No. 2021-439 and Resolution No. 2022-477 is amended as follows:
1. Section 2(a) of Paragraph 2, “Fees and Costs,” Hourly Rates is amended to state as follows:
“The total of all fees paid to Attorney for the performance of all services set forth in Section 1(thereafter the “Service”), and for all authorized Reimbursable Expenses (as defined hereafter), shall not exceed a total sum of five hundred fifty thousand dollars ($550,000).”
2. Entire Agreement. The parties to this Third Amendment understand and agree that except as stated herein all terms and conditions of the original Agreement, dated April 14, 2021, remain in full force and effect to the extent they are not in conflict with this Third Amendment. This document, including all exhibits, contain the entire amendment to the Agreement between the Parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Third Amendment. No alteration to the terms of this Third Amendment shall be valid unless approved in writing by Attorney and by City, in accordance with applicable provision of the Modesto City Code.
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3. Authority. The person signing this Third Amendment for Attorney hereby represents and warrants that he/she is fully authorized to sign this Third Amendment on behalf of Attorney and to bind Attorney to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the Parties have executed this Third Amendment as of the dates stated below.
CITY OF MODESTO,
A Municipal Corporation
By:
Print name: Joseph P. Lopez
Title: City Manager
APPROVED TO AS FORM:
_____________________________________
Jose M. Sanchez, City Attorney
ATTEST:
____________________________________
Diane Nayares-Perez, City Clerk
________________________________
Matthew Braley, Risk Manager
[Signatures Continued on Next Page.]
DocuSign Envelope ID: CD4EBD64-44E3-44E8-97FA-711C88760484 5/28/2024
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ATTORNEY:
RIVERA HEWITT PAUL LLP
______________________________________
______________________________________
Federal I.D. No.
______________________________________
State I.D. No.
______________________________________
City of Modesto Business Op. Tax Cert. No.
TYPE OF BUSINESS ENTITY (check one):
_____ Individual/Sole Proprietor
_____ Partnership
_____ Corporation
_____ Limited Liability Company
_____ Other (please specify: ______________)
______________________________________
Signature of Authorized Person
______________________________________
Title
______________________________________
Additional Signature (if required)
______________________________________
Title
DocuSign Envelope ID: CD4EBD64-44E3-44E8-97FA-711C88760484 Partner
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SECOND AMENDMENT TO LEGAL SERVICES AGREEMENT
This Second Amendment to the Legal Services (this “Second Amendment”), is made and entered into on 13th day of December 2022 (“Effective Date”), by and between the CITY OF MODESTO, a California Municipal Corporation (“City”), and RIVERA HEWITT PAUL, LLP (“Attorney”), located at 11341 Gold Express Drive, Suite 160, Gold River, California 95670. City and Attorney are hereinafter collectively referred to as the “Parties,” and singularly as “Party”.
RECITALS
WHEREAS, City and Attorney entered into a Legal Services Agreement (“Agreement”) to provide litigation, trial counsel, legal advice, representation and assistance to City in relation to police matters including use of force and the discharge of a weapon; and WHEREAS, Attorney is specially trained, experienced and competent to perform such services; and
WHEREAS, the public interest, economy and general welfare will be served by the Agreement; and
WHEREAS, City and Attorney desire to amend the Agreement for further service by increasing the previously approved amount of fees from $145,000 to $400,000.
NOW, THEREFORE, it is hereby agreed that the Legal Services Agreement between the City of Modesto and Rivera Hewitt Paul dated April 14, 2021, and amended by Resolution No. 2021-439 is amended as follows:
1. Section 2(a) of Paragraph 2, “Fees and Costs,” Hourly Rates is amended to state as follows:
“The total of all fees paid to Attorney for the performance of all services set forth in Section 1(thereafter the “Service”), and for all authorized Reimbursable Expenses (as defined hereafter), shall not exceed a total sum of four hundred thousand dollars ($400,000).”
2. Entire Agreement. The parties to this Second Amendment understand and agree that except as stated herein all terms and conditions of the original Agreement, dated April 14, 2021, remain in full force and effect to the extent they are not in conflict with this Second Amendment. This document, including all exhibits, contain the entire amendment to the Agreement between the Parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Second Amendment. No alteration to the terms of this Second Amendment shall be valid unless approved in writing by Attorney and by City, in accordance with applicable provision of the Modesto City Code.
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3. Authority. The person signing this Second Amendment for Attorney hereby represents and warrants that he/she is fully authorized to sign this Second Amendment on behalf of Attorney and to bind Attorney to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the Parties have executed this Second Amendment as of the dates stated below.
CITY OF MODESTO,
A Municipal Corporation
By:
Print name: Joseph P. Lopez
Title: City Manager
APPROVED TO AS FORM:
_____________________________________
Jose M. Sanchez, City Attorney
ATTEST:
____________________________________
Diane Nayares-Perez, City Clerk
________________________________
Christina Alger, Director of Human Resources
[Signatures Continued on Next Page.]
DocuSign Envelope ID: 38EFF020-D237-4124-A9CE-277C4915AC22 12/17/2022
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ATTORNEY:
RIVERA HEWITT PAUL LLP
______________________________________
______________________________________
Federal I.D. No.
______________________________________
State I.D. No.
______________________________________
City of Modesto Business Op. Tax Cert. No.
TYPE OF BUSINESS ENTITY (check one):
_____ Individual/Sole Proprietor
_____ Partnership
_____ Corporation
_____ Limited Liability Company
_____ Other (please specify: ______________)
______________________________________
Signature of Authorized Person
______________________________________
Title
______________________________________
Additional Signature (if required)
______________________________________
Title
DocuSign Envelope ID: 38EFF020-D237-4124-A9CE-277C4915AC22 Partner
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FIRST AMENDMENT TO LEGAL SERVICES AGREEMENT
This First Amendment to the Legal Services (this “First Amendment”), is made and entered into on 9
th day of November 2021 (“Effective Date”), by and between the CITY OF MODESTO, a California Municipal Corporation (“City”), and RIVERA HEWITT PAUL, LLP (“Attorney”), located at 11341 Gold Express Drive, Suite 160, Gold River, California 95670. City and Attorney are hereinafter collectively referred to as the “Parties,” and singularly as “Party”.
RECITALS
WHEREAS, City and Attorney entered into a Legal Services Agreement (“Agreement”) to provide litigation, trial counsel, legal advice, representation and assistance to City in relation to police matters including use of force and the discharge of a weapon; and WHEREAS, Attorney is specially trained, experienced and competent to perform such services; and
WHEREAS, the public interest, economy and general welfare will be served by the Agreement; and
WHEREAS, City and Attorney desire to amend the Agreement for further service by increasing the previously approved amount of fees from $45,000 to $145,000.
NOW, THEREFORE, it is hereby agreed that the Legal Services Agreement between the City of Modesto and Rivera Hewitt Paul dated April 14, 2021, is amended as follows:
1. Section 2(a) of Paragraph 2, “Fees and Costs,” Hourly Rates is amended to state as follows:
“The total of all fees paid to Attorney for the performance of all services set forth in Section 1(thereafter the “Service”), and for all authorized Reimbursable Expenses (as defined hereafter), shall not exceed a total sum of one hundred forty-five thousand dollars ($145,000).”
2. Entire Agreement. The parties to this First Amendment understand and agree that except as stated herein all terms and conditions of the original Agreement, dated April 14, 2021, remain in full force and effect to the extent they are not in conflict with this First Amendment. This document, including all exhibits, contain the entire amendment to the Agreement between the Parties and supersedes whatever oral or written understanding they may have had prior to the execution of this First Amendment. No alteration to the terms of this First Amendment shall be valid unless approved in writing by Attorney and by City, in accordance with applicable provision of the Modesto City Code.
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3. Authority. The person signing this First Amendment for Attorney hereby represents and warrants that he/she is fully authorized to sign this First Amendment on behalf of Attorney and to bind Attorney to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the dates stated below.
CITY OF MODESTO,
A Municipal Corporation
By:
Print name: Joseph P. Lopez
Title: City Manager
APPROVED TO AS FORM:
_____________________________________
Jose M. Sanchez, City Attorney
ATTEST:
____________________________________
Dana Sanchez, Interim City Clerk
[Signatures Continued on Next Page.]
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ATTORNEY:
RIVERA HEWITT PAUL LLP
______________________________________
______________________________________
Federal I.D. No.
______________________________________
State I.D. No.
______________________________________
City of Modesto Business Op. Tax Cert. No.
TYPE OF BUSINESS ENTITY (check one):
_____ Individual/Sole Proprietor
_____ Partnership
_____ Corporation
_____ Limited Liability Company
_____ Other (please specify: ______________)
______________________________________
Signature of Authorized Person
______________________________________
Title
______________________________________
Additional Signature (if required)
______________________________________
Title
DocuSign Envelope ID: BCEC1BAD-98FC-4205-9976-227724CF3D6A Limited Liability Partnership
83-3264520
002019235003
Partner
X
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LEGAL SERVICES AGREEMENT
This Agreement for Legal Services (this "Agreement") is made and entered into on the 14 day of April, 2021 ("Effective Date"), by and between the CITY OF MODESTO, a California Municipal Corporation ("CITY"), located at 1010 Tenth Street, Sixth Floor, Modesto, California 95353 and RIVERA HEWITT PAUL LLP ("Attorney"), located at 11341 Gold Express Drive, Suite 160, Gold River, California 95670. City and Attorney are hereinafter collectively referred to as the "Parties," and singulariy as a "Party."95
RECITALS
WHEREAS, City desires to obtain Attorney's services with respect to providing litigation, trial counsel, legal advice, representation and assistance to City in relation to police matter including use offeree and the discharge of a weapon; and WHEREAS, Attorney is specially trained, experienced and competent to perform such services; and WHEREAS, the public interest, economy and general welfare will be served by this Agreement.
NOW, THEREFORE it is hereby agreed as follows:
1. Services.
a. Scope of Work: Subject to the terms and conditions set forth in this Agreement, Attorney shall provide to City the following services ("Services"):
Perform such work that may be necessary and reasonable in relation to police matters including use of force and the discharge of a weapon; including but not limited to: trial counsel, discovery, pleadings, securing and working with experts, and participating in any pretrial negotiations.
Attorney shall not be compensated for services outside the scope of work identified under this Section unless prior to the commencement of such services: (i) Attorney notifies City and City agrees that such services are outside the scope of work under this Section; (ii) Attorney estimates the additional compensation required for these additional services; and (iii) City, after notice, approves in writing a Supplemental Agreement specifying the additional services and amount of compensation therefor. b. Term: This Agreement shall become effective on the Effective Date, and shall continue in effect until both Parties have ftilly perfonned their respective obligations under this Agreement unless sooner terminated as provided in Section L^^^CLl 0^1 VI^^.? /^; cy' s1l/l./lll^llt
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7. 2. Fees and Costs.
a. Hourly Rates:
Partner:
Senior Associate:Associate:
Paralegal:
$230
$215$200
$115
The total of all fees paid to Attorney for the performance of all services set forth in Section 1 (hereafter the "Services"), and for all authorized Reimbursable Expenses (as defined hereafler), shall not exceed the total sum of forty-five thousand dollars ($45.000). b. Reimbursable Expenses. City shall reimburse Attorney for the actual, reasonable and necessary expense of travel out of the Modcsto inetropolitan area, (including travel to meetings in Modesto), approved in advance, at the IRS rate currently S0.58 per mile). Attorney will not charge City for the cost of telephone calls. Litigation costs and expenses for statutory fees, witness fees, reporters' per diem and stenographic transcriptions, jury fees, and the expenses of sen'ing process shall be advanced by Attorney and reimbursed by City. Expert consultants and witnesses may be retained by Attorney on terms acceptable to City, approved in advance by email or letter by the City Representative (as defined hereafter), in which case City shall reimburse Attorney or pay such consultants or experts directly. c. BiUing:
L Legal billings shall be submitted to City every thirty (30) days unless othen^'ise advised. Bills shall be submitted to:
City Attorney
1010 Tenth Street, Suite 6300
Modesto, CA 95354
U. Each task shall be distinctly and completely identified. In litigation matters, such as this, City wiU not pay invoices that contain block billing. Each billing cntr>' must contain the initials of the individual performing the task, the nature of the task, the date it was perfonned, and the length of i-egai services Agreemeni
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time it took.
iii. Costs under $ 1 ,000.00 shall be paid by Attorney and submitted with their normal billing.iv. City reserves the right to audit all invoices. v. Payments to Attorney shall be made within a reasonable time after receipt of Attorney's invoice, generally within sixty (60) days of receipt. Attorney shall be responsible for supplying all documentation necessary to verify the monthly billings to the satisfaction of City. vi. In addition to the provisions stated elsewhere in this Agreement regarding the payment of fees. billing and budgeting, the following guidelines for billing apply:
(1) City expects each individual working on the matter for which Attorney is retained to have the necessary experience to perform the services required to protect or pursue City's interests in the matter in a cost effective manner, consistent with high professional and ethical standards. (2) City expects Attorney to select the individual most suitable for the task required and the specific needs of the matter, and to use the maximum efficiencies available. Billings for services performed by the inappropriate level of personnel will be reduced by City based on rate adjustments for the appropriate level of personnel. (3) City will not pay for umiccessary review of texts. codes, rules of court, or other fundamental references. City will pay the hourly rate for specific legal research which is unique to the matter, assuming that Attorney has used maximum efficiencies and that Attorney has not already recently performed research in the same or very similar areas of law. (4) City acknowledges the benefit of communications between attorneys in the firm. City does. however, expect that intra-officc conferences will only be held as needed, and will be kept to a minimum. Intra-office conferences shall be for the purpose of discussing strategy and legal issues which directly further the matter. City will not pay for conferences which are supervisorial, instructional or administrative. Any invoice which lists an intra- office conference that does not meet these guidelines must contain a full explanation and is subject to reduction by City. City will not pay for "team meetings" and City will scrutinize all intra-oflfice L-cgai ocrviiics ngicciiiciit
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Jt
conferences for "value added" to the matter by the conference, for the number of individuals attending the conference, the length of the conference, the subjects discussed at the conference and who participated in it, and will, in City's sole discretion, determine if such value has been added. (5) City will not pay for local telephone calls, incoming facsimiles, postage, time spent on filing, calendaring, indexing pleadings, conferences with Clerks of court or court reporters, proofreading, re-drafting due to substandard work, or opening, organizing or closing files. City will not pay for time billed by summer interns or associates, time for more than one individual to attend a trial, hearing, court appearance, arbitration, mediation, deposition, third party meeting, conference call or similar event, unless otherwise approved by City in advance. (6) Vague billing which does not contain sufficient information to allow City's reviewer of the invoice to determine the nature of the task, the reason for the task, and the individual performing the task is subject to reduction by City. (7) City will not reimburse for overtime, word processing, supplies, anything identified on an invoice as "miscellaneous," or any other unidentified charges. d. Budget:
i. Within ten (10) days of the Effective Date, Attorney shall provide City with a proposed budget for the Services to be rendered pursuant to this Agreement. If Services involve tasks that have not yet been assigned by City, Attorney shall provide City with a proposed budget for all assigned new tasks with ten ( 10) days of receiving vvTitten notice from the City assigning Attorney the new task. Total compensation for all tasks under this Agreement shall not exceed the total compensation under Section 2 of this Agreement. The budget shall include all projected fees and costs to be incurred by Attorney and necessary for completion of the Services necessary to conclude the rqiresentation. The budget shall be a good faith estimate and shall be as complete and detailed as reasonable possible, including such things as discover)' and motions for trial, prq?aration of documents for transactional services, and anticipated research and investigations. The proposed budget shall identify the projected total hours that will be billed to each task, and the individual that are anticipated to be performing the task. Any deviation from the budget in excess often percent (10%), must be approved in advance by the City Attorney or designee. Notwithstanding the foregoing, Should it become L-cgai .scrvifc'cs ngrcciiiciii
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3. Reporting.
reasonably apparent to Attorney that the actual billings will exceed Anomey's initial estimate of anticipated legal costs and fees. Attorney shall immediately notify City thereof in advance and shall submit a revised written estimate for City's approval. a. Attorney shall provide City with a preliminary status report and evaluation within thirty (30) days of the EfFective Date and the assignment of such task which report shall include an evaluation of the likelihood the City will prevail, the total exposure to the City if it loses, major strengths and weaknesses in the City's defense, and a budget of the anticipated total costs and fees for Attorney and experts through trial. Thereafter, Attorney shall provide a status update to the City representative, as defined in Section 4, every sixty (60) days on any matter under this Agreement. b. Attorney shall provide to City representative an electronic version of all agreement, pleadings, motions, and discovery documents filed or propounded by Attorney in a Microsoft Word format compatible with that used by the City Anomey's office. c. In the event that Attorney's handling of the above-designated matter exceeds a period oftwcnty-four (24) months, Attorney shall, in addition to providing regular status rqwrts to City, also rqwrt directly to the City representative on an annual basis and no later than March 30th of each year, setting fonh in detail the status of the matter, and Attorney's plan for further handling of the matter, and the estimated length of time to conclude the matter.
4. City Representative. The City Attorney, or the City Attorney's designee, shall be the "City Rqpresentativc" under this Agreement and shall administer this Agreement for City, including any payments hereunder. All Attorney questions pertaining to this Agreement shall be referred to the City Representative or the Representative's designee.
5. Insurance Requirements. During the entire term of this Agreement, Attorney shall maintaui the following insurance:
a. Minimum Scope of Insurance: Coverage should be at least as broad as:
i. Insurance Services Office Form No. CG 0001 (Commercial General Liability); U. Insurance Services Office Form No. CA 0001 (Ed. 1/87) (Automobile Liability. Code "any auto");iU. Workers' Compensation as required by the Labor Code of the State of Legal services Agreemenr
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California, and Employers' Liability Insurance:
iv. Professional Liability (Errors and Omissions) insurance against loss due to error, omission or malpractice. b. Minimum Limits of Insurance: Attorney shalt maintain limits no less than:
i. Commercial General Liability': S 1,000,000 combined single limit per occurrence, including endorsements for contractual liabilities, broad form property damage and personal injury. ti. Automobile Liability: $1,000,000 combined single limit per accident for personal injury and property damage arising from owned, hired and non- owned vehicles. iii. Workers' Compensation and Employers' Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers' I.iability limits of $1,000.000 per accident. iv. Professional Liability (Errors and Omissions): $2,000,000 combined single limit per occurrence. c. Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. d. Other Insurance Provisions: The policies are to contain, or be endorsed to contain, the following provisions:
i. General Liability and Automobile Liability Coverages:
(1) The Ueneral Liability and Automobile Liability policies shall be whtten on an occurrence form and shall name City, its officers, officials, agents, employees and volunteers as additional insureds. Such policy(ies) of insurance shall be endorsed so that Attorneys insurance shall be primary and any insurance or self-insurance maintained by City, its officials. employees or volunteers shall be in excess ofAtlomcy''s insuraiicc and shall not contribute with it. (2) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officials, employees or volunteers. (3) Coverage shall state that Attorney's insurance shall apply sqiarately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. i^cgai >'»<;r\'i(;cs /vgTccmaui
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ii. All Coverages:
6. (1) Each insurance policy required by this Agreement shall be endorsed to state that coverages shall not be canceled except after thiny (30) days prior written notice has been given to City. In addition. Attorney agrees that it shall not reduce its coverage or limits on any such policy excqit after thirty (30) days prior written notice has been given to City and City approves the reduction in coverage or limits. Attorney further agrees that it shall not increase any deductibles or self-insured retentions on any such policy except after thirty (30) days prior written notice has b<x'n given to City and City approves such increase. (2) In the event claims made forms are used for any Professional Liability coverage, either (i) the policy(ies) shall be endorsed to provide not less than a five (5) year discovery period, or (ii) the coverage shall be maintained for a minimum of five (5) years following the tennination of this Agreement and the requirements of this section relating to such coverage shall survive termination or expiration of this Agreement. Attorney shall famish City with the certificates) and applicable endorsements for ALL required insurance prior to City's execution of this Agreement. e. Acceptability of Insurers: Insurance shall be placed with insurers with a Bests' rating of no less than A:VII. This requirement may, however, be waived m individual cases for Errors and Omissions Coverages only; provided, however, that in no event shall a carrier with a rating below B:IX be acceptable. f. Verification of Coverage: Attorney shall furnish City with certificates of insurance showing compliance with the above requirements and with original endorsements affecting all coverages required by this Agreement both prior to the execution of this Agreement, and during the pendency of this Agreement at any time upon request by City. The certificates and''or endorsements shall set forth a valid policy number for City, and shall indicate the Issue Date, Effective Date and Expiration Date. The certificates and endorsements fur each insurance policy shall be signed by a person authorized by the insurer to bind coverage on its behalf. The certificate and endorsements shall be forwarded to the City Rqircsentative. g. Payment Withhold: City shall withhold payments to Attorney if the certificates of insurance and endorsements required in this section are canceled or Attorney othen-vise ceases to be insured as required herein.
Indemnification.
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7. a. Indemnity: Attorney shall fully indemnify and save harmless, City, its officers and employees, including without limitation the City Attorney, and each and every one of them, from and against all actions, damages, costs, liability, claims, losses, judgments, penalties and expenses of every type and description, including, but not limited to, any fees and/or costs reasonably incurred by City's staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as "Liabilities"), to which any or all of them may be subjected, to the extent such IJabilities are caused by or result from any negligent act or omission or willful misconduct of Attorney, its subcontractors or agents, and their respective officers and employees, in connection with the performance or nonperformancc of this Agreement, whether or not the City, its officers or employees reviewed, accepted or approved any service or work product performed or provided by the Attorney, and whether or not such l.iabilities are litigated, settled or reduced to judgment. b. Obligation to Defend: Attorney shall, upon City's request, defend at Attorney's sole cost any action, claim. suit, cause of action or portion thereof which asserts or alleges Liabilities to the extent such Liabilities are caused by or result from any negligent act or omission or willful misconduct of Attorney, its sub-attomeys, subcontractors or agents, and their respective officers and employees, in connection with the performance or nonperformance of this Agreement, whether such action, claim, suit, cause of action or portion thereof is well founded or not. c. Insurance Policies; Intellectual Property Claims: The existence or acceptance by City of any of the insurance policies or coverages described in this Agreement shall not affect or limit any of City's rights under this section, nor shall the limits of such insurance limit the liability of Attorney hereunder. This section shall not apply to any intellectual property claims, actions, lawsuits or other proceedings subject to the provisions of Section 4 (Confidentiality of City Information) above. The provisions of this section shall sun'ive any expiration or termination of this Agreement.
Termination.
a. By City. City may tenninate this Agreement at any time by written notice. After receiving such notice. Attorney will cease providing sen'ices. Attorney will cooperate with City in the orderly transfer of all related files and records to your new counsel. b. By Attorney. Attorney may terminate this Agreement at any time with City's consent or for good cause. Anomey may terminate this Agreement for any reason by giving to City Attorney not less than sixty (60) days prior written notice of termination. The notice shall specify the effective date of and reason for the termination. Good cause exists if (a) any statement is not paid within ninety (90) days of its receipt; (b) City fails to meet any other obligation under this l.^cgai jvi viix;s "igicciiiciii
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Agreement and continues in that failure for 15 days after Attorney sends written notice to City; (c) City has misrepresented or tailed to disclose material facts to Attorney, retuscd to cooperate with Attorney, refused to follow Attorney's ad vice on a material matter, or otherwise made Attorney's representation unreasonably diflFicult; or (d) any other circumstance exists in which ethical rules of the legal profession mandate or permit termination, including situations where a conflict of interest arises. If Attorney terminates Services, City agree to execute a substitution of attorneys promptly and otherwise cooperate in effecting that termination.
Termination of this Agreement, whether by City or by Attorney, will not relieve the obligation to pay for services rendered and costs incurred before our services fonnally ceased.
8. General Provisions.
a. Independent Contractor.
i. It is understood and agreed that Attorney (including Attorney's employees) is an independent contractor and that no relationship of employer-employee exists between the Panics hereto for any purpose whatsoever. Neither Attorney nor Attumey's assigned personnel shall be entitled to any benefits payable to employees of City. City is not required to make any deductions or withholdings from the compensation payable to Attorney under the provisions of this Agrceinent, and Attorney shall be issued an IRS Form 1099 for its services hereunder. As an independent contractor. Attorney hereby agrees to indemnify and hold City hannless from any and all claims that may be made against City based upon any contention by any of Attorney's employees or by any third party, including but not limited to any state or federal agency, that an employer- employee relationship or a substitute therefor exists for any purpose whatsoever by reason of this Agreement or by reason of the nature and/or perfonnance of any Services under this Agreement. ii. It is further understood and agre<xl by the Parties hereto that Attorney, in the performance of its obligations hereunder, is subject to the control and direction of City as to the designation of tasks to be performed and the results to be accomplished by the Sen'ices agreed to be rendered and performed under this Agreement, but not as to the means. methods, or sequence used by Attorney for accomplishing such results. To the extent that Attorney obtains pemiission to, and does. use City facilities, space, equipment or support services in the performance of this Agreement, this use shall be at the Anomey's sole discretion based on the Attorney's determination that such use will promote Anomey's efficiency and effectiveness. Except as may be specifically provided elsewhere in this jucgai aervices /\grccinciii
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b.
c.
d.
Agreement, the City does not require that Attorney use City facilities, equipment or support services or work in City locations in the perfonnance of this Agreement. iii. If, in the performance of this Agreement, any third persons are employed by Attorney, such persons shall be entirely and exclusively under the direction, supervision, and control of Attorney. Except as may be specifically provided elsewhere in this Agreement, all temis of einployment, including hours, wages, working conditions, discipline, hiring, and discharging, or any other tcnns of employment or requirements of law, shall be determined by Attorney. It is further understood and agreed that Attorney shall issue W-2 or 1099 Forms for income and employment tax purposes, for all of Anomey's assigned personnel and subcontractors.
Licenses; Permits, Etc.: Attorney rq?resents and warrants that Attorney has all licenses, permits. City Business Operations Tax Certificate, qualifications, and approvals of whatsoever nature which are legally required for Attorney to practice its profession qr prgyi4e any services under the Agreement.
Ay^mey's Initial
Anomcy represents and warrants that Attorney shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, pemiits, and approvals which are legally required for Attorney to practice its profession or provide such Services. Without limiting the generality of the foregoing, if Attorney is an out-of-state corporation. Attorney warrants and represents that it possesses a valid certificate uf qualification to transact business in the Slate of California issued by the California Secretary of Slate pursuant to Section 2105 of the California Corporations Code.
Conflicts of Interest. Attorney represents and warrants that they have made a diligent effort tn determine whether there are any actual or potential conflicts of interest that would preclude or interfere with Attorneys performance of this Agreement, and that no such conflict of interest exists. Attorney shall indemnify and hold harmless City from and against any and all liability, loss, expense and obligation arising directly or indirectly out of any breach of the foregoing representation and warranty. Attorney agrees to avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City at all times during the performance of this Agreement.
Confidentiality of City Information. Attorney understands and agrees that during the course performing the services required by this Agreement, or in contemplation thereof, Attorney may have access to private or confidential i^egai services Agreemeni
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c.
f.
g.
h.
I.
intbnnation which may be owned or controlled by City and that such infonnation may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City. Attorney agree that all infonnation disclosed by City to Attorney shall be held in confidence and used only in performance of the services required by this Agreement. A violation of this section shall be a material violation of this Agreement and shall justify legal and/or equitable relief.
Publicity. 'I'he City Representative shall serve as the point of contact for press information regarding all matters performed by Attorney under this Agreement. If any publicity is generated by the subject matter of this representation, Attorney will consult with and obtain approval of the City Rqiresentative before making any statement to any media outlet (whether radio, print, internet or television) about the content and timing of such statement.
Disqualification of Judges. At the option of the City Attorney, judges may be disqualified from heanng City litigation, and Attorney shall adhere to such decision of the City Attorney. In the event that Attorney is of the opinion that a judge ought to be disqualified, the City Attorney must be consulted in advance by Attorney, and Attorney must obtain the City Attorney's written consent to such disqualification.
Equal Employment Opportunity, [hiring the perfonnance of this Agreement, Attorney, for itself, its assignees and successors in interest, agrees as follows:
i. Compliance With Regulations: Attorney shall comply with the Executive Order 11246 entitled "Equal Opportunity in Federal Employment", as amended by Executive Order 11375 and 12086, and as supplemented in Department of Labor regulations (41 CFR Chapter 60). hereinafter collectively referred to as the "Regulations.''"-t* ii. Nondiscrimination: Attorney, with regards to the work perfonned pursuant to this Agreement, shall not discriminate on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation in selection and retention of subcontractors, including procurement of materials and leases of equipment. Attorney shall not participate either directly or indirectly in discrimination prohibited by the Regulations.
Severability. If any portion of this Agreement or the application thereof to any person or circumstance shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law.
Waiver. Neither City acceptance of, or payment for, any Service or Additional Service perfumicd by Attorney, nor any waiver by either Party of any default, L-egai ^crvit^s /iLgrceiiivni
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j.
k.
I.
breach or condition precedent, shall be construed as a waiver of any provision of this Agreement, nor as a waiver of any other default, breach or condition precedent or any other right hcreunder.
Enforcement of Agreement This Agreement shall be governed, construed and enforced in accordance with the laws of the State of California. Venue of any litigation arising out of or connected with this Agreement shall lie exclusively in the state trial court or Federal District Court located in Stanislaus County in the State of California, and the Parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.
Attorneys' Fees. In any action to enforce the terms of this Agreement, the prevailing Party shall recover its reasonable attorneys' fees.
Assignment Prohibited. The expertise and experience of Attorney are material considerations for this Agreement. City has a strong interest in the qualifications and capability of the persons and entities who will fulfill the obligations imposed on Attorney under this Agreement. In recognition of this interest, Attorney shall not assign any right or obligation pursuant to this Agreement without the wTitten consent of the City. Any attempted or purported assignment without City's written consent shall be void and of no effect.
Notice. Any notice, demand, request. consent, approval, communication either Party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prq?aid, first-class mail to the address set forth below. Either Party may change its address by notifying the other Party of the change of address in writing. Notice shall be deemed communicated fony-eight (48) hours from the time of mailing if mailed as provided in this section.
To: City of.Modesto:
Attention: City Attorney
Contact Information:
1010 Tenth Street, 6tb Floor
Modcsto, CA 95353
Phone: (209) 577-5288
To: Attorney:
Attention; Jonathan Paul
Contact Information:
11341 Gold Express Drive,
Suite 160
Gold River, CA 95670
Phone:916-922-1200
9. Entire Agreement. This document, including all Exhibits, contains the entire agreement between the Parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. No alteration to the terms of this Agreement shall be valid unless approved in writing by Attorney, and by City, in accordance with applicable provision of the Modesto City Code. i^cgai OCT viucs /-vgivciiiciii
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10. Authority. The person signing this Agreement for Attorney hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Attorney and to bind Attorney to the performance of its obligations hereundcr.
11. Exhibits. All exhibits referred to herein are attached hereto and are by this reference incorporated as if set forth fully herein.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below.
CITY OF MODESTO,
A Municipal Corporation
Print n^il?e:^Joseph P. €^^2
Title: City Manager
APPROVED TO AS FORM:
<se M. Sanchez. City Attorney
ATI'EST:
St^phani^LopezTcTty Clerk ^^V V..
/•
-L
Jil^ Smith, Risk Manager
[Signatures Continued on Next Pagc.J
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A110RNEY:
RIVERA HEWITT PALL LLP
f7-j^^^r^^
Federal I.D. No.
0^.)0''?^^^~n6^
State I.D. No.
City ofModesto Business Op. Tax Cert. No.
TYPE OF BUSFNESS ENTITf (check one):
Individual.'Solc Proprietor
PartnershipCorporation
Limited Liability Company
Other (please specify: L.t—/~ _)
^-^.^) fgnatui^ of Authorized of Authorized Person
/-^c.
Tide
Additional Signature (ifreyuired)
Title
i^^acti o^ivjt^/ca /^Kid/ui^ui c& &It
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FIRST AMENDMENT TO LEGAL SERVICES AGREEMENT
This First Amendment to the Legal Services (this “First Amendment”), is made and entered into on 9
th day of November 2021 (“Effective Date”), by and between the CITY OF MODESTO, a California Municipal Corporation (“City”), and ANGELO, KILDAY & KILDUFF (“Attorney”), located at 601 University Ave., Suite 150, Sacramento, California 95825. City and Attorney are hereinafter collectively referred to as the “Parties,” and singularly as “Party”.
RECITALS
WHEREAS, City and Attorney entered into a Legal Services Agreement (“Agreement”) to provide litigation, trial counsel, legal advice, representation and assistance to City in relation to police matters including use of force and the discharge of a weapon; and WHEREAS, Attorney is specially trained, experienced and competent to perform such services; and
WHEREAS, the public interest, economy and general welfare will be served by the Agreement; and
WHEREAS, City and Attorney desire to amend the Agreement for further service by increasing the previously approved amount of fees from $45,000 to $145,000.
NOW, THEREFORE, it is hereby agreed that the Legal Services Agreement between the City of Modesto and Angelo, Kilday & Kilduff dated April 16, 2021, is amended as follows:
1. Section 2(a) of Paragraph 2, “Fees and Costs,” Hourly Rates is amended to state as follows:
“The total of all fees paid to Attorney for the performance of all services set forth in Section 1(thereafter the “Service”), and for all authorized Reimbursable Expenses (as defined hereafter), shall not exceed a total sum of one hundred forty-five thousand dollars ($145,000).”
2. Entire Agreement. The parties to this First Amendment understand and agree that except as stated herein all terms and conditions of the original Agreement, dated April 16, 2021, remain in full force and effect to the extent they are not in conflict with this First Amendment. This document, including all exhibits, contain the entire amendment to the Agreement between the Parties and supersedes whatever oral or written understanding they may have had prior to the execution of this First Amendment. No alteration to the terms of this First Amendment shall be valid unless approved in writing by Attorney and by City, in accordance with applicable provision of the Modesto City Code.
DocuSign Envelope ID: 1D0CA526-C41C-41B5-BA48-D2CD9BDE9EEF #11..
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3. Authority. The person signing this First Amendment for Attorney hereby represents and warrants that he/she is fully authorized to sign this First Amendment on behalf of Attorney and to bind Attorney to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the dates stated below.
CITY OF MODESTO,
A Municipal Corporation
By:
Print name: Joseph P. Lopez
Title: City Manager
APPROVED TO AS FORM:
_____________________________________
Jose M. Sanchez, City Attorney
ATTEST:
____________________________________
Dana Sanchez, Interim City Clerk
[Signatures Continued on Next Page.]
DocuSign Envelope ID: 1D0CA526-C41C-41B5-BA48-D2CD9BDE9EEF 12/2/2021
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ATTORNEY:
ANGELO, KILDAY & KILDUFF
______________________________________
______________________________________
Federal I.D. No.
______________________________________
State I.D. No.
______________________________________
City of Modesto Business Op. Tax Cert. No.
TYPE OF BUSINESS ENTITY (check one):
_____ Individual/Sole Proprietor
_____ Partnership
_____ Corporation
_____ Limited Liability Company
_____ Other (please specify: ______________)
______________________________________
Signature of Authorized Person
______________________________________
Title
______________________________________
Additional Signature (if required)
______________________________________
Title
DocuSign Envelope ID: 1D0CA526-C41C-41B5-BA48-D2CD9BDE9EEF X
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LEGAL SERVICES AGREEMENT
This Agreement for Legal Services (this "Agreement") is made and entered into on the 16 day of April, 2021 ("Effective Date"), by and between the CITY OF MODESTO, a California Municipal Corporation ("CITY"), located at 1010 Tenth Street, Sixth Floor, Modesto,California 95353 and ANGELO, KILDAY & KILDUFF ("Attorney"), located at 601 University Ave., Suite 150, Sacramento, California 95825. City and Attorney are hereinaftercollectively referred to as the "Parties," and singularly as a "Party."
RECITALS
9?
\
WHEREAS, City desires to obtain Attorney's services with respect to providing litigation, trial counsel, legal advice, representation and assistance to City in relation to policematter including use of force and the discharge of a weapon;and WHEREAS, Attorney is specially trained, experienced and competent to perform such services; and
WHEREAS, the public interest, economy and general welfare will be served by this Agreement.
NOW, THEREFORE it is hereby agreed as follows:
1. Services.
a. Scope of Work: Subject to the terms and conditions set forth in this Agreement, Attorney shall provide to City the following services ("Services"):
Perform such work that may be necessary and reasonable in relation to police matters including use of force and the discharge of a weapon; including but notlimited to: trial counsel, discovery, pleadings, securing and working with experts,and participating in any pretrial negotiations.Attorney shall not be compensated for services outside the scope of work identified under this Section unless prior to the commencement of such services:
(i) Attorney notifies City and City agrees that such services are outside the scopeof work under this Section; (ii) Attorney estimates the additional compensationrequired for these additional services; and (iii) City, after notice, approves inwriting a Supplemental Agreement specifying the additional services and amount of compensation therefor.
b. Term: This Agreement shall become effective on the Effective Date, and shall continue in effect until both Parties have fully performed their respective obligations under this Agreement unless sooner terminated as provided in Section E^gaTSigTtTd^T^gTgemenTCity ofModesto and Angela, Kilday & Kilduff 1 #11..
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7. 2. Fees and Costs.
a. Hourly Rates:
Senior Partner
Partner:
Senior Associate:
Associate:Paralegal:
$250$230$215$200$115
The total of all fees paid to Attorney for the performance of all services set forthin Section 1 (hereafter the "Services"), and for all authorized ReimbursableExpenses (as defined hereafter), shall not exceed the total sum of forty-five thousand dollars ($45,000).
b. Reimbursable Expenses. City shall reimburse Attorney for the actual, reasonable and necessary expense of travel out of the Modesto metropolitan area, (including travel to meetings in Modesto), approved in advance, at the IRS ratecurrently $0.58 per mile). Attorney will not charge City for the cost of telephonecalls. Litigation costs and expenses for statutory fees, witness fees, reporters' perdiem and stenographic transcriptions, jury fees, and the expenses of serving process shall be advanced by Attorney and reimbursed by City. Expert consultants and witnesses may be retained by Attorney on terms acceptable toCity, approved in advance by email or letter by the City Representative (asdefined hereafter), in which case City shall reimburse Attorney or pay suchconsultants or experts directly. c. Billing:
i. Legal billings shall be submitted to City every thirty (30) days imless otherwise advised. Bills shall be submitted to:
City Attorney1010 Tenth Street, Suite 6300
Modesto, CA 95354
ii. Each task shall be distinctly and completely identified. In litigation matters, such as this. City will not pay invoices that contain block billing.
Each billing entry must contain the initials of the individual performing the task, the nature of the task, the date it was performed, and the length of i^egai-5STVK%s AgreenrenT
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time it took.
iii. Costs under $1,000.00 shall be paid by Attorney and submitted with their normal billing.
iv. City reserves the right to audit all invoices.
v. Payments to Attorney shall be made within a reasonable time after receipt of Attorney's invoice, generally within sixty (60) days of receipt.
Attorney shall be responsible for supplying all documentation necessary toverify the monthly billings to the satisfaction of City. vi. In addition to the provisions stated elsewhere in this Agreement regarding the payment of fees, billing and budgeting, the following guidelines forbilling apply:
(1) City expects each individual working on the matter for which Attorney is retained to have the necessary experience to performthe services required to protect or pursue City's interests in thematter in a cost effective manner, consistent with high professionaland ethical standards. (2) City expects Attorney to select the individual most suitable for the task required and the specific needs of the matter, and to use themaximiun efficiencies available. Billings for services performedby the inappropriate level of personnel will be reduced by Citybased on rate adjustments for the appropriate level of personnel. (3) City will not pay for unnecessary review of texts, codes, rules of court, or other fundamental references. City will pay the hourlyrate for specific legal research which is unique to the matter,assuming that Attorney has used maximum efficiencies and thatAttorney has not already recently performed research in the sameor very similar areas of law. (4) City acknowledges the benefit of communications between attorneys in the firm. City does, however, expect that intra-officeconferences will only be held as needed, and will be kept to a minimum. Intra-office conferences shall be for the purpose of discussing strategy and legal issues which directly further thematter. City will not pay for conferences which are supervisorial,instructional or administrative. Any invoice which lists an intraoffice conference that does not meet these guidelines must containa full explanation and is subject to reduction by City. City will notpay for "team meetings" and City will scmtinize all intra-office r.eg~aT~5ervices-73Lgreemenr
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conferences for "value added" to the matter by the conference, for the number of individuals attending the coirference, the length ofthe conference, the subjects discussed at the conference and whoparticipated in it, and will, in City's sole discretion, determine if such value has been added.
(5) City will not pay for local telephone calls, incoming facsimiles, postage, time spent on filing, calendaring, indexing pleadings,conferences with Clerks of court or court reporters, proofreading,re-drafting due to substandard work, or opening, organizing orclosing files. City will not pay for time billed by summer internsor associates, time for more than one individual to attend a trial,hearing, court appearance, arbitration, mediation, deposition, thirdparty meeting, conference call or similar event, unless otherwiseapproved by City in advance. (6) Vague billing which does not contain sufficient information to allow City's reviewer of the invoice to determine the nature of thetask, the reason for the task, and the individual performing the taskis subject to reduction by City. (7) City will not reimburse for overtime, word processing, supplies, anything identified on an invoice as "miscellaneous," or any otherunidentified charges. d. Budget:
. i. Within ten (10) days of the Effective Date, Attorney shall provide City with a proposed budget for the Services to be rendered pursuant to thisAgreement. If Services involve tasks that have not yet been assigned byCity, Attorney shall provide City with a proposed budget for all assignednew tasks with ten (10) days of receiving written notice from the Cityassigning Attorney the new task. Total compensation for all tasks underthis Agreement shall not exceed the total compensation under Section 2 ofthis Agreement. The budget shall include all projected fees and costs to beincurred by Attorney and necessary for completion of the Servicesnecessary to conclude the representation. The budget shall be a goodfaith estimate and shall be as complete and detailed as reasonable possible,including such things as discovery and motions for trial, preparation ofdocuments for transactional services, and anticipated research andinvestigations. The proposed budget shall identify the projected totalhours that will be billed to each task, and the individual that areanticipated to be performing the task. Any deviation from the budget inexcess of ten percent (10%), must be approved in advance by the CityAttorney or designee. Notwithstanding the foregoing. Should it become i^egai iServices'T^LgTeemenT
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3. Reporting.
reasonably apparent to Attorney that the actual billings will exceedAttorney's initial estimate of anticipated legal costs and fees. Attorney shall immediately notify City thereof in advance and shall submit a revised written estimate for City's approval.
a. Attorney shall provide City with a preliminary status report and evaluation within thirty (30) days of the Effective Date and the assignment of such task whichreport shall include an evaluation of the likelihood the City will prevail, the totalexposure to the City if it loses, major strengths and weaknesses in the City'sdefense, and a budget of the anticipated total costs and fees for Attorney and experts through trial. Thereafter, Attorney shall provide a status update to the City representative, as defined in Section 4, every sixty (60) days on any matter underthis Agreement. b. Attorney shall provide to City representative an electronic version of all agreement, pleadings, motions, and discovery documents filed or propounded byAttorney in a Microsoft Word format compatible with that used by the City Attorney's office.
c. In the event that Attorney's handling of the above-designated matter exceeds a period oftwenty-four (24) months. Attorney shall, in addition to providing regular status reports to City, also report directly to the City representative on an annual basis and no later than March 30th of each year, setting forth in detail the status ofthe matter, and Attorney's plan for further handling of the matter, and the estimated length of time to conclude the matter.
4. City Representative. The City Attorney, or the City Attorney's designee, shall be the "City Representative" under this Agreement and shall administer this Agreement forCity, including any payments hereunder. All Attorney questions pertaining to this Agreement shall be referred to the City Representative or the Representative's designee.
5. Insurance Requirements. During the entire term of this Agreement, Attorney shall maintain the following insurance:a. Minimum Scope of Insurance: Coverage should be at least as broad as:
i. Insurance Services Office Form No. CG 0001 (Commercial General Liability);
ii. Insurance Services Office Form No. CA 0001 (Ed. 1/87) (Automobile Liability, Code "any auto");
iii. Workers' Compensation as required by the Labor Code of the State of EegansCTvrcesTz^greemeiTr
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California, and Employers' Liability Insurance:
iv. Professional Liability (Errors and Omissions) insurance against loss due to error, omission or malpractice.
b. Minimum Limits of Insurance: Attorney shall maintain limits no less than:
i. Commercial General Liability: $1,000,000 combined single limit per occurrence, including endorsements for contractual liabilities, broad form property damage and personal injury.
ii. Automobile Liability: $1,000,000 combined single limit per accident for personal injury and property damage arising from owned, hired and nonowned vehicles. iii. Workers' Compensation and Employers' Liability: Workers' compensation limits as required by the Labor Code of the State ofCalifornia and Employers' Liability limits of $1,000,000 per accident. iv. Professional Liability (Errors and Omissions): $2,000,000 combined single limit per occurrence.
c. Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. d. Other Insurance Provisions: The policies are to contain, or be endorsed to contain, the following provisions:i. General Liability and Automobile Liability Coverages:
(1) The General Liability and Automobile Liability policies shall be written on an occurrence form and shall name City, its officers,officials, agents, employees and volunteers as additional insureds.Such policy(ies) of insurance shall be endorsed so that Attorney'sinsurance shall be primary and any insurance or self-insurance maintained by City, its officials, employees or volunteers shall be in excess of Attorney's insurance and shall not contribute with it. (2) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officials, employeesor volunteers. (3) Coverage shall state that Attorney's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
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ii. All Coverages:
6. (1) Each insurance policy required by this Agreement shall be endorsed to state that coverages shall not be canceled except after thirty (30) days prior written notice has been given to City. In addition. Attorney agrees that it shall not reduce its coverage orlimits on any such policy except after thirty (30) days prior writtennotice has been given to City and City approves the reduction incoverage or limits. Attorney further agrees that it shall notincrease any deductibles or self-insured retentions on any suchpolicy except after thirty (30) days prior written notice has beengiven to City and City approves such increase. (2) In the event claims made forms are used for any Professional Liability coverage, either (i) the policy(ies) shall be endorsed toprovide not less than a five (5) year discovery period, or (ii) thecoverage shall be maintained for a minimum of five (5) yearsfollowing the termination of this Agreement and the requirementsof this section relating to such coverage shall survive terminationor expiration of this Agreement. Attorney shall furnish City withthe certificate(s) and applicable endorsements for ALL requiredinsurance prior to City's execution of this Agreement. e. Acceptability of Insurers: Insurance shall be placed with insurers with a Bests' rating of no less than A: VII. This requirement may, however, be waived inindividual cases for Errors and Omissions Coverages only; provided, however,that in no event shall a carrier with a rating below B:IX be acceptable. f. Verification of Coverage: Attorney shall furnish City with certificates of insurance showing compliance with the above requirements and with originalendorsements affecting all coverages required by this Agreement both prior to theexecution of this Agreement, and diiring the pendency of this Agreement at anytime upon request by City. The certificates and/or endorsements shall set forth avalid policy number for City, and shall indicate the Issue Date, Effective Date andExpiration Date. The certificates and endorsements for each insurance policyshall be signed by a person authorized by the insurer to bind coverage on itsbehalf. The certificates and endorsements shall be forwarded to the CityRepresentative. g. Payment Withhold: City shall withhold payments to Attorney if the certificates of insurance and endorsements required in this section are canceled or Attorneyotherwise ceases to be insured as required herein.
Indemnification.
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7. a. Indemnity: Attorney shall fully indemnify and save harmless. City, its officers and employees, including without limitation the City Attorney, and each andevery one of them, from and against all actions, damages, costs, liability, claims,losses, judgments, penalties and expenses of every type and description,including, but not limited to, any fees and/or costs reasonably incurred by City'sstaff attorneys or outside attorneys and any fees and expenses incurred inenforcing this provision (hereafter collectively referred to as "Liabilities"), towhich any or all of them may be subjected, to the extent such Liabilities arecaused by or result from any negligent act or omission or willful misconduct ofAttorney, its subcontractors or agents, and their respective officers andemployees, in connection with the performance or nonperformance of thisAgreement, whether or not the City, its officers or employees reviewed, accepted or approved any service or work product performed or provided by the Attorney,and whether or not such Liabilities are litigated, settled or reduced to judgment. b. Obligation to Defend: Attorney shall, upon City's request, defend at Attorney's sole cost any action, claim, suit, cause of action or portion thereof which asserts or alleges Liabilities to the extent such Liabilities are caused by or result from anynegligent act or omission or willful misconduct of Attorney, its sub-attomeys,subcontractors or agents, and their respective officers and employees, inconnection with the performance or nonperformance of this Agreement, whethersuch action, claim, suit, cause of action or portion thereof is well founded or not. c. Insurance Policies; Intellectual Property Claims: The existence or acceptance by City of any of the insurance policies or coverages described in this Agreementshall not affect or limit any of City's rights under this section, nor shall the limitsof such insurance limit the liability of Attorney hereunder. This section shall notapply to any intellectual property claims, actions, lawsuits or other proceedingssubject to the provisions of Section 4 (Confidentiality of City Information) above.The provisions of this section shall survive any expiration or termination of thisAgreement.
Termination.a. By City. City may terminate this Agreement at any time by written notice. After receiving such notice. Attorney will cease providing services. Attorney willcooperate with City in the orderly transfer of all related files and records to yournew counsel. b. By Attorney. Attorney may terminate this Agreement at any time with City's consent or for good cause. Attorney may tenninate this Agreement for any reason by giving to City Attorney not less than sixty (60) days prior written notice oftennination. The notice shall specify the effective date of and reason for the termination. Good cause exists if (a) any statement is not paid within ninety (90)days of its receipt; (b) City fails to meet any other obligation under this L.egai seryices T^greemeniCity ofModesto and Angela, Kilday & Kilduff #11..
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Agreement and continues in that failure for 15 days after Attorney sends written notice to City; (c) City has misrepresented or failed to disclose material facts to Attorney, refused to cooperate with Attorney, refused to follow Attorney's adviceon a material matter, or otherwise made Attorney's representation unreasonablydifficult; or (d) any other circumstance exists in which ethical rules of the legalprofession mandate or permit termination, including situations where a conflict of interest arises. If Attorney terminates Services, City agree to execute asubstitution of attorneys promptly and otherwise cooperate in effecting that termination.
Termination of this Agreement, whether by City or by Attorney, will not relieve theobligation to pay for services rendered and costs incurred before our services formally ceased.
8. General Provisions.
a. Independent Contractor.
i. It is understood and agreed that Attorney (including Attorney's employees) is an independent contractor and that no relationship ofemployer-employee exists between the Parties hereto for any purposewhatsoever. Neither Attorney nor Attorney's assigned personnel shall beentitled to any benefits payable to employees of City. City is not requiredto make any deductions or withholdings from the compensation payable toAttorney under the provisions of this Agreement, and Attorney shall beissued an IRS Form 1099 for its services hereunder. As an independentcontractor. Attorney hereby agrees to indemnify and hold City harmlessfrom any and all claims that may be made against City based upon anycontention by any of Attorney's employees or by any third party,including but not limited to any state or federal agency, that an employeremployee relationship or a substitute therefor exists for any purpose whatsoever by reason of this Agreement or by reason of the nature and/orperformance of any Services under this Agreement. ii. It is further understood and agreed by the Parties hereto that Attorney, in the performance of its obligations hereunder, is subject to the control anddirection of City as to the designation of tasks to be performed and theresults to be accomplished by the Services agreed to be rendered andperformed under this Agreement, but not as to the means, methods, or sequence used by Attorney for accomplishing such results. To the extent that Attorney obtains permission to, and does, use City facilities, space, equipment or support services in the performance of this Agreement, this use shall be at the Attorney's sole discretion based on the Attorney'sdetermination that such use will promote Attorney's efficiency andeffectiveness. Except as may be specifically provided elsewhere in this E^egm services Agreemeni
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Agreement, the City does not require that Attorney use City facilities, equipment or support services or work in City locations in theperformance of this Agreement. iii. If, in the performance of this Agreement, any third persons are employed by Attorney, such persons shall be entirely and exclusively under thedirection, supervision, and control of Attorney. Except as may be specifically provided elsewhere in this Agreement, all terms ofemployment, including hours, wages, working conditions, discipline, hiring, and discharging, or any other tenns of employment or requirenients of law, shall be determined by Attorney. It is further understood andagreed that Attorney shall issue W-2 or 1099 Forms for income and employment tax purposes, for all of Attorney's assigned personnel andsubcontractors. b. Licenses; Permits, Etc.: Attorney represents and warrants that Attorney has all licenses, permits, City Business Operations Tax Certificate, qualifications, andapprovals of whatsoever nature which are legally required for Attorney to practiceits profession or prqvide any services under the Agreement. '16/c
Attorney's Initial
Attorney represents and warrants that Attorney shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Attorney to practice its profession or provide such Services. Without limiting the generality of the foregoing, if Attorney is an out-of-state coq^oration. Attorney warrants and represents that it possesses a valid certificate of qualification to transact business in the State of California issued by the California Secretary of State pursuant toSection 2105 of the California Corporations Code. c. Conflicts of Interest. Attorney represents and warrants that they have made a diligent effort to determine whether there are any actual or potential conflicts of interest that would preclude or interfere with Attorney's performance of this Agreement, and that no such conflict of interest exists. Attorney shall indemnifyand hold harmless City from and against any and all liability, loss, expense andobligation arising directly or indirectly out of any breach of the foregoingrepresentation and warranty. Attorney agrees to avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City at all times duringthe performance of this Agreement. d. Confidentiality of City Information. Attorney understands and agrees that during the course performing the services required by this Agreement, or incontemplation thereof. Attorney may have access to private or confidential EegaT5CTViros~7^greemem
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e.
f.gh.
i.
information which may be owned or controlled by City and that such informationmay contain proprietary or confidential details, the disclosure of which to third parties may be damaging to City. Attorney agree that all information disclosed by City to Attorney shall be held in confidence and used only in performance of theservices required by this Agreement. A violation of this section shall be a material violation of this Agreement and shall justify legal and/or equitable relief.
Publicity. The City Representative shall serve as the point of contact for pressinformation regarding all matters performed by Attorney under this Agreement.If any publicity is generated by the subject matter of this representation, Attorneywill consult with and obtain approval of the City Representative before makingany statement to any media outlet (whether radio, print, internet or television) about the content and timing of such statement.Disqualification of Judges. At the option of the City Attorney, judges may bedisqualified from hearing City litigation, and Attorney shall adhere to suchdecision of the City Attorney. In the event that Attorney is of the opinion that a judge ought to be disqualified, the City Attorney must be consulted in advance by Attorney, and Attorney must obtain the City Attorney's written consent to suchdisqualification.
Equal Employment Opportunity. During the performance of this Agreement, Attorney, for itself, its assignees and successors in interest, agrees as follows:
i. Compliance With Regulations: Attorney shall comply with the Executive Order 11246 entitled "Equal Opportunity in Federal Employment", as amended by Executive Order 11375 and 12086, and as supplemented in Department of Labor regulations (41 CFR Chapter 60), hereinafter collectively referred to as the "Regulations." 99 ii. Nondiscrimination: Attorney, with regards to the work performed pursuant to this Agreement, shall not discriminate on the ground of race,color, religion, sex, national origin, age, marital status, physical handicapor sexual orientation in selection and retention of subcontractors, includingprocurement of materials and leases of equipment. Attorney shall not participate either directly or indirectly in discrimination prohibited by the Regulations.
Severability. If any portion of this Agreement or the application thereof to any person or circumstance shall be held invalid or unenforceable, the remainder ofthis Agreement shall not be affected thereby and shall be enforced to the greatestextent permitted by law.Waiver. Neither City acceptance of, or payment for, any Service or Additional Service performed by Attorney, nor any waiver by either Party of any default, i^egai services Agreement
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breach or condition precedent, shall be constmed as a waiver of any provision of this Agreement, nor as a waiver of any other default, breach or condition precedent or any other right hereunder.
j. Enforcement of Agreement. This Agreement shall be governed, construed and enforced in accordance with the laws of the State of California. Venue of anylitigation arising out of or connected with this Agreement shall lie exclusively inthe state trial court or Federal District Court located in Stanislaus County in the State of California, and the Parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent toservice of process issued by such courts. k. Attorneys' Fees. In any action to enforce the terms of this Agreement, the prevailing Party shall recover its reasonable attorneys' fees.
1. Assignment Prohibited. The expertise and experience of Attorney are material considerations for this Agreement. City has a strong interest in the qualificationsand capability of the persons and entities who will fulfill the obligations imposedon Attorney under this Agreement. In recognition of this interest, Attorney shallnot assign any right or obligation pursuant to this Agreement without the writtenconsent of the City. Any attempted or purported assignment without City's written consent shall be void and of no effect.Notice. Any notice, demand, request, consent, approval, communication eitherParty desires or is required to give the other party or any other person shall be inwriting and either served personally or sent by prepaid, first-class mail to theaddress set forth below. Either Party may change its address by notifying theother Party of the change of address in writing. Notice shall be deemedcommunicated forty-eight (48) hours from the time of mailing if mailed as provided in this section.
To: CityofModesto:Attention: City AttorneyContact Information:1010 Tenth Street, 6th Floor Modesto, CA 95353Phone: (209) 577-5288
To: Attorney:Attention: Bmce KildayContact Information:
601 University Ave., Suite 150Sacramento, CA 95825
Phone: 916-564-6100
9. Entire Agreement. This document, including all Exhibits, contains the entire agreement between the Parties and supersedes whatever oral or written understanding they may havehad prior to the execution of this Agreement. No alteration to the terms of thisAgreement shall be valid unless approved in writing by Attorney, and by City, inaccordance with applicable provision of the Modesto City Code. cegarservices T'Lgreemem
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10. Authority. The person signing this Agreement for Attorney hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Attorney andto bind Attorney to the performance of its obligations hereunder.
11. Exhibits. All exhibits referred to herein are attached hereto and are by this reference incorporated as if set forth fully herein.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below.
CITY OF MODESTO,
A Municipal Corporation
By:
Pri ie: Joseifl^P-l^opez
Title: City Manager
APPROVED TO AS FORM:
l'6se M. Sanchez, City-A^tom^:
ATTEST:
Ste^ih^iie L(jpez, City Clerk
/
^
Jiles Smithf
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ATTORNEY:
ANGELO, KILDAY & KILDUFF
c?i-)7^9^/^
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4^^)/3^-c?
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TYPE OF BUSINESS ENTITY (check one):
Individual/Sole ProprietorPartnership L-(^ i?
CorporationLimited Liability CompanyOther (please specify: _ _) ^ /•
V^/wV ////
Signature of Authorized Person
Title P^^v^p
Additional Signature (if required)
Title
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ASSIGNMENT AND ASSUMPTION AGREEMENT REGARDING
LEGAL SERVICES AGREEMENT
This Assignment and Assumption Agreement (“Agreement”) is entered into as of July 9, 2024, (the “Effective Date”) by and between Sanders Roberts, LLP (“Assignee”) and the City of Modesto, a California charter city (“City”). Assignee and City may collectively be referred to herein as the “Parties.”
RECITALS
A. City and Lafayette Kumagai, LLP (“Assignor”) previously entered into that certain Legal Services Agreement dated November 5, 2020 (the “Agreement”).
B. Lafayette Kumagai, LLP has merged law firms with Sanders Roberts, LLP.
C. Assignee now wishes to assume all of Assignor’s rights, duties, obligations and liabilities under the Agreement.
D. The City consents to the assignment of the Agreement to Assignee by Assignor, subject to the terms and conditions stated herein.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows:
1. Recitals: The foregoing recitals are hereby incorporated herein in their entirety.
2. Assignment. As of the Assignment Date, Assignee hereby assumes all the obligations and liabilities of Assignor under the Agreement and agrees to be bound by and to perform all of the terms, conditions, and covenants of the Agreement.
3. City’s Consent. The City hereby consents of the assignment of the Agreement from Assignor to Assignee, subject to the terms and conditions of this Agreement.
4. Counterparts. This Assignment may be executed in counterparts, each of which will be deemed an original, and all of which will take together be deemed one document. [Remainder of page intentionally left blank; signature page follows] Docusign Envelope ID: DCBC8A7C-E08E-4A29-8236-1539ECD595A2 #11..
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IN WITNESS WHEREOF, the parties have executed this Assignment to be effective as of the Effective Date first set forth above.
ASSIGNEE:
Sanders Roberts, LLP
By: _____________________
Title: _____________________
CITY
CITY OF MODESTO,
a California charter city
By: _____________________
Joseph Lopez, City Manager
ATTEST:
By: _____________________
Diane Nayares-Perez, City Clerk
APPROVED AS TO FORM:
By: _____________________
Jose M. Sanchez, City Attorney
APPROVED AS TO RISK MANAGEMENT:
By: _____________________
Matthew Braley, Risk Manager
Docusign Envelope ID: DCBC8A7C-E08E-4A29-8236-1539ECD595A2 Gary
Lafayette
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THIRD AMENDMENT TO LEGAL SERVICES AGREEMENT
This Third Amendment to the Legal Services Agreement (this “Third Amendment”), is made and entered into on the 12th day of September 2023 (“Effective Date”), by and between the CITY OF MODESTO, a California Municipal Corporation (“City”), and LAFAYETTE & KUMAGAI, LLP (“Attorney”), located at 1300 Clay Street, Suite 810, Oakland, California 94612. City and Attorney are hereinafter collectively referred to as the “Parties,” and singularly as “Party”.
RECITALS
WHEREAS, City and Attorney entered into a Legal Services Agreement (“Agreement”) to provide for legal advice, representation and assistance on matters involving personnel and administrative investigations; and
WHEREAS, Attorney is specially trained, experienced and competent to perform such services; and
WHEREAS, the public interest, economy and general welfare will be served by the Agreement; and
WHEREAS, City and Attorney desire to amend the Agreement to extend the termination date and increase the budget of said agreement.
NOW, THEREFORE, it is hereby agreed that the Legal Services Agreement between the City of Modesto and Lafayette & Kumagai, LLP dated November 5, 2020, and amended on June 30, 2021 and April 5, 2022 is amended as follows:
1. Section 1(b) of Paragraph 1, “Services,” is amended to state as follows:
Term: This Agreement shall become effective on the Effective Date, and shall continue through December 31, 2025 unless sooner terminated as provided in Section 7.
2. Section 2(a) of Paragraph 2, “Fees and Costs,” Hourly Rates is amended to state as follows:
“The total of all fees paid to Attorney for the performance of all services set forth in Section 1(thereafter the “Service”), and for all authorized Reimbursable Expenses (as defined hereafter), shall not exceed a total sum of five hundred and forty-five thousand dollars ($545,000).
2. Entire Agreement. The parties to this Third Amendment understand and agree that except as stated herein all terms and conditions of the original Agreement, dated November DocuSign Envelope ID: 98574054-76FF-4623-B3EC-AAB9DCFD9833 #11..
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5, 2020, remain in full force and effect to the extent they are not in conflict with this Third Amendment. This document, including all exhibits, contain the entire amendment to the Agreement between the Parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Third Amendment. No alteration to the terms of this Third Amendment shall be valid unless approved in writing by Attorney and by City, in accordance with applicable provision of the Modesto City Code.
3. Authority. The person signing this Third Amendment for Attorney hereby represents and warrants that he/she is fully authorized to sign this Third Amendment on behalf of Attorney and to bind Attorney to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the Parties have executed this Third Amendment as of the dates stated above.
CITY OF MODESTO,
A Municipal Corporation
By:
Print name: Forrest Ebbs
Title: Deputy City Manager
ATTEST:
____________________________________
Diane Navares-Perez, City Clerk
____________________________________
Joe Rodriguez, Risk Manager
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ATTORNEY:
LAFAYETTE & KUMAGAI, LLP
______________________________________
______________________________________
Federal I.D. No.
______________________________________
State I.D. No.
______________________________________
City of Modesto Business Op. Tax Cert. No.
TYPE OF BUSINESS ENTITY (check one):
_____ Individual/Sole Proprietor
_____ Partnership
_____ Corporation
_____ Limited Liability Company
__x___ Other (please specify: ___Limited Liability Partnership ___________) ______________________________________
Signature of Authorized Person
______________________________________
Title
______________________________________
Additional Signature (if required)
______________________________________
Title
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943201837
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FIRST AMENDMENT TO LEGAL SERVICES AGREEMENT
This First Amendment to the Legal Services (this “First Amendment”), is made and entered into on the 30th day of June 2021 (“Effective Date”), by and between the CITY OF MODESTO, a California Municipal Corporation (“City”), and LAFAYETTE & KUMAGAI, LLP (“Attorney”), located at 1300 Clay Street, Suite 810, Oakland, California 94612. City and Attorney are hereinafter collectively referred to as the “Parties,” and singularly as “Party”.
RECITALS
WHEREAS, City and Attorney entered into a Legal Services Agreement (“Agreement”) to provide for legal advice, representation and assistance on matters involving personnel and administrative investigations; and
WHEREAS, Attorney is specially trained, experienced and competent to perform such services; and
WHEREAS, the public interest, economy and general welfare will be served by the Agreement; and
WHEREAS, City and Attorney desire to amend the Agreement to extend the termination date of said agreement.
NOW, THEREFORE, it is hereby agreed that the Legal Services Agreement between the City of Modesto and Lafatette & Kumagai, LLP dated November 5, 2020, is amended as follows:
1. Section 1(b) of Paragraph 1, “Services,” is amended to state as follows:
“Term: This Agreement shall become effective on the Effective Date, and shall continue thru June 30, 2022 unless sooner terminated as provided in Section 7.
2. Entire Agreement. The parties to this First Amendment understand and agree that except as stated herein all terms and conditions of the original Agreement, dated November 5, 2020, remain in full force and effect to the extent they are not in conflict with this First Amendment. This document, including all exhibits, contain the entire amendment to the Agreement between the Parties and supersedes whatever oral or written understanding they may have had prior to the execution of this First Amendment. No alteration to the terms of this First Amendment shall be valid unless approved in writing by Attorney and by City, in accordance with applicable provision of the Modesto City Code.
3. Authority. The person signing this First Amendment for Attorney hereby represents and warrants that he/she is fully authorized to sign this First Amendment on behalf of Attorney and to bind Attorney to the performance of its obligations hereunder.
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IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the dates stated below.
CITY OF MODESTO,
A Municipal Corporation
By:
Print name: Caluha Barnes
Title: Deputy City Manager
ATTEST:
____________________________________
Dana Sanchez, Assistant City Clerk
____________________________________
Jiles Smith, Risk Manager
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ATTORNEY:
LAFAYETTE & KUMAGAI, LLP
______________________________________
______________________________________
Federal I.D. No.
______________________________________
State I.D. No.
______________________________________
City of Modesto Business Op. Tax Cert. No.
TYPE OF BUSINESS ENTITY (check one):
_____ Individual/Sole Proprietor
_____ Partnership
_____ Corporation
_____ Limited Liability Company
__x___ Other (please specify: ___Limited Liability Partnership ___________) ______________________________________
Signature of Authorized Person
______________________________________
Title
______________________________________
Additional Signature (if required)
______________________________________
Title
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CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
July 22, 2025
Date: June 25, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Stephan Christensen, Office of Performance Management and Budget Director SUBJECT: Monthly Budget Adjustment Report – June 2025
CONTACT: Kaceey Culbertson, Budget Manager, [email protected], 209-571-5855
DESCRIPTION:
Consider approving the recommended budget adjustments to Fiscal Year 2024-25 Annual Operating and Capital Improvement Program Budgets. (Funding Source: Various Funds)
STRATEGIC PLAN ELEMENT:
This item supports the City of Modesto 2025-2026 Strategic Plan focus on Governance and Service Delivery under Goal H: Achieve Financial Sustainability.
BACKGROUND:
Each month, City staff presents a variety of budget adjustments requiring the approval of the City Council. These changes are submitted to the Finance Committee for review prior to submission to Council and include an explanation and justification for each transaction.
This report includes a number of adjustments that have been identified by monitoring department budgets. Due to the number of adjustments, they have been included as an attachment to this report (Exhibit A). As in past reports, adjustments are separated by fund and department as appropriate. The adjustments are reflected in a more summarized version and supporting documentation is available for review upon request.
Included in this report as an attachment (Exhibit B) is a summary of the budget adjustments approved by the City Manager and/or Budget Manager and Office of Performance Management and Budget (OPMB) Director consistent with the authority levels approved by Council with the passing of the Fiscal Year 2024-25 Operating Budget via Resolution No. 2024-191. #12..
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City Council, July 22, 2025
Monthly Budget Adjustment Report – June 2025