Agenda packet — Modesto City Council, January 13, 2026 (part 1 of 4)

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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, January 13, 2026 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 California Government Code section 54953.8.3.
*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 Senate Bill 707, California Government Code section 54953.8.3. 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
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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
City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session

MISCELLANEOUS
Legislation, Appointments, Other

1. Consider approving the appointment of Steven Zagaris to the Citizens’ Salary Setting Commission to serve a partial unexpired term expiring on December 31, 2026. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution appointing Steven Zagaris to serve a partial unexpired term with an expiration of December 31, 2026 to serve on the Citizens’ Salary Setting Commission.

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

2. Consider approving the reappointment of Marshall Riddle with a term expiring December 31, 2029, and the appointment of Odle Towe with a term expiring December 31, 2029, to the City of Modesto Board of Zoning Adjustment. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution reappointing Marshall Riddle to the City of Modesto Board of Zoning Adjustment with a term expiring December 31, 2029.  Resolution appointing Odle Towe to the City of Modesto Board of Zoning Adjustment with a term expiring December 31, 2029.

CED; Jessica Hill, 209-577-5267, [email protected]

3. Consider approving the reappointment of Mark Farrish to the City of Modesto Landmark Preservation Commission with a term expiring December 31, 2029. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution reappointing Mark Farrish to the City of Modesto Landmark Preservation Commission with a term expiring December 31, 2029.

CED; Jessica Hill, 209-577-5267, [email protected]
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4. Consider approving the reappointment of Craig Lewis to the StanCOG Measure L Citizens’ Oversight Committee to represent the City of Modesto for a three-year term. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution approving the reappointment of Craig Lewis to the StanCOG Measure L Citizens’ Oversight Committee to represent the City of Modesto for a three-year term.

ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected]

5. Consider approving the appointment of Carolyn Neumann to the Measure L Citizen’s Transportation Sales Tax Commission for a four-year term from July 1, 2025 to June 30, 2029. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution approving the appointment of Carolyn Neumann to the Measure L Citizen’s Transportation Sales Tax Commission for a four-year term from July 1, 2025 to June 30, 2029.

ENGINEERING SERVICES; Toby Wells, 209-571-5542, [email protected]

6. Consider approving the appointments of Shannon Stevens, Dominique Johnson, and Sandra Hilton Kaepp for a term expiration of December 31, 2029, on the City of Modesto Culture Commission. (Funding Source: Not Applicable) Staff Recommendation:
 Resolution approving the appointments of Shannon Stevens, Dominique Johnson, and Sandra Hilton Kaepp for a term expiration of December 31, 2029, on the City of Modesto Culture Commission.

PRN; Valerie Garcia, 209-571-5576, [email protected]

7. Consider approving the appointments of Priscilla Castillo-Amador as a Youth Member-At-Large for a term expiration of December 31, 2026, Ricardo Navarro as a Member-At-Large for a term expiration of December 31, 2029, and the reappointment of Karen Burch as a Dryden Women’s Golf Club Representative for a term expiration of December 31, 2029, on the City of Modesto Golf Courses Advisory Committee. (Funding Source: Not Applicable)
Staff Recommendation:
 Resolution approving the appointments of Priscilla Castillo-Amador as a Youth Member-At-Large for a term expiration of December 31, 2026, Ricardo Navarro as a Member-At-Large for a term expiration of December 31, 2029, and the reappointment of Karen Burch as a Dryden Women’s Golf Club Representative for a term expiration of December 31, 2029, on the City of Modesto Golf Courses Advisory Committee.

PRN; Valerie Garcia, 209-571-5576, [email protected] - 4 -
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PUBLIC COMMENT PERIOD
Three-minute time limit per speaker.

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

CONSENT ITEMS – ROLL CALL VOTE REQUIRED
Information concerning the consent items listed below has been forwarded to each Councilmember prior to this meeting for study. Unless some member of the audience or Councilmember has a question concerning an item and asks that it be withdrawn from the consent list, the Council approves the items at one time. The action taken by the Council in 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 December 9, 2025 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
 Motion approving the minutes for the December 9, 2025 Council Meeting.

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

9. Consider approving the Plans and Specifications for the 2026 Sport Court Lighting Project at Downey Community Park, East La Loma Park, and Roosevelt Park, accepting the Bid and Awarding a Construction Contract to Bockmon & Woody Electric Co., Inc. of Stockton, CA, in the amount not to exceed $ 327,828. (Funding Source: Measure H)
Staff Recommendation:
 Resolution approving the Plans and Specifications for the 2026 Sport Court Lighting Project, accepting the Bid and Awarding a Construction Contract to Bockmon & Woody Electric Co, of Stockton, CA, in the amount of $292,703, authorizing $35,125, for contingency (if needed), for a total payment amount not to exceed $327,828, and authorizing the City Manager, or his designee, to execute the Agreement.
 Resolution amending the Fiscal Year 2025-26 Non-Capital Improvement Program budget to fund Project #101672 (25-26 Park Maint – Measure H) and - 5 -
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Project #101602 (24/25 Preventative Maintenance – Measure H) in an amount not to exceed $100,879, 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] Consent

10. Consider approving a Second Amendment to the Agreement with Callander Associates Landscape Architecture, Inc. for additional tasks related to Construction Documentation and Bidding and Construction Support for the Dr. Martin Luther King Jr. Park Renovation Project, for a new total amount not to exceed $874,419. (Funding Source: Various Fund)
Staff Recommendation:
 Resolution approving a Second Amendment to the Agreement with Callander Associates Landscape Architecture, Inc. for additional tasks related to Construction Documentation and Bidding and Construction Support for the Dr.

Martin Luther King Jr. Park Renovation Project, increasing the Agreement amount by $90,000 to a new total amount not to exceed $794,927, plus $79,492 in additional services, if needed, for a total amount not to exceed $874,419, and authorizing the City Manager, or his designee, to execute the Amendment.

ENGINEERING SERVICES; Nathan Houx, 209-571-5526, [email protected] Consent

11. Consider accepting the Downtown Signal Coordination G Street and H Street, CML 5059(261) Project as complete, releasing securities, releasing payments totaling $1,307,037 to Bear Electrical Solutions, LLC., of Alviso, CA, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Congestion Mitigation and Air Quality and Measure L Funds)
Staff Recommendation:
 Resolution accepting Downtown Signal Coordination G Street and H Street, CML 5059(261) Project as complete, releasing securities, releasing payments totaling $1,307,037 to Bear Electrical Solutions, LLC., of Alviso, CA, and authorizing the City Clerk to file a Notice of Completion.

ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] Consent

12. Consider accepting the Paradise Road Area Pedestrian and Bicycle Safety Improvements Project, ATPL-5059(233) as complete, releasing securities, releasing payments totaling $9,108,764 to George Reed, Inc. of Modesto, CA, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Active Transportation Program (ATP) and Local Measure L Funds)
Staff Recommendation:
 Resolution accepting Paradise Road Area Pedestrian and Bicycle Safety Improvements Project, ATPL-5059(233) as complete, releasing securities, releasing payments totaling $9,108,764 to George Reed, Inc. of Modesto, CA, and authorizing the City Clerk to file a Notice of Completion. - 6 -
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ENGINEERING SERVICES; Peter Kambel, 209-577-5444, [email protected] Consent

13. Consider approving First Amendments with Bay City Electric Works of Livermore, CA, and PowerGen, Inc., of Tracy, CA for Generator Repair and Preventative Maintenance Services increasing the combined Agreement amounts by $1,070,064. (Funding Source: Various Funds)
Staff Recommendation:
 Resolution approving the First Amendments with Bay City Electric Works and PowerGen, Inc for Generator Repair and Preventative Maintenance Services increasing the combined Agreement amounts by $1,070,064 to a new total combined amount not to exceed $2,284,864 over five years for both agreements; and authorizing the City Manager, or his designee to execute the Amendments; and authorizing the Director of Finance or her designee to adjust agreement totals between vendors based on contractor’s availability and department’s needs, ensuring the combined total amount does not change.

FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent

14. Consider approving an Agreement with GovernmentJobs.com, Inc., El Segundo, CA, doing business as NEOGOV, for an electronic recruitment, performance management, onboard, learn platform, and eForms modules with Single Sign-on service for a total amount not to exceed $558,393 over three years. (Funding Source: Various Funds) Staff Recommendation:
 Resolution approving the Sole Source Agreement with GovernmentJobs.com, Inc., El Segundo, CA, doing business as NEOGOV, for an electronic recruitment, performance management, onboard, learn platform and eForms modules with Single Sign-on service for a three-year agreement, for a total amount not to exceed $558,393 and authorizing the City Manager or his designee to execute this Agreement.

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

15. Consider an Agreement with York Orthopedic Recovery, Modesto, California, for Employee Wellness Program to provide athletic training, injury-prevention support, and therapeutic recovery services for a total amount not to exceed $390,453 over three years. (Funding Source: Supplemental Law Enforcement Services Fund) Staff Recommendation:
 Resolution approving an Agreement with York Orthopedic Recovery, Modesto, California, for Employee Wellness Program to provide athletic training, injuryprevention support, and therapeutic recovery services for a three year Agreement, for an estimated annual amount of $130,151, and a total amount not to exceed $390,453 over three years; and authorizing the City Manager, or his designee to execute the Agreement.

POLICE DEPARTMENT; Christopher Adams, 209-572-9500,
[email protected]
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Consent

16. Consider approving a Purchasing Agreement with Adamson Police Products, Los Alamitos, CA, for Ballistic Vests for a total amount not to exceed $884,635 over five years. (Funding Source: General Fund, Measure H)
Staff Recommendation:
 Resolution approving the Agreement with Adamson Police Products, of Los Alamitos, CA, a distributor for Safariland, LLC by utilizing the Competitive Bid Process with State of Colorado in collaboration with NASPO Value Point, for Ballistic Vests, for a two-year Agreement with three one-year extension options, for an annual estimated amount $176,927, and a total amount not to exceed $884,635 over five years; and authorizing the Director of Finance, or her designee to execute the Agreement.

POLICE DEPARTMENT; Jessica Nicholson, 209-572-9500,
[email protected]
Consent

17. Consider approving the Draft Groundwater Use Management Program and Draft Well Mitigation Plan as part of the Stanislaus and Tuolumne Rivers Groundwater Basin Association Groundwater Sustainability Agency’s 2027 Groundwater Sustainability Plan Update. (Funding Source: Water Fund)
Staff Recommendation:
 Resolution approving the Draft Groundwater Use and Management Program and Draft Well Mitigation Plan as part of the Stanislaus and Tuolumne Rivers Groundwater Basin Association Groundwater Sustainability Agency’s 2027 Groundwater Sustainability Plan Update.

UTILITIES; Timothy Barahona, 209-577-5485, [email protected] Consent

18. Consider approving an Amended and Restated Memorandum of Understanding with Stanislaus County for the South Modesto Area Strengthen and Replace Water Mains Project in an amount not to exceed $15,869,000 and rescinding Resolution No. 2024- 120. (Funding Source: Water Fund)
Staff Recommendation:
 Resolution approving an Amended and Restated Memorandum of Understanding with Stanislaus County for the South Modesto Area Strengthen and Replace Water Mains Project, in an amount not to exceed $15,869,000, rescinding Resolution No. 2024-120, and authorizing the City Manager, or his designee, to execute the Agreement.
 Resolution amending the Fiscal Year 2025-26 Capital Improvement Program Budget in the amount of $3,019,000 to be transferred into the Project from Water Fund Reserves to fund the South Modesto Area Strengthen and Replace Water Mains Project and authorizing the City Manager, or his designee, to implement the provisions of the Resolution.

UTILITIES; David Felix, 209-577-5488, [email protected] - 8 -
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Consent

19. Consider approving the First Amendment with HB Restoration Inc., Rio Linda, CA, for the Painting of Water Wells and Tank Sites increasing the Agreement amount by $868,453 for a new total amount of $1,537,529. (Funding Source: Sewer Operations Funds)
Staff Recommendation:
 Resolution approving the First Amendment with HB Restoration Inc., Rio Linda for the Painting of Water Wells and Tank Sites, increasing the Agreement amount by $868,453 for a new estimated annual amount of $326,000, and a new total amount of $1,537,529 through the term of the agreement and authorizing the City Manager, or his designee, to execute the Amendment.

UTILITIES; Jeff Daniels, 209-577-6255, [email protected] Consent

20. Consider approving a Second Amendment to the Agreement with West Yost Associates, Inc., of Sacramento, CA, for Design Services for Del Rio Replacement Well 271, increasing the Agreement amount by $395,900. (Funding Source: Water Fund)
Staff Recommendation:
 Resolution approving a Second Amendment to the Agreement with West Yost Associates, Inc., of Sacramento, CA, for Design Services for Del Rio Replacement Well 271, increasing the Agreement amount by $395,900, for a new total amount not to exceed $1,294,290 and authorizing the City Manager, or his designee, to execute the Amendment.
 Resolution amending the Fiscal Year 2025-26 Capital Improvement Program Budget in the amount of $395,900 to be transferred into the Project from Water Fund Reserves to fund the Del Rio Replacement Well Project and authorizing the City Manager, or his designee, to implement the provisions of the Resolution.

UTILITIES; Edgar Vargas, 209-577-5424, [email protected]

COUNCIL COMMENTS & REPORTS

CITY MANAGER COMMENTS & REPORTS

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

January 13, 2025
Date: December 17, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Diane Nayares-Perez, City Clerk
SUBJECT: Citizens’ Salary Setting Commission Appointment CONTACT: Diane Nayares-Perez, City Clerk, [email protected], 209-577-5396
DESCRIPTION:

Consider approving the appointment of Steven Zagaris to the Citizens’ Salary Setting Commission to serve a partial unexpired term expiring on December 31, 2026. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

This recommended action supports the City’s 2025-2026 Strategic Commitment, “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”.

BACKGROUND:

On February 5, 2008, voters approved Measures M (Accountability in City Hall) an amendment to the City’s Charter. Measure M called for the establishment of a Citizens’ Salary Setting Commission to consider and make recommendations regarding the Mayor and Council salaries.

Section 703(b)1 of the City of Modesto’s Charter added the formation of a Citizens’ Salary Setting Commission whose function is to recommend compensation for the Mayor and members of the Council. According to the Charter, the Commission shall meet between March 1 st and April 30th of every even-numbered year.

Commission Requirements
The Citizens’ Salary Setting Commission shall consist of five qualified electors residing within the City and shall be appointed by the City Council pursuant to the provisions below:
1 https://library.municode.com/ca/modesto/codes/code_of_ordinances?nodeId=CHTR_ARTVIITHCO_S703COELOF #1..
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City Council, January 13, 2026
Citizens’ Salary Setting Commission Appointment

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Strong consideration shall be given to composing the Commission of:

1. A retired Stanislaus County judge to serve as chairperson;

2. One member of a bona fide local taxpayer’s association with tax exempt status under relevant Internal Revenue Service (IRS) code;

3. One member from a bona fide local non-partisan political organization with tax-exempt status under IRS Section 501 (c)(3), dedicated to encouraging informed and active participation in government;

4. One member from a former civil grand jury who has served in that role within the last five years;

5. Additional members who have demonstrated civic involvement and a capacity to serve in an honest, independent, and impartial fashion.

DISCUSSION:

The Citizens’ Salary Setting Commission has one unexpired vacancy at this time due to the resignation of Commissioner Jan Viss leaving a vacancy with an unexpired term end date of December 31, 2026. Three (3) applications were received.

Recruitment efforts were made by sending letters to the Superior Court of Stanislaus County to try and recruit a retired judge. A letter was also sent to the Stanislaus Taxpayer Association to recruit for a bona fide local taxpayer’s association, with tax-exempt status under Section 501 (c) (3) of the Internal Revenue Code. Additionally, an advertisement for recruitment was posted by the Communication and Media Relations Department on the City’s Social Media page and City website.

On December 10, 2025, the Appointments Committee reviewed all qualifying applications and unanimously recommended the appointment of Steven Zagaris to serve on the Salary Setting Commission.

FISCAL IMPACT:

There is no fiscal impact.

COMMITTEE RECOMMENDATION:

This item was presented to the Appointments Committee on December 10, 2025, and the Committee recommended forwarding the item to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution appointing Steven Zagaris to serve a partial unexpired term with an expiration of December 31, 2026 to serve on the Citizens’ Salary Setting Commission.

Approved by:

Diane Nayares-Perez, City Clerk
Joseph P. Lopez, City Manager
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Citizens’ Salary Setting Commission Appointment

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Attachments:

1. Resolution

2. Bylaws

3. Redacted Application (1)
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01/13/2026/CC/DNPerez/Item XX 1 2026-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX

RESOLUTION APPOINTING STEVEN ZAGARIS TO SERVE A PARTIAL UNEXPIRED TERM WITH AN EXPIRATION OF DECEMBER 31, 2026 TO SERVE ON THE CITIZENS’ SALARY SETTING COMMISSION
WHEREAS, Section 703(b) of the City of Modesto’s Charter established the formation of a Citizens’ Salary Setting Commission whose function is to recommend compensation for the Mayor and members of the Council. According to the Charter, the Commission shall meet between March 1st and April 30th of every even-numbered year; and
WHEREAS, Section 1102 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards, Commissions, and Committees with the recommendation of the City’s Appointments Committee; and WHEREAS, The Citizens’ Salary Setting Commission shall consist of five qualified electors residing within the City; and
WHEREAS, Commissioner Jan Viss resigned in October 2025 leaving a vacancy with an unexpired term end date of December 31, 2026; and WHEREAS, the Appointments Committee met on December 10, 2026, and recommended the appointment of Steven Zagaris to serve an unexpired partial term with an expiration of December 31, 2026, to serve on the Citizens’ Salary Setting Commission.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the appointment Steven Zagaris to serve a partial unexpired term with an expiration of December 31, 2026.
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BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit a copy of this resolution to the appointed member of the Citizens’ Salary Setting Commission, thereof.

The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 13th day of January, 2026, 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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CITIZENS’ SALARY SETTING COMMISSION
BYLAWS
Article I
Definitions
Section 1 There is created a Committee to be known and designated as the Citizens’ Salary Setting Commission.

Section 2 As used in these Bylaws, unless a different meaning clearly appears from the context:

A. "Member" shall mean a member of the Citizens’ Salary Setting Commission.

B. "Citizens’ Salary Setting Commission" and "Commission" shall mean the Citizens’ Salary Setting Commission.

Article II
Objectives
Section 1 The function of the Commission shall be to recommend the compensation it deems appropriate for the Mayor and members of the Council, subject to this guidance:

A. The salary of the Mayor shall not be more than fifty percent (50%) of the salary for a Superior Court Judge in Stanislaus County.

B. The salary of a Councilmember shall not be more than fifty percent (50%) of the median family income for the Modesto Metropolitan Statistical Area as reported by the United States Census Bureau. The salary of all Councilmembers shall be the same.

Article III
Membership
Section 1 The Citizens’ Salary Setting Commission shall consist of 5 qualified electors.

Section 2 The Members of the Commission shall reside within the city limits of the City of Modesto at the time of appointment and must maintain residence within the City at all times during their service on the Commission.

Section 3 No member of the Commission shall be an employee of the City, nor any bargaining unit for employees of the City, nor a person who receives Revised February 27, 2024 by Resolution No. 2024-051 #1.. - 16 -
compensation from the City or from bargaining units of the City in any manner, including retirement benefits.

Section 4 Strong consideration shall be given to composing the Commission of:
 A retired Stanislaus County judge as chairperson;
 One member from a bona fide local taxpayer’s association with taxexempt status under the relevant provisions of the Internal Revenue Code;
 One member from a bona fide local non-partisan political organization with tax-exempt status under Section 501(c)(3) of the Internal Revenue Code, dedicated to encouraging informed and active participation in government;
 One member from a former Civil Grand Jury who has served in that role within the previous five years;
 Additional members who have demonstrated civic involvement and a capacity to serve in an honest, independent, and impartial fashion.

Section 5 All appointments shall be approved by a majority vote of the City Council.

Section 6 No member of the Commission shall be a lobbyist or other person with business before the City that represents an economic interest in excess of the limit for material financial effect as established by local ordinance for the time periods established by local ordinance.

Section 7 No member of the Commission 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.

Article IV
Terms of Office
Section 1 The initial five Members of the Commission shall be appointed during the month of March 2008.

Section 2 Of the initial five Members, two shall be appointed for a term expiring on December 31, 2010 and three Members, including the initial chairperson, shall be appointed for a term expiring on December 31, 2012.

Section 3 Commencing December 2010, new appointments shall be made during the month of December of each even-numbered year to fill the offices of the members whose terms are expiring as the end of such even-numbered years.

Section 4 Such appointments shall be for regular terms of four years commencing on the January 1 of the following odd-numbered year and expiring on December 31 of the second even-numbered year thereafter.

Section 5 Members may be re-appointed after their initial term, but in no event shall any person who has served two consecutive terms on the Commission be eligible for re-appointment to the Commission.
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Section 6 Serving any portion of an unexpired term shall not be counted as service of one term. Members not eligible for re-appointment may continue to serve until their successors are appointed and meet all of the qualifications outlined in Article III Membership of these bylaws. No member shall serve more than eight consecutive years, with the exception of those who are serving until their successors are appointed.

Section 7 The Members of the Commission shall receive no compensation for the performance of their official duties
Section 8 Appointments to fill vacancies on the Commission 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 9 Members of the Commission may be removed by a majority vote of the City Council after a recommendation by the Commission chairperson for the following reasons:

A. Misconduct, inefficiency, or willful neglect in the performance of their duties providing the Council first states 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 Commission when no longer a resident of the City of Modesto.

Article V
Attendance at Meetings
Section 1 It shall be the responsibility of each Member to know the dates and times of all meetings of the Commission. 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 Commission Chair at least forty-eight hours before the meeting, in order for the absence to be recorded as an excused absence.

Section 2 The minutes of each meeting will list those Members in attendance, those who are excused and those who are unexcused.

Section 3 Timely attendance at meetings is expected and necessary to carry out the mission of the Commission.

Article VI
Officers and Their Duties
Section 1 Officers shall consist of Chair, which shall be a retired Stanislaus County Judge, and Vice-chair, elected by a majority vote of the Members of the Commission. Officers shall serve a four-year term.
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Section 2 If a retired Stanislaus County judge is not on the Commission, the Chair shall be elected by a Majority vote of the Members of the Commission.

Section 3 All officers shall exercise all privileges of membership, including the making of motions, seconding and debate.

Section 4 The Chair shall not serve more than two consecutive four-year terms.

The Vice-chair shall not serve more than two consecutive four-year terms.

Section 5 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 Commission are properly enforced.

Section 6 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 7 The Office of the City Clerk shall provide a staff member to serve as secretary.

He/she shall keep a record of the minutes of all meetings and such other duties as are usually performed by a secretary. He/she shall supply the Members of the Commission with copies of all records taken within three days after a meeting takes place. He/she shall also assist in publicity releases concerning Commission activities. In the absence of both the Chair and ViceChair, 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.

Article VII
Meetings
Section 1 The Commission shall conduct sufficient number of meetings during the months of March and April in even-numbered years to assure the Objectives as outlined in Article II are achieved.

Section 2 Special meetings shall be called by the Chair as necessary.

Section 3 Notices of all meetings, including an agenda, shall be given to all members of the Commission, to the City Clerk, to the City Manager, and to all others as provided by law. All such notices shall be furnished to the Commission in writing at least seventy-two hours prior to the time of such meeting.

Section 4 All meeting agendas will be posted at Tenth Street Place and will be available at the following public facilities: Tenth Street Place and at the Main Branch of the Stanislaus County Free Library.

Section 5 All meetings shall comply with the requirements of the Ralph M. Brown Act.

Section 6 A quorum is necessary for the Commission to transact any business. A quorum shall be defined as a simple majority of active Commission members.

Section 7 All meetings of the Commission shall be open to the public and shall be held at #1..
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a public facility, which is accessible in accordance with the regulations of the Americans with Disabilities Act.

Article VIII
Order of Proceedings
Section 1 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 Commission meetings.

Section 2 The order of proceedings of all meetings shall be as follows, subject to majority vote of the Members present:

1. Call to order

2. Approval of Minutes

3. Written Communications

4. Old Business

5. New Business

6. Oral Communications

7. Matters Too Late for the Agenda

8. Adjournment
Section 3 Members of the public shall not speak unless recognized by the Chair and shall state their names and addresses before making any statement, which shall become a 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
Report to the City
Section 1 The Commission’s recommendation will be made to the City Council by April 30 of every even-numbered year to be effective for a two-year period commencing not before July 1 of that even-numbered year.

Section 2 Failure of the Commission to make a recommendation in any even-numbered year within the prescribed time shall be deemed to be a recommendation that no change be made to existing compensation levels.

Article X
Amendments
Section 1 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 #1..
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powers and duties given to the Commission by the City Council. #1..
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Boards, Commissions and Committees Application
10/29/2025 11:31 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.

Salary Setting Commission
The function of the Citizen's Salary Setting Commission is to recommend compensation for the Mayor and members of the City Council, pursuant to Modesto Municipal Code Section 703(b).

Please note that this committee requires a financial disclosure statement (Statement of Economic Interests - Form 700) under State of California laws.

Membership Requirements: Qualified electors residing within the City of Modesto. See Modesto Municipal Code, Section 703(b).

Read full ByLaws, membership requirements and view current members and vacancies.

Member
No
No

No
Submission ID: 79c6153e-4ce4-499f-a724-52a5e0def2a4 Page 1/6 #1..
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Qualifications
Yes

California Department of Real Estate Broker License

Advisory Circle to the Board of Directors for Modesto Children's Museum City finance as well as talent acquisition and retention.

My education and professional experience in finance and marketing have been valuable to my business and my sphere of influence. It is time for me to give back to my community and set a good example for my child as a faithful steward to the city we were both born and raised.

No
Submission ID: 79c6153e-4ce4-499f-a724-52a5e0def2a4 Page 4/6 #1..
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Questionnaire

Community Group
Submission ID: 79c6153e-4ce4-499f-a724-52a5e0def2a4 Page 5/6 #1..
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Signature Agreement
10/29/2025
Application Disclosure
Members of the City Advisory Groups must disclose financial interests, including investments, businesses, and rental properties. Members are required to file Statements of Economic Interest when they assume office, annually, and upon leaving office.

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!
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 13, 2026
Date: December 12, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Reappointment and 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 reappointment of Marshall Riddle with a term expiring December 31, 2029, and the appointment of Odle Towe with a term expiring December 31, 2029, to the City of Modesto Board of Zoning Adjustment. (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, six (6) of the members are appointed by the City Council for a 4-year term starting on January 1st 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.
1 https://library.municode.com/ca/modesto/codes/code_of_ordinances?nodeId=CHTR_ARTXIAPBOCO_S1102APTE #2..
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City Council Meeting, January 13, 2026
Reappointment and Appointment to the Board of Zoning Adjustment

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DISCUSSION:

Board Member Naramsen Goriel was appointed on December 5, 2017, by Resolution No. 2017-481, and was reappointed on December 14, 2021, by Reso No. 2021-483, his second term ending on December 31, 2025, leaving a full-term vacancy on the Board of Zoning Adjustment.

Board Member Marshall Riddle was appointed on December 14, 2021, by Reso No. 2021- 483, his first term ending on December 31, 2025, leaving a full-term vacancy on the Board of Zoning Adjustment. During Board Member Riddle’s time on the Board there have a total of twenty-one (21) meetings he was eligible to attend, Marshall has attended eighteen (18) of those meetings. Marshall Riddle is eligible to serve a second term.

Outreach for the Board of Zoning Adjustment vacancies included 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 (3) candidates are registered voters in the City of Modesto, making them qualified for the Board.

FISCAL IMPACT:

There is no fiscal impact related to this action.

COMMITTEE RECOMMENDATION:

On December 10, 2025, the Appointments Committee made a motion recommending the reappointment of Marshall Riddle to one (1) vacancy with a term expiring December 31, 2029, and recommended the appointment of Odle Towe to one (1) vacancy with a term expiring December 31, 2029, for the City of Modesto Board of Zoning Adjustment and forwarding to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution reappointing Marshall Riddle to the City of Modesto Board of Zoning Adjustment with a term expiring December 31, 2029.

Resolution appointing Odle Towe to the City of Modesto Board of Zoning Adjustment with a term expiring December 31, 2029.
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City Council Meeting, January 13, 2026
Reappointment and Appointment to the Board of Zoning Adjustment

Page 3 of 3 ends

Approved by:

Jessica Hill, Director of Community &
Economic Development
Joseph P. Lopez, City Manager
Attachments:

1. Resolutions

2. Board of Zoning Adjustment Bylaws

3. Redacted Applications & Resume
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01/13/2026/CED/JHill/Item 1 2026-XXX

MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XXX

RESOLUTION REAPPOINTING MARSHALL RIDDLE TO THE CITY OF

MODESTO BOARD OF ZONING ADJUSTMENT WITH A TERM EXPIRING DECEMBER 31, 2029
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 Marshall Riddle’ s first term expires on December 31, 2025; and
WHEREAS, the Appointments Committee met on December 10, 2025, and recommended the reappointment of Marshall Riddle to the Board of Zoning Adjustment.

NOW, THEREFORE, BE IT HEREBY RESOLVED by the Council of the City of Modesto that it herby reappoints Marshall Riddle to the City of Modesto Board of Zoning Adjustment with a term expiring December 31, 2029.

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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01/13/2026/CED/JHill/Item 2 2026-XXX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 13th day of January 2026, by Councilmember____, who moved its adoption, which motion being duly seconded by ______ 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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01/13/2026/CED/JHill/Item 1 2026-XXX

MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XXX

RESOLUTION APPOINTING ODLE TOWE TO THE CITY OF MODESTO

BOARD OF ZONING ADJUSTMENT WITH A TERM EXPIRING DECEMBER 31, 2029
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 Appointments Committee met on December 10, 2025, and recommended the appointment of Odle Towe to the Board of Zoning Adjustment.

NOW, THEREFORE, BE IT HEREBY RESOLVED by the Council of the City of Modesto that it herby appoints Odle Towe to the City of Modesto Board of Zoning Adjustment with a term expiring December 31, 2029.

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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01/13/2026/CED/JHill/Item 2 2026-XXX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 13th day of January 2026, by Councilmember____, who moved its adoption, which motion being duly seconded by ______ 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. #2..
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Rules and Regulations of the BZA

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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 #2..
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Rules and Regulations of the BZA

Page 3 ends

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 #2..
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Rules and Regulations of the BZA

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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

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(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. #2..
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Rules and Regulations of the BZA

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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. #2..
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(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

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(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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Boards, Commissions and Committees Application
11/06/2025 3:46 PM (PST)
Advisory Boards and Commissions Application
City of Modesto

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.

Yes

Citizens Districting Commission
10/21/2021
03/01/2022
ii.

Planning Commission
02/01/2013
Submission ID: 91bc9348-e34d-44fa-86ca-449710d37d17 Page 1/7 #2..
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08/01/2014
Submission ID: 91bc9348-e34d-44fa-86ca-449710d37d17 Page 2/7 #2..
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Applicant Information & Background
Marshall
Riddle
Modesto
California
95355
Document Uploads
You may upload a cover letter and resume to outline your educational, work and community service experiences.

Submission ID: 91bc9348-e34d-44fa-86ca-449710d37d17 Page 3/7 #2..
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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: 91bc9348-e34d-44fa-86ca-449710d37d17 Page 4/7 #2..
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Qualifications
I understand that I must be a registered voter in the City of Modesto to apply for this committee or commission.

Yes

Excitedly reapplying

I have served the past four years on the Modesto Board of Zoning Adjustment, for which I am reapplying. Previous to that I served on Modesto's City Council Redistricting Commission, as well as Modesto's Planning Commission.

I would like to continue my involvement in upholding the integrity of zoning regulations and the Modesto General Plan.

The four prior years I have spend on the board have helped prepare me for further involvement, and have built my knowledge base of local zoning law and practice.

Submission ID: 91bc9348-e34d-44fa-86ca-449710d37d17 Page 5/7 #2..
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Questionnaire

Other (Please specify)
Currently a member
Submission ID: 91bc9348-e34d-44fa-86ca-449710d37d17 Page 6/7 #2..
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Signature Agreement
11/06/2025
Application Disclosure
Members of the City Advisory Groups must disclose financial interests, including investments, businesses, and rental properties. Members are required to file Statements of Economic Interest when they assume office, annually, and upon leaving office.

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: 91bc9348-e34d-44fa-86ca-449710d37d17 Page 7/7 #2..
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Boards, Commissions and Committees Application
09/28/2025 11:06 AM (PDT)
Advisory Boards and Commissions Application
City of Modesto

Read full ByLaws and view current members and vacancies.

No
No

No
Submission ID: ab7c056a-1542-4698-a963-976363c34d79 Page 1/6 #2..
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#2..
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Qualifications
I understand that I must be a registered voter in the City of Modesto to apply for this committee or commission.

Yes

see attached professional resume

Linked In

member of Modesto Engineer's Club, youth soccer coach, cofounder of valley vantage group (homeowner resource for professional services) being able to provide valuable expertise and guidance to community development in a responsible and effective manner

see attached professional resume
Submission ID: ab7c056a-1542-4698-a963-976363c34d79 Page 4/6 #2..
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Questionnaire

Other (Please specify)
Linked In
Submission ID: ab7c056a-1542-4698-a963-976363c34d79 Page 5/6 #2..
- 56 -
Signature Agreement
09/28/2025
Application Disclosure
Members of the City Advisory Groups must disclose financial interests, including investments, businesses, and rental properties. Members are required to file Statements of Economic Interest when they assume office, annually, and upon leaving office.

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: ab7c056a-1542-4698-a963-976363c34d79 Page 6/6 #2..
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Odle Towe
Land Development Project Manager
Modesto, CA 95350 |
Professional Summary
Accomplished Land Development Project Manager with 30 years of experience in civil engineering, land development, and construction, specializing in heavy civil, Caltrans, structural concrete, and large-scale underground wet utility projects. Expert in civil engineering design, including grading, drainage, sewer, water, and street design, with a proven ability to navigate complex agency approvals. Renowned for personable leadership, fostering extensive industry relationships, and delivering multimillion-dollar projects on time and within budget.

Core Competencies
 Project Management & Execution
 Civil Engineering Design (Grading, Drainage, Sewer, Water, Street)  Client Relations & Business Development
 Agency Approvals & Regulatory Compliance
 Heavy Civil & Underground Wet Utility Construction
 Multitasking High-Value Project Portfolios
 Team Leadership & Training
 Budget Management & Cost Control
Professional Experience
Land Development Project Manager
Westwood Professional Services (formerly O’Dell Engineering), Modesto, CA July 2025 – Present
 Manage civil engineering and approvals for large residential developments, public works infrastructure, commercial developments, and parks and recreational facilities throughout the Central Valley  Prepare budgets, schedules, and develop value engineering solutions  Provide technical review for land use planning, environmental studies, and infrastructure, managing consultants and agency permitting (e.g., Army Corps, Fish & Game), EIRs  Oversee portfolios of simultaneous projects ensuring compliance with local and State standards.  Cultivate strong relationships with clients, subconsultants, and agencies, streamlining approvals and securing repeat business through personable engagement.  Manage and train teams of designers, engineers, draftsmen, landscape architects, joint trench designers, surveyors and coordinators, responsible for daily tasks and production in preparing complex proposals, construction drawings, design reports, submittals, RFIs, and change orders, as well as QA/QC. #2..
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Senior Estimator / Project Manager
Mozingo Construction Company, Inc., Oakdale, CA
October 2014 – June 2025
 Key component to company growth from $20M to over $100M in annual revenue by securing high-value contracts and managing complex projects across Sacramento, San Joaquin, Stanislaus, Merced, and Madera Counties. With specific experience in dozens of City, County, Irrigation, Water and Sanitary Districts across Northern California, including Tribal, Federal, State and multi-Jurisdictional projects.  Review civil engineering plans and specifications for grading, drainage, sewer, water, and street improvements, ensuring compliance with local and Caltrans standards.  Participate in Design-Build contracts with General Contractors, develop value engineering solutions and provide critical input regarding methods, durations and sequencing of construction activities.  Notable Projects: FedEx Distribution Facility (Prologis Tracy), Sutter Sewer Trunkline Ph1 (City of Modesto), Sky River Casino (Elk Grove), Tracy Hills Subdivision (Tracy), Folsom Ranch (Folsom), Riverstone Development (Madera County).

Senior Project Manager
MVE (Mid Valley Engineering), Inc., Modesto, CA
November 2012 – October 2014
 Directed grading and utility design for private and public works projects, coordinating plan approvals with Central Valley agencies.
 Managed a team of 5-6 engineers specializing in pole design for AT&T via remote platforms, utilizing proprietary software
 Prepared budgets, schedules, and contract documents, collaborating with survey, accounting, and senior management to ensure accurate cost coding and project awareness.  Managed project files and facilitated lien releases, change orders, and invoices, enhancing operational efficiency across departments.

Project Estimator / Project Manager
Ranchwood Contractors, Inc., Los Banos, CA
January 2012 – November 2012
 Managed public and private contracts, including agricultural improvements and residential development planning, while enhancing relations with consultants and agencies.  Managed multiple subcontractors to develop and install large-scale agricultural water wells to community public water standards
 Prepared budgets, bids, and contract agreements, coordinating with CFO and construction teams to maintain project alignment and cost control.

Project Manager / Estimator
Viking Construction Co., Inc., Rancho Cordova, CA
2007 – November 2011
 Led multimillion-dollar heavy civil projects, including Caltrans bridges, retaining walls, and drainage facilities, as both prime and subcontractor.
 Managed all project phases, from bidding to completion, specializing in structural concrete, paving, and underground utilities.
 Completed QSD/QSP training and exams, ensuring compliance with California stormwater regulations.  Notable Projects: Watt Avenue/LRT Grade Separation (Sacramento County), Westside Blvd OC/SR 99 & UPRR (Caltrans District 10).
#2..
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Project Manager
Arnaiz Companies, Stockton, CA
2005 – 2007
 Coordinated approvals and construction for master-planned developments with ~5,000 residential units, plus commercial and industrial components.
 Provided technical review for land use planning, environmental studies, and infrastructure, managing consultants and agency permitting (e.g., Army Corps, Fish & Game), EIRs.

Project Manager
Stantec (formerly Thompson-Hysell Engineers), Modesto, CA 1997 – 2005
 Managed civil engineering and approvals for large residential developments in Stockton and San Joaquin County, overseeing up to 10 projects simultaneously.
 From entry level CAD technician, to designer, to Project Manager in 5 years, coordinating, reviewing and managing all aspects of client relations, contracts and improvement plan development and approvals. From boundary surveys and tentative maps to improvement plans and final map recordation.  Led a team of 15–20 employees, implementing company standards and training programs to enhance profitability and work quality.
 Built strong relationships with contractors, engineers, city and county personnel across much of the Central Valley among other jurisdictions.

Party Chief / Senior Drafting Technician
Kimball Surveying, Modesto, CA
1994 – 1997
 Designed master subdivision plans, plot plans and conducted GPS boundary surveys for residential and commercial developments.
 Managed office operations and 1–5 employees, supporting construction staking and topographic mapping.

Education
High School Diploma
Hilmar High School, Hilmar, CA
Graduated: June 1993
Additional Information
 Technical Skills: Proficient in AI, AutoCAD, Land Desktop, Heavybid (HCSS), Primavera, Microsoft Suite, Bluebeam, Adobe Acrobat.
 Industry Relationships: Extensive network across Northern California’s civil engineering, construction, and regulatory sectors.
 Personal Attributes: Personable, trustworthy, organized, and detail-oriented, with exceptional communication and leadership skills.
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 13, 2026
Date: December 12, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Director of Community and Economic Development SUBJECT: Reappointment to the Landmark Preservation Commission CONTACT: Jessica Hill, Director of Community and Economic Development [email protected] , 209-577-5267
DESCRIPTION:

Consider approving the reappointment of Mark Farrish to the City of Modesto Landmark Preservation Commission with a term expiring December 31, 2029. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

BACKGROUND:

The Landmark Preservation Commission (LPC) serves as an advisory group to the City Council on matters related to historic structures, in addition to policies and practices pertaining to preservation of City designated landmarks. The Landmark Preservation Commission is made up of seven (7) members, six (6) of the members are appointed by the City Council to 4-year terms, starting January 1st and ending 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:

Commissioner Mark Farrish was appointed on October 08, 2024, by Reso No. 2024-361, which gave a partial term ending on December 31, 2025. During his time on the Landmark Preservation Commission there have been a total of ten (10) meetings he was eligible to 1 https://library.municode.com/ca/modesto/codes/code_of_ordinances?nodeId=CHTR_ARTXIAPBOCO_S1102APTE #3..
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City Council Meeting, January 13, 2026
Reappointment to the Landmark Preservation Commission

Page 2 of 2 ends

attend, and Mark has attended nine (9) meetings. Mark Farrish is eligible to serve a first full term.

Commissioner Mark Farrish’s partial term ends on December 31, 2025, leaving a fullterm vacancy on the Landmark Preservation Commission. This vacancy should be fulfilled by a candidate with one of the following requirements (if possible): an architect or a person in building trades, experience in history, law, architectural history, planning, real estate, landscaping architecture, or has a background in finance, accounting or appraisals, a member of the Modesto Historical Society and the McHenry Museum or demonstrate an interest in historic properties and preservation. This is to be filled by the prospective candidates, subject to review by the Appointments Committee, as required by Council policy, and final approval by the City Council.

Outreach for the Landmark Preservation Commission vacancy included 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 two (2) applications for Landmark Preservation Commission, both candidates are registered voters in the City of Modesto, making them qualified for the Commission.

FISCAL IMPACT:

There is no fiscal impact related to this action.

COMMITTEE RECOMMENDATION:

On December 10, 2025, the Appointments Committee made a motion recommending the reappointment of Mark Farrish to the one (1) vacancy with a term expiring December 31, 2029, for the City of Modesto Landmark Preservation Commission and forwarding to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution reappointing Mark Farrish to the City of Modesto Landmark Preservation Commission with a term expiring December 31, 2029.

Approved by:

Jessica Hill, Director of Community &
Economic Development
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Landmark Preservation Commission Bylaws

3. Redacted Application
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01/13/2026/CED/JHill/Item 1 2026-XXX

MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XXX

RESOLUTION REAPPOINTING MARK FARRISH TO THE CITY OF

MODESTO LANDMARK PRESERVATION COMMISSION WITH A TERM
EXPIRING DECEMBER 31, 2029
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, Commissioner Mark Farrish’ s partial term expires on December 31, 2025; and
WHEREAS, the Appointments Committee met on December 10, 2025, and recommended the reappointment of Mark Farrish to the Landmark Preservation Commission.

NOW, THEREFORE, BE IT HEREBY RESOLVED by the Council of the City of Modesto that it herby reappoints Mark Farrish to the City of Modesto Landmark Preservation Commission with a term expiring December 31, 2029.

BE IT FURTHER RESOLVED, the City Clerk is hereby directed to transmit a copy of this resolution to the appointed member of the Modesto Landmark Preservation Commission, and the Secretary thereof.
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01/13/2026/CED/JHill/Item 2 2026-XXX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 13th day of January 2026, by Councilmember____, who moved its adoption, which motion being duly seconded by ______ 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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Rules and Regulations of
Landmark Preservation Commission
City of Modesto
February 27, 2017
1 RULES AND REGULATIONS
Of

LANDMARK PRESERVATION COMMISSION OF CITY OF MODESTO
ARTICLE I.

ORGANIZATION
Section 1.1 Establishment. The Landmark Preservation Commission of the City of Modesto, hereafter called “The Commission”, is established pursuant to the provisions of Chapter 10 of Title IX of the Modesto Municipal Code.

ARTICLE II.

POWERS AND DUTIES
Section 2.1 Enumerated. The Commission shall have the powers and duties as noted in Chapter 10 of Title IX and as contained in its enabling Ordinance No. 2619-CS and all subsequent ordinances amending Chapter 10 of Title IX.

ARTICLE III.

MEETINGS
Section 3.1 Regular Meetings. The regular meetings of the Commission shall be held at 1:00 p.m. on the third Monday 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 following Monday. If the following Monday falls on a holiday, the meeting shall be held on the next business day after the following Monday.

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 special meetings.

Section 3.2 Special Meetings. A special meeting may be called at any time by the Chairperson of the Commission whenever, in the Chairperson’s opinion, the public business may require it, or upon the written request of two (2) members of the Commission. Whenever a special meeting shall be called, written notice of such meeting shall be delivered personally or by mail by the office of the Secretary of the Commission to each member of the Commission #3..
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Rules and Regulations of
Landmark Preservation Commission
City of Modesto
February 27, 2017
2 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 Commission. The written notice may be dispensed with as to any member of the Commission who, at or prior to the time the meeting convenes, files with the Secretary a written notice of waiver. 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 meetings shall be held in the official Council Chamber of the City of Modesto or in such other location of the City as may be designated by the Landmark Preservation Commission.

Section 3.4 Quorum. A majority of the members of the Commission (four members of seven) shall constitute a quorum for the transaction of business, but fewer members than a quorum may adjourn from time to time.

Section 3.5 Meetings to be Public. All meetings of the Commission shall be open to the public.

Section 3.6 Seating and Roll Call Vote. Each quarter, the Chair may establish the order of seating of members. A roll call vote shall be taken upon the passage of all resolutions and be entered upon the journal of the proceedings of the Commission. 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 Commission is in order, the names of the members shall be called in the order seated, provided that the name of the presiding officer shall be called last. All members present shall be required to vote, unless a member has a conflict of interest which requires abstention from voting. The affirmative or negative vote of a majority of the entire membership of the Commission shall be necessary for it to take action.

Section 3.7 Attendance. Regular attendance at all meetings of the Commission is required of all members to enable the Commission to discharge the duties imposed upon it by law. If a member is absent from three (3) regular meetings of the Commission consecutively, without securing the permission of the Commission expressed in its official minutes, the member shall be deemed to have resigned from the Commission, 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 Commission, the Secretary shall arrange an agenda of the matters to be considered by the Commission at its next meeting together with a report outlining all known facts in each case to be considered by the Commission, 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 Commission, the City Manager, and the City Attorney prior to #3..
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Rules and Regulations of
Landmark Preservation Commission
City of Modesto
February 27, 2017
3 the Commission 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 Commission unless (a) a majority of the Commission present determine that an emergency situation exists, or (b) the Commission 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 arose 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 Commission 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 Commission 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 a previous Commission meeting is requested by a member of the Commission, such minutes may be approved without reading if the Secretary has previously furnished each member of the Commission with a copy thereof.

ARTICLE IV.

OFFICERS
Section 4.1 Enumerated. The officers of the Commission shall be:

A Chairperson, whose duties shall be to preside at all meetings and call special meetings; and
A Vice-Chairperson, who shall, in the absence of the Chairperson, perform the duties of the Chairperson.

If both are absent, a Chairperson, Pro tempore, shall be elected by the Commissioners present at a given meeting.

Section 4.2 Election of Officers. As soon as practical following the first day of January of each year, the Commission shall elect a Chairperson and Vice-Chairperson.

ARTICLE V.

PROCEDURES, POWERS, DUTIES, AND STAFF
Section 5.1 Designated. The provisions of the Municipal Code of the City of Modesto pertaining to procedures, powers, duties, and staff shall prevail. The City Manager shall designate staff to serve as Secretary to the Commission. The Secretary shall keep a written record of all business transacted by the Commission, notify Commission members of meetings, and keep the official records of the Commission. Upon the direction of the Commission, the Secretary shall perform such other secretarial duties as the Commission may require. #3..
- 67 -
Rules and Regulations of
Landmark Preservation Commission
City of Modesto
February 27, 2017
4 ARTICLE VI.

PARLIAMENTARY PROCEDURE
Section 6.1 Rules of Order. Except as otherwise provided in these rules and regulations, all meetings of the Commission shall be conducted in accordance with the City’s Rules of Order as contained in Section 2-1.10 of the Modesto Municipal Code.

ARTICLE VII.

COMMITTEES
Section 7.1 Special Committees. There shall be such special committees as the Commission may establish from time to time.

ARTICLE VIII.

PUBLIC HEARINGS
Section 8.1 Public Hearing Procedures. The following rules shall govern the conduct of public hearings.
(a) All hearings will be recorded by mechanical means. If a court reporter is desired for a verbatim transcript, the fee or fees of such court reporter shall be paid by the party requesting the 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 report prepared in advance of the hearing by the staff will be presented by a member of the staff. As a part of this presentation, suitable large-scale plot plans, photos and other graphics of the project may be identified and placed in view of the Commission and all persons attending the hearing. (d) At the conclusion of the presentation by the staff, the applicant and then the proponents may make a presentation, including calling witnesses and presenting any material exhibits, documents or other physical evidence. Reading at length from books and other written material will not be permitted.
(e) At the conclusion of the presentation by the applicant and proponents, any persons who oppose the application may make a presentation, including calling witnesses and presenting any material exhibits, documents or other physical evidence. Reading at length from books and other written material will not be permitted. #3..
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Rules and Regulations of
Landmark Preservation Commission
City of Modesto
February 27, 2017
5 (f) All exhibits, documents or other physical evidence used by applicant or other interested parties during the hearings, will become part of the record and retained by the Secretary 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 for the record before making a presentation.
(h) The right to question the witnesses shall be afforded, if requested.

However, the Chairperson may require that such questions be addressed through the Chairperson 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 may unduly prolong a public hearing and cloud the basic issue if the comments presented are merely cumulative and repetitious. Therefore, whenever necessary, the Chairperson will state that cumulative and repetitious comments are to be avoided and may limit the time allocated for persons who wish to speak. Similarly, testimony and comments which are incompetent, irrelevant or immaterial shall be foreclosed by the Chairperson. If, because of the informality of the hearing, such improper comments are received, it shall not be considered by the Commission in reaching its decision. (k) The Commission 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 Chairperson will ask for the recommendation of the staff and the reasons for such recommendation. After such recommendation, one spokesperson for the applicant and one spokesperson for the opponents shall be given a limited amount of time to summarize their position or respond to the recommendation, after which the Chairperson shall close the public portion of the hearing.
(m) The Commission should discuss the issues involved and make its decision only after hearing the evidence presented at the public hearing. Discussion of the matter by Commission members should be delayed until after the public hearing is closed and the matter is presented to the Commission for discussion and decision. (n) The Commission 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 Commission and all interested persons will be afforded the opportunity to #3..
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Rules and Regulations of
Landmark Preservation Commission
City of Modesto
February 27, 2017
6 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 Commissioner has personal knowledge of the property or area, the Commissioner 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) Commissioners are responsible for ensuring that the public hearing is conducted in a fair and impartial manner. If a Commissioner receives a significant personal contact or telephone call outside of the public hearing which concerns a matter pending before or of interest to the Landmark Preservation Commission, 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 Commission by an applicant or member of the public, a copy should 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 Commissioner, whichever is earliest. (p) Summary of Procedure for Conduct of Public Hearings by the Modesto Landmark Preservation Commission:

1. Opening of public hearing

2. Staff report

3. Applicant’s presentation

4. Presentation by those in favor

5. Presentation by those opposed

6. Staff recommendation

7. Summation by one spokesperson for the applicant and one spokesperson for the opposition

8. Close of public portion of hearing

9. Discussion and decision by the Commission
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- 70 -
Boards, Commissions and Committees Application
09/24/2025 9:48 AM (PDT)
Advisory Boards and Commissions Application
City of Modesto

Landmark Preservation Commission
The Landmark Preservation Commission advises City Council on matters related to historic structures and other resources in addition to policies and practices pertaining to preservation of Modesto's landmarks.

Membership Requirements:

In order to serve on this commission, an applicant must be a registered voter in the City of Modesto and should have professional skills and/or a demonstrated interest in historical preservation. The voting members should be selected from
the following:

At least one member should be an architect, or if an architect should not be available, an experienced person of the building trades.

At least one member should be a professional or experienced person in the areas of history, architectural history, archaeology, planning, real estate, design, building trades, landscape architecture or law.

At least one member should be a person with a background in finance, accounting, appraising or related field.

At least one member should be a member of the McHenry Museum and Historical Society.

The other member shall be drawn from persons with a demonstrated interest and/or expertise in historical preservation; and
One member should also be a member of the Modesto Culture Commission and would serve on both commissions alternatively, a person recommended by the Culture Commission may be appointed by the City Council to serve only on the Landmark Preservation Commission.

Read full ByLaws, membership requirements and view current members and vacancies.

Reserving on LMPC
Yes

Yes

Landmark Preservation Commission
Submission ID: 44371cef-edaf-45a7-bf9e-123daf46efe1 Page 1/7 #3..
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10/21/2024
12/31/2025
Submission ID: 44371cef-edaf-45a7-bf9e-123daf46efe1 Page 2/7 #3..
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Applicant Information & Background
Mark
Farrish Jr
Truck driver 18 wheeler
Modesto
California
95350
9th grade some college
Document Uploads
You may upload a cover letter and resume to outline your educational, work and community service experiences.

Submission ID: 44371cef-edaf-45a7-bf9e-123daf46efe1 Page 3/7 #3..
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Qualifications
I understand that I must be a registered voter in the City of Modesto to apply for this committee or commission.

Yes

Truck driver

From a friend

Land Mark Preservation Commission
The old buildings keeping our Heritage

Open mind
Submission ID: 44371cef-edaf-45a7-bf9e-123daf46efe1 Page 5/7 #3..
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Questionnaire

Other (Please specify)
Friend
Submission ID: 44371cef-edaf-45a7-bf9e-123daf46efe1 Page 6/7 #3..
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Signature Agreement
09/24/2025
Application Disclosure
Members of the City Advisory Groups must disclose financial interests, including investments, businesses, and rental properties. Members are required to file Statements of Economic Interest when they assume office, annually, and upon leaving office.

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: 44371cef-edaf-45a7-bf9e-123daf46efe1 Page 7/7 #3..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 13, 2026
Date: December 17, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Director of Engineering Services/City Engineer SUBJECT: StanCOG Measure L Citizens’ Oversight Committee Representative Appointment CONTACT: Toby Wells, Director of Engineering Services/City Engineer, [email protected], 209-571-5542
DESCRIPTION:

Consider approving the reappointment of Craig Lewis to the StanCOG Measure L Citizens’ Oversight Committee to represent the City of Modesto for a three-year term. (Funding Source:

Not Applicable)
STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s 2025-2026 Strategic Plan – 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:

In November 2016, Stanislaus County Voters approved a county-wide, 25-year, half-cent sales tax increase known as Measure L. The tax increase went into effect on April 1, 2017 and recieves payments on a quarterly basis.

The adopted Measure L Ordinance requires an independent Citizens’ Oversight Committee to oversee compliance with the voter approved tax measure.

The Measure L Citizens’ Oversight Committee (MLOC) candidates are chosen by the City Council or Board of Supervisors they represent.

The purpose of this Committee will be to represent the City and:
 Ensure all transportation revenue collected from Measure L is spent in accordance with the Measure L Ordinance and Expenditure Plan.  Hold public meetings as necessary regarding the expenditure and status of funds generated by Measure L.
 Review independent audits of the expenditure of tax funds and implementation of the programs and projects in the Expenditure Plan; and #4..
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City Council, January 13, 2026
StanCOG Measure L Citizens’ Oversight Committee Representative Appointment

Page 2 of 2 ends

 Issue an annual report on its findings regarding compliance with the requirements of the Expenditure Plan and the Ordinance to the StanCOG Board.

On August 2, 2017, by Resolution No. 2017-292, Council appointed Craig Lewis to the StanCOG Measure L Citizens’ Oversight Committee for a five-year term.

On September 27, 2022, by Resolution No. 2022-392, Council reappointed Craig Lewis to a second term of three years. Due to the expiration of the term, this vacancy needs to be filled.

DISCUSSION:

Craig Lewis recently completed serving his second term as a representative of City of Modesto in the StanCOG Measure L Citizens Oversight Committee. During his initial 5-year term, Craig Lewis provided valuable input during meetings, served as a MLOC Chairperson, and presented the Measure L annual report letter to the Policy Board.

Craig Lewis is eligible for reappointment to serve a third three-year term and has expressed interest in continuing his role. If reappointed, Craig Lewis will represent the City of Modesto in the StanCOG Measure L Citizens Oversight Committee.

FISCAL IMPACT:

There is no fiscal impact associated with the appointment action.

COMMITTEE RECOMMENDATION:

Two (2) applications were reviewed by the Appointments Committee on December 10, 2025, and the Committee recommended forwarding the reappointment of Craig Lewis to City Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the reappointment of Craig Lewis to the StanCOG Measure L Citizens’ Oversight Committee to represent the City of Modesto for a three-year term.

Approved by:

Toby Wells, Director of Engineering Services
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Application

3. Letter from StanCOG

4. Matrix
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1/13/2026/ESD//TWells/Item? 1 2026-??

MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX

RESOLUTION APPROVING THE REAPPOINTMENT OF CRAIG LEWIS
TO THE STANCOG MEASURE L CITIZENS’ OVERSIGHT COMMITTEE

TO REPRESENT THE CITY OF MODESTO FOR A THREE-YEAR TERM
WHEREAS, in November 2016, Stanislaus County Voters approved a countywide, 25-year, half-cent sales tax increase known as Measure L which went in effect on April 1,2017; and
WHEREAS, the adopted Measure L Ordinance requires an independent Citizens’ Oversight Committee to oversee compliance with the voter approved tax measure; and WHEREAS, the Measure L Citizens’ Oversight Committee (MLOC) candidates are chosen by the City Council or Board of Supervisors they represent; and WHEREAS, on August 2, 2017, by Resolution No. 2017-292, Council appointed Craig Lewis to the StanCOG Measure L Citizens’ Oversight Committee for a five-year term; and
WHEREAS, on September 27, 2022, by Resolution No. 2022-392, Council reappointed Craig Lewis to a second term of three years; and WHEREAS, Craig Lewis is eligible for reappointment to serve a third three-year term and has expressed interest in continuing his role.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby reappoints Craig Lewis to the StanCOG Measure L Citizens’ Oversight Committee for a three-year term.

BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit a copy of this resolution to the Secretary of the Committee, thereof. #4..
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1/13/2026/ESD//TWells/Item? 2 2026-??
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 13th day of January, 2026, 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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1111 I Street, Ste 308
Modesto, CA 95354
209.525.4600 Main
209.558.7833 Fax
www.stancog.org
Member Agencies

City of Ceres

City of Hughson

City of Modesto

City of Newman

City of Oakdale

City of Patterson

City of Riverbank

City of Turlock

City of Waterford

Stanislaus County

Policy Board Chair
Buck Condit

Policy Board Vice-Chair
George Carr

Interim Executive
Director
Kate Miller
November 16, 2025
Mr. Joe Lopez, City Manager
City of Modesto
Via email [email protected]
Dear Mr. Lopez:

The Measure L Ordinance, passed by Stanislaus County voters in November 2016, established the Measure L Oversight Committee (MLOC) to provide citizen oversight of the use of Measure L half-cent transportation sales tax revenues in the Stanislaus region.

The MLOC is a standing committee of the Stanislaus Council of Governments (StanCOG) acting as the Stanislaus County Transportation Authority. Each city in Stanislaus County and County appoints a member resident from its jurisdiction to serve on the MLOC.

Responsibilities of committee members include attending quarterly meetings, reviewing compliance reports and annual audits for the region, and issuing an annual report to the StanCOG Policy Board.

Currently, Mr. Craig Lewis is serving as the representative for the City of Modesto. During his initial appointment, which was for a five-year term, Mr. Lewis has provided valuable input during meetings, served as the MLOC Chairperson, and presented the Measure L annual report letter to the Policy Board. His second term concluded at the end of September 2025. He is eligible to be reappointed for a three-year term by the Modesto City Council and has expressed interest in continuing in this role.

Carolyn Neumann has recently applied to represent the City of Modesto. She has expressed interest in both the North County Corridor and State Route 132 West projects.

Please let me know if the City of Modesto will be reappointing Mr. Lewis to the MLOC or if you would like to consider Ms. Neumann.

If he is reappointed, the StanCOG Policy Board would then take action to accept the reappointment.

Should you have any questions or need additional information, please call me at (209) 525- 4631 or email at [email protected].

Sincerely,
Shannon Silva
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Office Supervisor
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Candidate Craig Lewis
Apply To StanCOG Measure L Oversight Committee
Occupation Real Estate Broker
Employer Lewis Capital Advisors (owner)
Education College Graduate
How long have you lived in the County? 40 years
Are you a registered voter in Stanislaus County? Yes
What Juridiction do you live? City of Modesto
Do you have any possible conflict of interest with respect to the allocation of Measure L revenues? If so, please explain No
Are you currently an elected or appointed officer of any public entity? (Note: All public officers shall complete an intent to resign form.) If so, explain. No Are you related to or closely associated with any elected officeal or public employee? If so, please state the nature of the association. NO
Have You ever been convicted of malfeasance in office, or of any felony? If so, please explain. No
As a member of any profession or organization, or as a holder of any office, have you ever been suspended, disbarred, or otherwise disqualified? If so, please explain. no Do you personally have any past or pending issues related to development or transportation in Stanislaus County or any City in the County? If So, please explain. no Have you every been involved in a lawsuit with StanCOG? If so, please explain. no Do you possess research abilities, including the capability to assess and analyze facts? Yes Is there any reason that you may be biased and not objective if you are chosen to serve as a member of the Measure L Oversight Committee? no
While no specific time commitment is pretermined, are you willing to make a conscientious effort for a period of three years to give membership on this committee a priority and participate as necessary?
Yes
If you are presently active or have been active in the past five years in any organization, please gibe the organization name, nature of you activities and duties, and appropriate dates.

Modesto Chamber of Commerce Board Member (Present), Stanislaus Community Foundation Chair (Present), Alliance Board (2010-2016) ESD Note: Mr. Lewis has been a member of the StanCOG Measure L Oversight Committee since it's inception.

In what Transportation-related activities have you been involved? Chairman of the Economic Development Comm. At Chamber, Exec.

Comm. Of the Measure L campaign in 2016, 2008, and 2006. ESD Note: Mr. Lewis has been a member of the StanCOG Measure L Oversight Committee since it's inception.

What do you know about Measure L
Much. Part of the campaign to pass Measure L ESD Note: Mr. Lewis has been a member of the StanCOG Measure L Oversight Committee since it's inception. In addition, he has been a member of the City of Modesto's Measure L Commission since June 2024.

What specialized skill or expertise would you bring to the Measure L Oversight Committee?
Owner of a Multi-Million $ business watching funds expended fo 30+ years. Involved in leadership of 5-6 Community Boards over the same period.

Why do you wish to be considered for membership on the Measure L Oversight Committee?
Involved in trying to pass a Transportation Tax for the past 20+ years in Stanislaus County. Now that it has passed I would like to make sure that it is spend as designed by the Measure.
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 13, 2026
Date: December 17, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Director of Engineering Services/City Engineer SUBJECT: Measure L Citizens’ Transportation Sales Tax Commission Appointment CONTACT: Toby Wells, Director of Engineering Services/City Engineer, [email protected], 209-571-5542
DESCRIPTION:

Consider approving the appointment of Carolyn Neumann to the Measure L Citizen’s Transportation Sales Tax Commission for a four-year term from July 1, 2025 to June 30, 2029. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

Section 1102 of the Charter of the City of Modesto authorizes the City Council to appoint members to various Boards and Commissions with the recommendation of the City’s Appointments Committee. The purpose of the Measure L Citizen’s Transportation Sales Tax Commission is to provide oversight of the collection and spending of tax revenue generated by Measure L (Ordinance No. 3796-C.S.).

Pursuant to Citizen’s Transportation Sales Tax Commission Ordinance 3796-C.S. and adopted Bylaws, the Commission shall consist of nine (9) qualified city residents.  One (1) from each City Council Districts
 Three (3) at large from anywhere within the city limits.

Strong consideration shall be given to composing the Commission of:
 a bona fide local taxpayer's association;
 a bona fide local nonpartisan political organization;  a bona fide Modesto Neighborhood;
 a bona fide association representing business such as a chamber of commerce; #5..
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City Council, January 13, 2026
Measure L Citizens’ Transportation Sales Tax Commission Appointment

Page 2 of 3 ends

 a member from a large business located in the City;
 a member from a small business located in the City; and  a member from a bona fide labor union with members residing in the City.

On April 11, 2023, City Council approved Resolution No. 2023-169 adopting the Bylaws for the Measure L Citizen’s Transportation Sales Tax Commission. The adopted Bylaws provide the terms of office and allow for the reappointment for up to two terms.

On June 10, 2025, City Council approved Ordiance No. 3796-C.S. and Resolution No. 2025-197 amending the Ordinance and Bylaws for the Measure L Citizen’s Transportion Sales Tax Commission. The amended Ordinance and Bylaws changed the Commission from eleven members to nine members and includes extending the number of consective four-year terms to three from two under the Terms of Office section.

DISCUSSION:

Citizen’s Transportation Sales Tax Commission has several seats open for new appointments.

A summary of the current filled and vacant seats, by representation, is listed and explained below:

Seat Representing Status
1 District 1 Vacant
2 District 2 Vacant
3 District 3 Incumbent
4 District 4 Incumbent
5 District 5 Incumbent
6 District 6 Vacant
7 At Large Incumbent
8 At Large Incumbent
9 At Large Incumbent
Vacancies: There are currently three (3) seats that remain vacant due to lack of applicants and previous members’ terms ending. Staff has initiated the recruitment process to fill the vacancies. Due to those efforts, we have received one (1) application.

Carolyn Neumann meets the minimum requirements for the commission and is a resident of District 2.

FISCAL IMPACT:

There is no fiscal impact associated with the appointment action.

COMMITTEE RECOMMENDATION:

This item was reviewed by the Appointments Committee on December 10, 2025, and the Committee recommended forwarding the appointment of Carolyn Neumann to City Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the appointment of Carolyn Neumann to the Measure L Citizen’s Transportation Sales Tax Commission for a four-year term from July 1, 2025 to June 30, 2029. #5..
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City Council, January 13, 2026
Measure L Citizens’ Transportation Sales Tax Commission Appointment

Page 3 of 3 ends

Approved by:

Toby Wells, Director of Engineering Services
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Bylaws

3. Applications

4. Matrix

5. Resume
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1/13/2026/ESD//TWells/Item? 1 2026-??

MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX

RESOLUTION APPROVING THE APPOINTMENT OF CAROLYN NEUMANN TO THE MEASURE L CITIZEN’S TRANSPORTATION SALES TAX
COMMISSION FOR A FOUR-YEAR TERM FROM JULY 1, 2025 TO JUNE 30, 2029
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, by Resolution No. 2023-169 adopted the Bylaws for the Measure L Citizen’s Transportation Sales Tax Commission; and
WHEREAS, the adopted Bylaws provide the terms of office and allow for the reappointment for up to two (2) terms; and
WHEREAS, by Ordinance No. 3796-C.S. and Resolution No. 2025-197 the Ordinance and Bylaws for the Measure L Citizen’s Transportation Sales Tax Commission were amended to change the Commission from eleven (11) members to nine (9) members and includes extending the number of consecutive four-year terms to three from two under the Terms of Office section; and
WHEREAS, Citizen’s Transportation Sales Tax Commission has (3) three seats open for new appointments; and
WHEREAS, staff has initiated the recruitment process to fill the vacancies resulting in (1) one new application; and
WHEREAS, applicant, Carolyn Neumann meets the minimum requirements for the commission; and
WHEREAS, on December 10, 2025, the Appointments Committee recommended the appointment of Carolyn Neumann, the vacant seat to the Measure L Citizen’s #5..
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1/13/2026/ESD//TWells/Item? 2 2026-??
Transportation Sales Tax Commission for a 4-year term from July 1,2025 to June 30, 2029.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby appoints Carolyn Neumann to the Measure L Citizen’s Transportation Sales Tax Commission for a four-year term from July 1, 2025 to June 30, 2029.

BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit a copy of this resolution to the appointed members of the Citizen’s Transportation Sales Tax Commission, thereof.
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1/13/2026/ESD//TWells/Item? 3 2026-??
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 13th day of January, 2026, 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 ends

Exhibit A

CITIZENS' TRANSPORTATION SALES TAX COMMISSION
BYLAWS
(Approved by City Council: April 11, 2023, Resolution No. 2023-169) (Amended by City Council: June 10, 2025, Resolution No. 2025-197) #5..
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Page 2 ends

Article I. Definitions
Section 1.01 The City Council established a Commission known and designed as the Citizens’ Transportation Sales Tax Commission.

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 Citizens’ Transportation Sales Tax Commission.
(b) “Commission” shall mean the Citizens’ Transportation Sales Tax Commission.

Article II. Duties
Section 2.01 Pursuant to MMC 8-10.101(a):
“A Citizen’s Transportation Sales Tax Commission, hereinafter “Commission,” is hereby established for the purpose of providing oversight of the collection and spending of tax revenue from any local transportation sales tax. For purposes of this chapter, a “local transportation sales tax” is defined as a sales tax imposed on City residents for purposes of generating funds to specifically fund the City’s transportation plan; any local tax used to fund general services in the City is not a “local transportation sales tax.” The first such Commission shall be appointed by the Council no later than ninety (90) days from the effective date of the passage of any local dedicated tax imposed for transportation purposes. The Commission shall regularly meet and make recommendations to the Council to provide oversight of any transportation tax then in effect.” Section 2.02 Pursuant to MMC 8-10.101 (b):
“The duties of the Commission shall include, but not be limited to, the following:
(1) Reviewing the annual work plan and priorities for revenue derived from any transportation sales tax then in effect; #5..
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Page 3 ends

(2) Analyzing and commenting on any proposed items in the City budget that would lessen the City’s its commitment to road and street funding from sources of revenue other than any transportation sales tax then in effect;
(3) Reviewing any policies, standards or similar measures that the City uses to set priorities for where revenues from any transportation sales tax then in effect are to be spent; (4) Reviewing any proposals for the City to use bond or similar financing secured by revenues from any transportation sales tax then in effect;
(5) Reviewing any policies, standards or similar measures that the City uses to determine whether work funded by the tax shall be done “in-house” or through outside contracts; and,
(6) Reviewing any other matter the Council deems appropriate related to any local transportation sales tax. The Council shall appropriate adequate funds for the work of the Commission.” Article III. Membership of Commission
Section 3.01 Pursuant to MMC 8-10.102:
“The Commission shall consist of nine (9) qualified electors residing within the City and shall be appointed by the City Council by resolution pursuant to the provisions below:
(a) Be a citizen of Modesto
(1) one (1) citizen from each City Council District;

(2) three (3) at large citizens from anywhere within the city limits.
(b) Strong consideration shall be given to composing the Commission of representation from:
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(1) a bona fide local taxpayer’s association with taxexempt status under the relevant provisions of the Internal Revenue Code;
(2) a bona fide local nonpartisan political organization, with tax-exempt status under Section 501(c)(3) of the
Internal Revenue Code, dedicated to encouraging
informed and active participation in government;
(3) a bona fide Modesto Neighborhood Associations or
organizations with similar purposes with tax-exempt
status under Section 501(c)(3) of the Internal Revenue
Code;
(4) a bona fide association representing business such as a chamber of commerce;
(5) a member from a large business located in the City; (6) a member from a small business located in the City; (7) a bona fide labor union with members residing in the City; and,
(c) No member of the Commission shall be a relative by blood or marriage within the second degree of the Mayor, a member of the Council, any Charter officer, or any department head or deputy department head.
(d) No member of the Commission shall be an employee of the City nor any bargaining unit for employees of the City, nor be a person who receives compensation from the City or from bargaining units of the City in any manner, except retirement benefits.
(e) No member of the Commission shall be a lobbyist or other person with business before the City that represents an economic interest in excess of the limit for material financial effect as established by state law.
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(f) Members of the Commission shall serve without
compensation.
(g) Each Commissioner shall be appointed to a four-year term unless the appointment is to fill a vacancy.

Section 3.02 All Members must complete a Statement of Economic Interest (Form 700) and AB 1234 ethics training by April 1 of each year and when assuming or leaving Commission membership.

Article IV. Terms of Office
No Commissioner shall serve more than three consecutive four year terms on the Commission.

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

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

Article VI. Officers and Their Duties
Section 6.01 The Commission shall elect from among its membership a Chairperson, and a Vice Chairperson. The term of office shall be one year.

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

Section 6.03 The Chairperson shall preside at all meetings, shall appoint, with the consent of the Commission, all ad-hoc Commissions, and shall ensure that the bylaws, rules and regulations as adopted by the Commission are properly enforced. #5..
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Section 6.04 The Vice Chairperson shall assist the Chairperson in his/her duties and in the absence of the Chairperson shall perform all duties usually performed by the Chairperson.

Section 6.05 The Commission Secretary shall be a City staff member, appointed by the Community & Economic Development Department, to serve as secretary to the Commission. The Commission Secretary shall keep a record of the minutes of all Commission meetings and such other duties as are usually performed by a secretary. An audio recording shall be made at all meetings, retained pursuant to the City’s record retention policies, and shall be made available to all Commissioners by request.

Article VII. Meetings
Section 7.01 Regular meetings of the Commission shall be held not less than at least quarterly, at Tenth Street Place, 1010 Tenth Street Modesto, California.

Section 7.02 Special meetings shall be called by the Chairperson as necessary, in consultation and coordination with the Commission Secretary.

Section 7.03 Meetings may be cancelled by agreement of the Chairperson and Vice Chairperson in coordination with the Commission Secretary.

Section 7.04 Notices of all meetings, including agendas, shall be given to all Members of the Commission, to the City Clerk, to the City Manager, and to all others as provided by law.

Section 7.05 All meeting agendas will be posted at Tenth Street Place.

Section 7.06 All meetings shall comply with the requirements of the Ralph M. Brown Act.

Section 7.07 A quorum is necessary for the Commission to transact any business. A quorum is a majority plus one of appointed members.

Section 7.08 All meetings of the Commission 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
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Section 8.01 The Standard Code of Parliamentary Procedure shall be the guide for the parliamentary procedures in the conduct of Commission 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) Commission Comments & Reports
(h) Matters Too Late For the Agenda
(i) Adjournment
Article IX. Amendments
Section 9.01 The Bylaws and any future amendments shall be subject to the approval of the City Council and shall not and are not intended to go beyond any of the powers and duties given to the Commission by the City Council nor contradict MMC 8-10. 2981909.4
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Boards, Commissions and Committees Application
11/18/2025 7:58 PM (PST)
Advisory Boards and Commissions Application
City of Modesto

Citizens Transportation Sales Tax Commission
The Citizens Transportation Sales Tax Commission responsibilities are:

1. Reviewing the annual work plan and priorities for revenue derived from any transportation sales tax then in effect;

2. Analyzing and commenting on any proposed items in the City budget that would lessen the City's commitment to road and street funding from sources of revenue other than any transportation sales tax then in effect;

3. Reviewing any policies, standards or similar measures that the City uses to set priorities for where revenues from any transportation sales tax then in effect are to be spent;

4. Reviewing any proposals for the City to use bond or similar financing secured by revenues from any transportation sales tax then in effect;

5. Reviewing any policies, standards or similar measures that the City uses to determine whether work funded by the tax shall be done "in-house" or through outside contracts; and,

6. Reviewing any other matters the Council deems appropriate related to any local transportation sales tax. The Council shall appropriate adequate funds for the work of the Commission.

The Commission consists of 11 members.

Read full ByLaws, membership requirements and view current members and vacancies.

District 2
No
No

No
Submission ID: cb467753-20cc-4e9d-9303-c4b510a0362e Page 1/6 #5..
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Qualifications

I was on the 2024-2025 Stanislaus County Civil Grand Jury that produced the report on the challenges and deficiencies of StanCOG as an organization.

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final-consolidated-report.pdf

Through my service as a juror.

I am currently on the board for the Stanislaus County Taxpayer Association, which provides citizen oversight of local government entities as well as provides civics education to the public.

I volunteer for the United Way in emergencies, such as the Flooding of Merced/Planada in 2023, drive thru vaccination sites for essential workers in March/April 2021 as well as drive-thru test kit distribution in November 2021.

In the course of my civil grand jury service, I became familiar with the policies and procedures of Measure L, as well as the importance and value it provides. Hence why meaningful and engaged oversight is required. I have come to care about the success of Measure L greatly.

I have dedicated much of my life to service for my community. I have a good mind for systems, and have realistic expectations for how transportation planning works and what the costs are. I am trained in myriad cooperation and de-escalation techniques.

Submission ID: cb467753-20cc-4e9d-9303-c4b510a0362e Page 4/6 #5..
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Questionnaire

Other (Please specify)
Civil Grand Jury Service
Submission ID: cb467753-20cc-4e9d-9303-c4b510a0362e Page 5/6 #5..
- 106 -
Signature Agreement
11/18/2025
Application Disclosure
Members of the City Advisory Groups must disclose financial interests, including investments, businesses, and rental properties. Members are required to file Statements of Economic Interest when they assume office, annually, and upon leaving office.

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: cb467753-20cc-4e9d-9303-c4b510a0362e Page 6/6 #5..
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Candidate Carolyn Neumann
Apply To Citizens' Transportation Sales Tax
Commission
Occupation Notary Public
Employer
Education Moraine Valley Community College, Eastern
Illinois University
District2
What vacancy are you
interested in? District 2
Are you currently
serving on this board? No
Have you previously
served or are you
currently serving on a
Board, Committee, or
Commission for the
City of Modesto?
No
List relevant
employment,
training, and
experience,
certificates of
training, licenses, and
professional
registration.

I was on the 2024-2025 Stanislaus County
Civil Grand Jury that produced the report on
the challenges and deficiencies of StanCOG
as an organization.Page 75:
https://www.stanislaus.courts.ca.gov/syste
m/files/general/2024-2025-finalconsolidated-report.pdf Explain how you
learned about the
board or commission
you are applying for
Through my service as a juror.

Describe your
involvement in
community activities
and civic
organizations. (Do not
list partisan political
parties.)
I am currently on the board for the
Stanislaus County Taxpayer Association,
which provides citizen oversight of local
government entities as well as provides
civics education to the public. I volunteer for
the United Way in emergencies, such as the
Flooding of Merced/Planada in 2023, drive
thru vaccination sites for essential workers
in March/April 2021 as well as drive-thru
test kit distribution in November 2021.

What is it about this
position that interests
you?
In the course of my civil grand jury service, I
became familiar with the policies and
procedures of Measure L, as well as the
importance and value it provides. Hence
why meaningful and engaged oversight is
required. I have come to care about the
success of Measure L greatly.

What qualities,
experience, and
expertise would you
bring to it?
I have dedicated much of my life to service
for my community. I have a good mind for
systems, and have realistic expectations for
how transportation planning works and
what the costs are. I am trained in myriad
cooperation and de-escalation techniques.
#5..
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Carolyn Neumann
Expertise
⬥ Planning & Organizing ⬥ Adobe, Corel, Docusign ⬥ Read/Write/Speak German ⬥ Scheduling ⬥ Salesforce ⬥ Teaching & Training
⬥ Public Speaking ⬥ Point of Sales System, Micros ⬥ Community Involvement ⬥ Project Management ⬥ HIPAA Regulation Experience ⬥ Leader with Teamwork Focus ⬥ Event Management ⬥ Pandemic Volunteer ⬥ Fiction Author Experience
Civil Grand Juror ⬥ 2024 -2025 ⬥ Stanislaus Civil Grand Jury ⬥ Modesto, CA ⬥ Investigation, report writing, and interview lead
⬥ Experienced with local government hierarchy, function, and planning principles ⬥ Roberts Rules of Order, local, state, and federal laws and statutes Notary Public ⬥ 2018-Present ⬥ Secretary of State of California ⬥ Modesto, CA ⬥ Public service and engagement
⬥ Document and identity security
Election Volunteer ⬥ 2023-Present ⬥ Stanislaus Clerk/Recorder ⬥ Modesto, CA Election Official ⬥ 2017-2023 ⬥ Merced Board of Elections ⬥ Merced, CA ⬥ Public service and engagement
⬥ Anticipate needs for peers, site, and voters and respond in timely fashion ⬥ Security for persons and documents
Executive Assistant ⬥ 2013 - 2017 ⬥ McDevitt BCG, LLC ⬥ Oak Brook, IL ⬥ Professional and personal assistant to Senior Managing Director/Owner of the Company ⬥ Managed day-to-day operations including scheduling 5-15 appointments weekly and synchronized yearly renewal processes
⬥ Coordinated travel arrangements locally, nationally, and internationally ⬥ Complete projects as assigned including creating employee handbooks and local reference process guides ⬥ Self-taught software including Windows Movie Maker and Salesforce ⬥ Maintained records and answered questions for 600+ employees among 20+ companies Event Coordinator, Manager ⬥ 2012 to 2013 ⬥ Aunt Nina's SweetsNTreats ⬥ Crest Hill, IL ⬥ Supervisory responsibility for 20+ employees and over 7000+ square feet of sales floor ⬥ Located and coordinated external revenue generating events each week increased by 300% ⬥ Store doubled revenue during the course of my first six months as Event Coordinator ⬥ Created digital and analog inventory infrastructure including management process systems and forms #5..
- 109 -
⬥ Designed and administered social and print media including mass emails, text club, mailings, Facebook, search engine results, and online reviews
⬥ Developed and maintained relationships with community and social organization leaders, business owners, local government officials, and their support staff
⬥ Participated and hosted functions for community groups, Crest Hill and Joliet Regional Chambers of Commerce, Will Buy Local, and the Women's Council
Education
Eastern Illinois University ⬥ Charleston, IL
⬥ Areas of Study: Biology with a focus in Ecology and Evolution, Education with coursework in Special Education, German, Communications; full ride on Forensics Scholarship ⬥ Volunteerism: South Suburban PADS Homeless Shelter Job Training Moraine Valley Community College ⬥ Palos Hills, IL
⬥ Areas of Study: Biology, Education, Communications, Theater ⬥ Volunteerism: South Suburban PADS Homeless Shelter Job Training; Shepard High School Swimming & Diving Coach
⬥ Activities: theater, stagecraft; competed in Forensics (competitive public speaking) and received Regional Bronze Medal and competed in Phi Rho Pi Forensics Nationals; initiated into Alpha Psi Omega (theater honors society) References available upon request
#5..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 13, 2026
Date: December 16, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jeremy Rogers, Director of Parks, Recreation and Neighborhoods SUBJECT: Appointments to the Culture Commission
CONTACT: Valerie Garcia, Administrative Analyst II, [email protected], 209-571-5576
DESCRIPTION:

Consider approving the appointments of Shannon Stevens, Dominique Johnson, and Sandra Hilton Kaepp for a term expiration of December 31, 2029, on the City of Modesto Culture Commission. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:

This item is consistent with the following 2025-2026 Strategic Plan Areas of Focus: Governance and Service Delivery and Economic Vitality.

BACKGROUND:

The Culture Commission’s mission is to enhance the quality of life of the people of Modesto by making the city a more culturally and aesthetically enjoyable place to live. The Culture Commission acts as an advisory body to the City Council and the City Manager in all matters pertaining to art, literature, music, and other cultural activities as well as promoting the preservation of historic sites, landmarks, documents, paintings, and other objects associated with the history of the city and its area. The Culture Commission is comprised of seven members with five (5) members representing the City of Modesto and two (2) residing within Stanislaus County.

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

DISCUSSION:

The Culture Commission has three (3) vacancies of which two (2) are required to be filled by a registered voter residing in Stanislaus County and one by a registered voter residing in Modesto.

Vacancies were advertised on social media, the City’s website, and solicited by other Commissioners. A total of ten (10) applications have been received and deemed complete. Nine (9) applicants met the registered voter requirements set in the bylaws and have confirmed they #6..
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City Council, January 13, 2026
Appointments to the Culture Commission

Page 2 of 2 ends

are still interested in the opportunity to serve. Most applicants have experience in supporting and promoting the arts.
 Two (2) Stanislaus County Resident Vacancies: Five (5) qualified applicants  One (1) Modesto Resident Vacancy: Four (4) qualified applicants On December 10, 2025, the Appointments Committee reviewed qualifying applications and unanimously recommended the appointment of Dominique Johnson and Sandra Hilton Kaepp for the Stanislaus County Resident vacancies and Shannon Stevens for the Modesto Resident vacancy. Those applicants not appointed will be invited and encouraged to attend Commission meetings and to reapply for future vacancies.

FISCAL IMPACT:

There is no fiscal impact associated with this item.

COMMITTEE RECOMMENDATION:

Appointments were considered by the Appointments Committee on December 10, 2025, and the Committee recommended forwarding this item to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the appointments of Shannon Stevens, Dominique Johnson, and Sandra Hilton Kaepp for a term expiration of December 31, 2029, on the City of Modesto Culture Commission.

Approved by:

Jeremy Rogers, Director of Parks, Recreation and
Neighborhoods
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Culture Commission Bylaws
#6..
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01/13/2026/PRN/VGarcia/Item XX 1 2026-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX

RESOLUTION APPROVING THE APPOINTMENTS OF SHANNON STEVENS,

DOMINIQUE JOHNSON, AND SANDRA HILTON FOR A TERM EXPIRATION OF DECEMBER 31, 2029, ON THE CITY OF MODESTO CULTURE

COMMISSION
WHERAS, the Culture Commission acts as an advisory body to the City Council and the City Manager in all matters pertaining to art, literature, music, and other cultural activities as well as promoting the preservation of historic sites, landmarks, documents, paintings, and other objects associated with the history of the City and its area; and 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 Commission is comprised of seven members with five (5) members representing the City of Modesto and two (2) residing within Stanislaus County; and
WHEREAS, there currently three (3) vacancies on the Commission of which two are required to be filled by a registered voter residing in Stanislaus County and one by a registered voter residing in Modesto; and
WHEREAS, the Committee received nine (9) applications from qualified individuals; and
WHEREAS, on December 10, 2025, the Appointments Committee recommended the appointment of Dominique Johnson and Sandra Hilton Kaepp for the Stanislaus County Resident vacancies and Shannon Stevens for the Modesto Resident vacancy.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the appointments of Shannon Stevens, Dominique Johnson, and #6..
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01/13/2026/PRN/VGarcia/Item XX 2 2026-XX
Sandra Hilton Kaepp for a term expiration of December 31, 2029, for a term expiration of December 31, 2029, on the City of Modesto Culture Commission.

BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit a copy of this resolution to the appointed member of the Culture 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 13th day of January, 2026, 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
#6..
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Culture Commission Bylaws Page | 1

CULTURE COMMISSION
BYLAWS
Adopted, Resolution No. 2025-162
Article I. Definitions
Section 1.01 There is a Commission created to be known and designated as the Modesto Culture Commission
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 Culture Commission. (b) “Culture Commission” and “Commission” shall mean the Culture Commission.
(c) “Regular Meeting” shall mean the monthly Commission meetings.

Article II. Mission Statement and Objectives
Section 2.01 Mission Statement:

The mission of the Modesto Culture Commission is to enhance the quality of life of the people of Modesto by making the city a more culturally and aesthetically enjoyable place to live and visit.

Section 2.02 Vision Statement
A culturally rich city that is an enjoyable and appealing place to live and visit.

Section 2.03 Power and Duty
The Commission 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 art, literature, music and other cultural activities;
(b) Formulate and recommend annually to the City Council a program relating to art, literature, music, and other cultural activities; #6..
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Culture Commission Bylaws Page | 2
(c) Promote the preservation of historic sites, landmarks, documents, paintings and other objects associated with the history of the City and its area, and develop educational interest in all such historical matters; (d) Act in an advisory capacity to the City Council, the City Manager, and the Director of any Museum or Cultural Center that may be established by the City Council;
(e) Act in an advisory capacity to the City and City Manager on matters relating to the administration, selection, and placement of public art and art in public places;
(f) Facilitate the development of resources that support the City’s cultural assets;
(g) Solicit and evaluate applicants for the position of Poet Laureate and act in an advisory capacity to City Council for the selection of the Poet Laureate.

Article III. Membership
Section 3.01 The Culture Commission shall consist of seven (7) qualified persons, comprised of the following:

Seat Designation Term
Chairperson One year, voted by simple majority of
commission.

Vice Chairperson One year, voted by simple majority of
commission.

Citizen
(All seven commissioners)
Four years, appointed by City Council
Section 3.02 Five (5) members of the Commission shall be registered electors of the City and two (2) shall live outside the City but shall be registered electors of Stanislaus County.

Section 3.03 No Member of the Commission 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. 04All appointments to the Commission shall be made by the City’s Appointments Committee and approved by the City Council. #6..
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Culture Commission Bylaws Page | 3
Section 3.05 No Member of the Commission 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 799) by April 1 of each year and when assuming or leaving Commission membership.

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

Section 4.02 A full term is four (4) years in duration.

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

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

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

Section 4.06 The Members of the Commission shall receive no compensation for the performance of their official duties.

Section 4.07 Appointments to fill vacancies on the Commission 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 for the unexpired portion of the term.

Section 4.08 Members of the Commission may be removed by a majority vote of the City Council after a recommendation by the Commission 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 Commission when no longer a resident of the City or when a conflict of interest exists.
#6..
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Culture Commission Bylaws Page | 4
Article V. Attendance at Meetings
Section 5.01 The Commission shall convene monthly on a regularly scheduled date, time and location to be set by the Commission. It shall be the responsibility of each Member to know the dates and times of all Commission 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 Commission 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 Commission.

Excused absences may be granted due to illness or injury, unexpected business, emergencies, important personal business, official City business, or any reasonable excuse that is approved by the appointed body.

A member who does not meet any of the conditions for an excused absence or fails to notify the Recording Secretary or Staff Liaison in advance of the meeting will be marked as an unexcused absence.

Unexcused absences shall result in automatic resignation if a member is absent from three (3) regular meetings unless by permission of the Culture Commission and expressed in its official minutes.

Article VI. Officers and Their Duties
Section 6.01 Officers shall consist of Chair and Vice-Chair elected by a simple majority vote of Members of the Commission. Officers shall serve a one-year term.

Officers are eligible to be elected to serve more than one term or consecutive terms.

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 Commission 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. #6..
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Culture Commission Bylaws Page | 5
Section 6.05 The Commission Secretary shall be a City staff member, appointed by the department head, to serve as Secretary. The Commission Secretary shall keep a record of the minutes of all Commission 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 Commission, to the City Clerk, to the City Manager, and to all others as provided by law. All such notices shall be furnished to the Commission in writing at least seventy-two (72) hours prior to the time of such meeting.

Section 7.03 All meeting agendas will be posted at Tenth Street 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 Commission to transact any business. A quorum shall be defined as a simple majority of active Commission Members, which is one-half of the active members plus one.

Section 7.06 All meetings of the Commission 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 Roberts Rules of Order shall be the guide for the parliamentary procedures on the conduct of Commission 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
#6..
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Culture Commission Bylaws Page | 6
(g) Commission Comments and Reports
(h) Matters Too Late for the Agenda
(i) Adjournment
Section 8.03 Members of the public shall not speak unless recognized 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 Commission by the City Council.
#6..
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 13, 2026
Date: December 16, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Jeremy Rogers, Director of Parks, Recreation and Neighborhoods SUBJECT: Appointments to the Golf Courses Advisory Committee CONTACT: Valerie Garcia, Administrative Analyst II, [email protected], 209-571-5576
DESCRIPTION:

Consider approving the appointments of Priscilla Castillo-Amador as a Youth Member-At-Large for a term expiration of December 31, 2026, Ricardo Navarro as a Member-At-Large for a term expiration of December 31, 2029, and the reappointment of Karen Burch as a Dryden Women’s Golf Club Representative for a term expiration of December 31, 2029, on the City of Modesto Golf Courses Advisory Committee. (Funding Source: Not Applicable) STRATEGIC PLAN ELEMENT:

This item is consistent with the following 2025-2026 Strategic Plan Areas of Focus: Governance and Service Delivery and Economic Vitality.

BACKGROUND:

The Golf Courses Advisory Committee (GCAC) serves as an advisory board for and among organized golf clubs and the City of Modesto. It is comprised of eleven (11) members in total: six (6) Member-At-Large representatives (1 - Youth) and one (1) representative each from the SIRS Golf Club, Dryden Park Women’s Club, Creekside Golf Club, Muni-Niners Club, and Modesto Golf Club.

Ten (10) members are appointed by the City Council for a 4-year term starting January 1st and ending December 31st and one (1) Youth member is appointed for a one-year term.

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:

Currently, there are five (5) vacancies on the Committee of which three (3) are being applied for:
1 https://library.municode.com/ca/modesto/codes/code_of_ordinances?nodeId=CHTR_ARTXIAPBOCO_S1102APTE #7..
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City Council, January 13, 2026
Appointments to the Golf Courses Advisory Committee

Page 2 of 2 ends

Organization Status Applications
Received
Creekside Golf Club Upcoming Vacancy on January 1, 2025 -- Dryden Women’s Golf
Club
Upcoming Vacancy on January 1, 2025 1
Muni Niners Vacant --
Member-At-Large Upcoming Vacancy on January 1, 2025 2
Youth Member-At-Large Upcoming Vacancy on January 1, 2025 1 On December 10, 2025, the Appointments Committee reviewed four (4) qualifying applications and unanimously recommended the appointment of Priscilla Castillo-Amador as a Youth MemberAt-Large, Ricardo Navarro as a Member-At-Large, and the reappointment of Karen Burch as a Dryden Women’s Golf Club Representative.

All applicants met the minimum requirements of the Committee, which include being a resident of Modesto, to not hold any paid office or employment, nor are they contractors with the City of Modesto and boasted outstanding qualifications and experience. Those applicants not appointed will be invited and encouraged to attend Committee meeting and to reapply for future vacancies.

FISCAL IMPACT:

There is no fiscal impact related to this action.

COMMITTEE RECOMMENDATION:

Appointments were considered by the Appointments Committee on December 10, 2025, and the Committee recommended to forwarding this item to Council for approval.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the appointments of Priscilla Castillo-Amador as a Youth Member-AtLarge for a term expiration of December 31, 2026, Ricardo Navarro as a Member-At-Large for a term expiration of December 31, 2029, and the reappointment of Karen Burch as a Dryden Women’s Golf Club Representative for a term expiration of December 31, 2029, on the City of Modesto Golf Courses Advisory Committee.

Approved by:

Jeremy Rogers, Director of Parks, Recreation and
Neighborhoods
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Golf Courses Advisory Committee Bylaws

3. Redacted Applications
#7..
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01/13/2026/PRN/VGarcia/Item XX 1 2026-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX

RESOLUTION APPROVING THE APPOINTMENTS OF PRISCILLA

CASTILLO-AMADOR AS A YOUTH MEMBER-AT-LARGE FOR A TERM
EXPIRATION OF DECEMBER 31, 2026, RICARDO NAVARRO AS A
MEMBER-AT-LARGE FOR A TERM EXPIRATION OF DECEMBER 31, 2029, AND REAPPOINTMENT OF KAREN BURCH AS A DRYDEN WOMEN’S

GOLF CLUB REPRESENTATIVE FOR A TERM EXPIRATION OF
DECEMBER 31, 2029, ON THE CITY OF MODESTO GOLF COURSES

ADVISORY COMMITTEE
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 Golf Courses Advisory Committee is comprised of five members representing local golf organizations: SIRS Golf Club, Muni-Niners Golf Club, Modesto Golf Club, Creekside Golf Club, and Dryden Women’s Golf Club, and six Members-AtLarge, including one Youth Member-At-Large, and WHEREAS, there Currently, there are five (5) vacancies on the Committee of which three (3) are being applied for: one Youth Member-At-Large, one Member-AtLarge, and one Dryden Women’s Golf Club Representative, and WHEREAS, the Committee received four (4) applications from qualified individuals; and
WHEREAS, on December 10, 2025, the Appointments Committee recommended the appointment of Priscilla Castillo-Amador as a Youth Member-At-Large, Ricardo Navarro as a Member-At-Large, and the reappointment of Karen Burch as a Dryden Women’s Golf Club Representative.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the appointments of Priscilla Castillo-Amador as a Youth #7..
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01/13/2026/PRN/VGarcia/Item XX 2 2026-XX
Member-At-Large for a term expiration of December 31, 2026, Ricardo Navarro as a Member-At-Large for a term expiration of December 31, 2029, and the reappointment of Karen Burch as a Dryden Women’s Golf Club Representative for a term expiration of December 31, 2029, on the City of Modesto Golf Courses Advisory Committee.

BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit a copy of this resolution to the appointed member of the Golf Courses Advisory Committee, and the Secretary, thereof.
#7..
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01/13/2026/PRN/VGarcia/Item XX 3 2026-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 13th day of January, 2026, 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
#7..
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Page 1 ends

Amended by City Council Resolution No. 2022-023
January 11, 2022

CITY OF MODESTO GOLF COURSES COMMITTEE

CONSTITUTION AND BYLAWS
#7..
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Page 2 ends

Amended by City Council Resolution No. 2022-023
January 11, 2022

ARTICLE I

DEFINITIONS
Section 1 There is created a Committee to be known and designated as the City of Modesto Golf Courses Committee.

Section 2 As used in these Bylaws, unless a different meaning clearly appears from the context:

A. "Member" shall mean a member of the Modesto Golf Courses Committee.

B. "Modesto Golf Courses Committee" and "Committee" shall mean the City of Modesto Golf Courses Committee.

C. "Modesto golf courses" shall mean Dryden Park Golf Course and Creekside Golf Course.

D. "Regular meeting" shall mean the bi-monthly Committee meetings.

Section 3 The fiscal year shall coincide with the City's fiscal year, July 1 to June 30. #7..
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Page 3 ends

Amended by City Council Resolution No. 2022-023
January 11, 2022

ARTICLE II

OBJECTIVES
Section 1 The Committee shall be responsible for promotion of the game of golf in the Modesto area.

Section 2 The Committee shall operate as an advisory body for and among organized golf clubs and the general golfing public of the City of Modesto golf courses.

Section 3 The Committee shall act as liaison between the general golfing public, golf clubs, and the City of Modesto Parks, Recreation and Neighborhoods Department, and A. Shall receive and consider all proposals for innovations or material changes in established procedures or the modification of the golf courses.

B. Endorse participation in golf through the Player Development Programs and Tournament activities with a special emphasis on Junior, Senior and Disabled golf.

Section 4 The Committee shall encourage, promote and maintain a high standard of sportsmanship among golfers.

Section 5 The Committee shall consider the annual budget for the Golf Enterprise Fund during the process of its preparation and make recommendations to the Director of Parks, Recreation and Neighborhoods concerning the annual budget of the Golf Enterprise Fund, including the fees and rates to be charged for the use of golf course facilities.

Section 6 The Committee shall perform such other duties relating to the Modesto Golf Courses as may be assigned by the Director of Parks, Recreation and Neighborhoods.

Section 7 Nothing in this article shall be deemed to invest the Committee with any supervisory powers over the actions and duties of City employees, or of any Lessee of the City, engaged in work relating to the construction, improvement, repair, maintenance or operations of the Modesto golf courses.
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Amended by City Council Resolution No. 2022-023
January 11, 2022

ARTICLE III

MEMBERSHIP
Section 1 The City of Modesto Golf Courses Committee shall consist of eleven (11) Members.

Section 2 The Members of the Committee shall reside within the city limits of the City of Modesto at the time of appointment and must maintain residence within the City at all times during their service on the Committee.

Section 3 None of the members shall hold any paid office or employment or shall be currently a contractor with the City of Modesto.

Section 4 Five (5) members of the Committee shall represent organized golf clubs at the municipal golf courses, one from each of the following clubs: Muni Niners; SIRS; Modesto Golf Club; Dryden Park Women's Club; and Creekside Golf Club. Five(5) members shall be appointed at large One (1) youth member, between 16 and 25 years of age, shall be appointed at large.

Section 5 The membership of each organized golf club shall recommend one member to represent their respective clubs, with the remaining six (6) at-large members to be approved by a majority vote of the City Council.

Section 6 The Director of Parks, Recreation and Neighborhoods, or his/her designee, will serve as staff to the Committee and represent the City of Modesto, within the limits dictated by fiscal constraints.
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Amended by City Council Resolution No. 2022-023
January 11, 2022

ARTICLE IV

TERMS OF OFFICE
Section 1 The term of office shall be effective as of the first of January.

Section 2 The terms of office shall be as follows:

A. Four (4) years for each Member of the Committee. Members may be re-appointed after their initial term, but in no event shall any person who has served two (2) consecutive terms on the Committee be eligible for re-appointment to the Committee.

Committee members are eligible for reappointment to the Committee after a two- (2) year absence from the Committee has transpired.

B. One (1) year for each youth member appointed at large. Youth members may be reappointed after their initial term, but in no event shall any youth member who has served two (2) consecutive terms on the Committee be eligible for reappointment to the Committee.

Section 3 Serving any portion of an unexpired term shall not be counted as service of one term.

Members not eligible for reappointment may continue to serve until their successors are appointed and meet all of the qualifications outlined in Article III Membership of these bylaws. No member shall serve more than a maximum of eight (8) consecutive years.

Section 4 The terms of office for the inaugural Committee will be two (2) years for five (5) members of the Committee, and four (4) years for the remaining six (6) members. Each member's term of office shall terminate on December 31 of their respective year.

Section 5 The Members of the Committee shall receive no compensation for the performance of their official duties.

Section 6 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 7 Members of the Committee may be removed by a majority vote of the City Council after a recommendation by the Director of Parks, Recreation and Neighborhoods and a majority vote of the Committee. Examples of reasons for removal of a Committee Member from the Committee are:

A. Incompetence, malfeasance, misfeasance, neglect of duty, or conviction of a crime involving moral turpitude.

B. Refusal to resign from the Committee when no longer a resident of the City of Modesto.

C. Automatic removal from the Committee will be required when a member is absent from three (3) meetings within a twelve- (12) month period without official permission expressed in the official minutes.
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Amended by City Council Resolution No. 2022-023
January 11, 2022

ARTICLE V

ATTENDANCE AT MEETINGS
Section 1 It shall be the responsibility of each Member to know the dates and times of all regular meetings of the Committee. 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 Chair or Staff Liaison at least forty-eight hours (48 hours) before the meeting, in order for the absence to be recorded as an excused absence.

Section 2 The Recording Secretary will document when any Committee Member is late arriving for a meeting or when a Committee Member leaves a meeting before adjournment. The minutes of each meeting will list those Members in attendance, those who are excused and those who are unexcused.
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Amended by City Council Resolution No. 2022-023
January 11, 2022

ARTICLE VI

OFFICERS AND THEIR DUTIES
Section 1 Officers shall consist of Chair and Vice-chair, elected by a majority vote of the Members of the Committee. Officers shall serve a one- (1) year term commencing on January 1. The election shall be held at the January meeting, or the first meeting of the year.

Section 2 All officers shall exercise all privileges of membership, including the making of motions, seconding and debate.

Section 3 The Chair may serve consecutive terms. The Vice-Chair may serve consecutive terms.

Section 4 The Chair shall preside at all meetings and appoint all sub-committees of the Committee and shall ensure that the bylaws, rules and regulations as adopted by the Committee are properly enforced. The Chair shall be an ex-officio member of all sub-committees.

Section 5 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 The Parks, Recreation and Neighborhoods Department shall provide a staff member to serve as Recroding Secretary. He/she shall keep a record of the minutes of all meetings, reports of sub-committees and such other duties as are usually performed by a secretary.

He/she shall supply the Members of the Committee and any sub-committees and the Director of Parks, Recreation and Neighborhoods and his/her designee(s) with copies of all records taken within three (3) weeks after a meeting takes place. He/she shall also assist in publicity releases concerning Committee activities.
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Amended by City Council Resolution No. 2022-023
January 11, 2022

ARTICLE VII

MEETINGS
Section 1 Regular meetings of the Committee shall be held at such times and places as from time to time may be designated by a majority vote of the Committee.

Section 2 In the event that a regular meeting falls on a holiday, the meeting shall be scheduled by a vote of the Committee. Special meetings shall be called by the Chair as necessary.

Section 3 Notices of all meetings, including an agenda, shall be given to all members of the Committee, to the City Clerk, to the City Manager, to the Director of Parks, Recreation and Neighborhoods and to all others as provided by law. All such notices shall be furnished to the Committee in writing at least seventy-two hours (72 hours) prior to the time of such meeting.

Section 4 All meeting agendas will be posted at Tenth Street Place and will be available at the following public facilities: Tenth Street Place, the Main Branch of the Stanislaus County Free Library and at City of Modesto golf courses.

Section 5 All meetings shall comply with the requirements of the Ralph M. Brown Act.

Section 6 A quorum is necessary for the Committee to transact any business. A quorum shall be defined as a simple majority of active Committee members.

Section 7 All meetings of the Committee, or its standing or special sub-committees, 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.
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Amended by City Council Resolution No. 2022-023
January 11, 2022

ARTICLE VIII

ORDER OF PROCEEDINGS
Section 1 Sturgis' Standard Code of Parliamentary Procedure shall be the guide for parliamentary procedures in the conduct of Committee meetings.

Section 2 The order of proceedings of all meetings shall be as follows, subject to majority vote of the Members present:

A. Call to Order
B. Approval of Minutes
C. Written Communications
D. Old Business
E. New Business
F. Oral Communications
G. Matters Too Late for the Agenda
H. Adjournment
Section 3 Members of the public shall not speak unless recognized by the Chair and shall state their names and addresses before making any statement, which shall become a part of the public record. The Chair may remove any person who refuses to follow these rules or the decision of the Chair.
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Amended by City Council Resolution No. 2022-023
January 11, 2022

ARTICLE IX

AMENDMENTS
Section 1 The Constitution and Bylaws may be recommended for amendment at a regularly scheduled meeting of the Committee. A written notice containing the proposed changes shall be provided to each member at least sixty (60) days prior to the meeting. When all other conditions are met, an amendment requires a simple majority vote of the active members of the Committee.

Section 2 The Constitution and 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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Boards, Commissions and Committees Application
08/31/2025 10:32 PM (PDT)
Advisory Boards and Commissions Application
City of Modesto

Golf Courses Advisory Committee
The Golf Courses Advisory Committee (GCAC) is charged with promoting the game of golf in the Modesto area. The GCAC shall operate as an advisory body for and among organized golf clubs and the general golfing public of the City of Modesto golf Courses; act as a liaison between the general golfing public, golf clubs, and the City’s Parks, Recreation and Neighborhoods Department; and shall encourage, promote, and maintain a high standard of sportsmanship among golfers.

Membership Requirements:

The GCAC is comprised of 11 members. All members must reside within the City limits, not hold any paid office, employment, or contractor with the City.
5 members shall represent organized golf clubs: Muni Niners, SIRS, Modesto Golf Club, Dryden Women’s Club, and Creekside Golf Club. The membership of each organized golf club shall recommend one member to represent their respective clubs.
4 members at large
1 youth (age 16-25 years) member at large
Read full ByLaws, membership requirements and view current members and vacancies.

Youth Member
No
No

No
Submission ID: cab8f5ff-322a-44d7-a915-3db811ccb720 Page 1/6 #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: cab8f5ff-322a-44d7-a915-3db811ccb720 Page 3/6 #7..
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Qualifications

I have played as #1 on the Varsity Girls' Golf team at my high school, validating my knowledge and experience in the field of golf. I also have familiarity with working with others in a professional field as a volunteer at the Modesto Children's Museum and as Camp Counselor at Foothill Horizons.

City of Modesto Website

I have worked closely with NAMI as a volunteer with their organization in multiple community events. For example, I hosted the games displayed at the NAMI table and informed guests of NAMI's cause at the Stanislaus County Fair in Summer. I have also proven my dedication to them by showing up to many of their other commitments, such as the Annual Stanislaus Egg Hunt and community fairs.

Many events have also taken place at elementary and middle schools, proving that I am well experienced with a variety of participants from all ages and backgrounds. Along with this, I became familiar with the community as a volunteer at the Modesto Children's Museum. The events the company would host, such as their celebration for their first year anniversary, have been assisted by my efforts as I guided the guests around the building and assist them with any questions.

This position interests me since it grants me the opportunity to properly represent all youth in our community that are or may be interested in golf. I wish to stand in as a voice of action for young golfers to enhance their golfing experience in Modesto. I also believe this position will open new doors for me in making a difference along with gaining valuable experience in this impactful role. Beyond my desired dedication to this position as a representative of my fellow youth golfers, I also have an interest due to my previous experience in golf. As a high school golfer, I hope to shape the future of the golf courses in Modesto and to give back to the community as it has given me lasting memories in this sport.

As mentioned prior, I have been a devoted golfer to my high school team and have developed a great love for the game. My passion in golf will shine through during my time on this Committee and will continue to drive my motivation in working with my peers towards enhancing golf in our community. I also believe I can offer a fresh insight to the committee as a youth female of color. I have a drive to represent those that are underrepresented in the game of golf and to make golf accessible to those of all backgrounds. In terms of being a valuable member to the Committee, I gained much experience in working with a variety of people as I have been in my school's ASB Leadership class since freshmen year. In this class, I held many positions from Activities Lead to Junior Class President. I am well familiar with the skills needed to successfully contribute to a team of dedicated individuals and have further developed these skills in my leadership experience. These skills include open-mindedness, discipline, proper communication, taking initiative, and organization. As a veteran leadership student, I have put together and led many school-wide events, such as prom and club fair, and wish to improve current golf events to it's greatest extent and to also initiate new projects that could encourage community involvement from Modesto golfers. With this, I believe that knowing the values of this Committee is vital to being an ideal member. Upon becoming an active member on the Committee, I plan to bring the understanding and commitment of valuing community engagement, collaboration, and teamwork. I understand the importance of understanding what those in our community want and need throughout my time as a ASB student listening and reflecting on our student body participation. I believe I will be a valuable member to this Committee and hope to find this a place to efficiently utilize my skills and experience towards the sport and community I have loved for years.

Submission ID: cab8f5ff-322a-44d7-a915-3db811ccb720 Page 4/6 #7..
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Questionnaire

Other (Please specify)
Website
Submission ID: cab8f5ff-322a-44d7-a915-3db811ccb720 Page 5/6 #7..
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Signature Agreement
08/31/2025
Application Disclosure
Members of the City Advisory Groups must disclose financial interests, including investments, businesses, and rental properties. Members are required to file Statements of Economic Interest when they assume office, annually, and upon leaving office.

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: cab8f5ff-322a-44d7-a915-3db811ccb720 Page 6/6 #7..
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#7..
142
Boards, Commissions and Committees Application
10/01/2025 8:14 PM (PDT)
Advisory Boards and Commissions Application
City of Modesto

Membership Requirements:

Member at large
No
No

No
Submission ID: 41c153b6-4164-437e-a6d1-d4f1aeb054b1 Page 1/6 #7..
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Applicant Information & Background
Ricardo
Navarro
Management
Modesto
California
95354
Document Uploads
You may upload a cover letter and resume to outline your educational, work and community service experiences.

Submission ID: 41c153b6-4164-437e-a6d1-d4f1aeb054b1 Page 2/6 #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: 41c153b6-4164-437e-a6d1-d4f1aeb054b1 Page 3/6 #7..
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Qualifications

16 years in management in the utility industry. Avid golfer and supporter of the municipal golf courses.

City of Modesto Instagram post

Donor to the United Way of Stanislaus. Supporter of Modesto sister cities.

I want to see golf continue to grow as a sport. I believe the best way to do that is by having a place to play that’s affordable with the amenities needed to attract golfers of all levels.

I’ve led dynamic teams over the past 16 years through challenges that required strategy, nimbleness, and execution.

Submission ID: 41c153b6-4164-437e-a6d1-d4f1aeb054b1 Page 4/6 #7..
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Questionnaire

Other (Please specify)
City of Modesto Instagram post
Submission ID: 41c153b6-4164-437e-a6d1-d4f1aeb054b1 Page 5/6 #7..
- 147 -
Signature Agreement
10/01/2025
Application Disclosure
Members of the City Advisory Groups must disclose financial interests, including investments, businesses, and rental properties. Members are required to file Statements of Economic Interest when they assume office, annually, and upon leaving office.

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: 41c153b6-4164-437e-a6d1-d4f1aeb054b1 Page 6/6 #7..
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Boards, Commissions and Committees Application
09/29/2025 3:57 PM (PDT)
Advisory Boards and Commissions Application
City of Modesto

Membership Requirements:

Yes

No
Submission ID: 2db5394d-31f2-4a10-a1fa-ce16251a5fa7 Page 1/6 #7..
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Applicant Information & Background
Karen
Burch
Retired
Modesto
California
95355
Document Uploads
You may upload a cover letter and resume to outline your educational, work and community service experiences.

Submission ID: 2db5394d-31f2-4a10-a1fa-ce16251a5fa7 Page 2/6 #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: 2db5394d-31f2-4a10-a1fa-ce16251a5fa7 Page 3/6 #7..
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Qualifications

I am currently a member of The Dryden Women's Golf Club. I have been member since 200.

I am currently my golf club's representative to the committee.

I am not a member of any civic organization.

The Dryden Women need representation on this committee.

Golfing for 23 years and 17 year member of Dryden Women's Golf Club.

Submission ID: 2db5394d-31f2-4a10-a1fa-ce16251a5fa7 Page 4/6 #7..
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Questionnaire

Other (Please specify)
I am a current member.

Submission ID: 2db5394d-31f2-4a10-a1fa-ce16251a5fa7 Page 5/6 #7..
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Signature Agreement
09/29/2025
Application Disclosure
Members of the City Advisory Groups must disclose financial interests, including investments, businesses, and rental properties. Members are required to file Statements of Economic Interest when they assume office, annually, and upon leaving office.

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: 2db5394d-31f2-4a10-a1fa-ce16251a5fa7 Page 6/6 #7..
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12/09/2025 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, December 09, 2025 at 5:30 PM
Special City Council – Closed Session Meeting 4:30 p.m.

Roll Call- Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen

Absent: None
Regular City Council Meeting 5:30 p.m.

Roll Call- Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen

Absent: None
Pledge of Allegiance to the Flag
Invocation: Mike Gunnarson, City Ministry Network
City Clerk’s Announcements: None
Declaration of Conflicts of Interest: None
Reports from Closed Session: No reportable action.

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Presentations of the Certificate of Achievement for Excellence in Financial Reporting and Popular Annual Financial Reporting Award by Government Finance Officers Association (GFOA) for Fiscal Year ending June 30, 2024, and Presentation for the #8..
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Distinguished Budget Presentation Award by GFOA for Fiscal Year 2025-2026 Budget. (Funding Source: Not Applicable)
FINANCE DEPARTMENT; DeAnna Christensen, 209-577-5387,
[email protected]
ACTION: City Manager Lopez presented the Certificate of Achievement for Excellence in Financial Reporting and Popular Annual Financial Reporting Award by Government Finance Officers Association (GFOA) for Fiscal Year ending June 30, 2024, and Presentation for the Distinguished Budget Presentation Award by GFOA for Fiscal Year 2025-2026 Budget.

PUBLIC COMMENT PERIOD
 Lynelle Solomon urged the City Council to take immediate local action on the worsening housing crisis, emphasizing that many vulnerable community members are at risk as existing supports expire and federal funding is unavailable. She stated that emergency shelters—such as a possible short-term use of Modesto’s Century Plaza—are essential first steps to prevent people from falling into homelessness while long-term housing solutions are developed.
 John Carvalho, a business owner, informed the Council that he received a notice about year-long roadwork near his shop and has been unable to find clear information online.

He asked for guidance on where to get details, and the Council directed him to staff who will provide the information and help him get connected.  Nancy Robinson, president of the Modesto Garden Club, announced the club’s annual Elegant Holiday Table Viewing event on December 10th at Del Rio Country Club and mentioned plans for the 2026 Spring Garden Tour. She updated the Council on the club’s beautification work—including maintaining the Aileen Gallo Memorial Clock, planting downtown pots, and installing a Blue Star Memorial Marker—and highlighted a member recognized as Youth Leader of the Year in California. She thanked the Council for its support and wished everyone a Merry Christmas.
 Lucas Spyksma suggested the City consider upgrading security technology, specifically recommending ZeroEyes software in schools and public facilities with added detection for sharp objects like knives.
 Ray Ruiz, father of Trevor Seever, expressed frustration that nearly five years after his son’s death he sees no meaningful progress on police reform. He said nothing has changed, the review processes are ineffective, and he feels the Council does not genuinely care about accountability.
 Darlene Ruiz, mother of Trevor Seever, listed the people she says were killed by Officer Joseph Lamantia and stated that he was never held accountable. She expressed frustration that charges against him were dropped, arbitration has still not happened, and police reform has seen no progress. She said some Councilmembers privately express support #8..
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12/09/2025 5:30:00 PM
but have not stood with her publicly, urging them to take real action instead of offering sympathy.
 Harlan Diven echoed the Seever family’s concerns, saying Modesto’s Community Police Review Board is underfunded, ignored, and ineffective. She urged the Council to take its recommendations seriously, open an independent investigation into alleged wrongful arrests and injuries during June 2025 protests, and show greater accountability and attention to residents’ concerns about civil rights violations.  Steve addressed the Council, saying the police killing of Trevor Seever reflects systemic issues and that the Council ignores calls for accountability and the Community Police Review Board’s recommendations. He noted some members have shown disrespect and hostility, emphasized that residents are forced to rely on leaders who aren’t listening, and ended by calling for a moment of silence for Seever.
 Zafir Solomon urged the Council to prevent the loss of federal housing funds, citing waste and lack of accountability in past permanent housing projects. He noted costly local projects compared to more affordable alternatives elsewhere and emphasized that it is the Council’s responsibility to ensure people are not left homeless and to coordinate with county and state officials.
 Juan Telles expressed concern that Councilmembers offered no comments during the recent discussion on the mask Ordinance, despite strong public interest. He urged them to be more transparent and engaged, share their perspectives, and not remain silent on issues that affect residents’ rights.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS: 2-7 (Alvarez/Wright; 7/0)

CONSENT
Consent

2. Consider approving the minutes for the December 2, 2025 Council Meeting. (Funding Source: Not Applicable)
 Motion approving the minutes for the December 2, 2025 Council Meeting.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Alvarez/Wright; 7/0) Motion approving the minutes for the December 2, 2025 Council Meeting.

Consent

3. Consider approving Final Adoption of Ordinance 3805-C.S. amending the City of Modesto Municipal Code Title 4, Chapter 23 "Restrictions on use of specified items during public assembly", providing various revisions to the time, place and manner regulations as to public assemblies. (Funding Source: Not Applicable) #8..
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12/09/2025 5:30:00 PM
 Motion approving Final Adoption of Ordinance 3805-C.S. amending the City of Modesto Municipal Code Title 4, Chapter 23 "Restrictions on use of specified items during public assembly", providing various revisions to the time, place and manner regulations as to public assemblies.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Alvarez/Wright; 7/0) Motion approving Final Adoption of Ordinance 3805-C.S. amending the City of Modesto Municipal Code Title 4, Chapter 23 "Restrictions on use of specified items during public assembly", providing various revisions to the time, place and manner regulations as to public assemblies.

Consent

4. Consider approving the Mayor’s appointments to the City of Modesto Standing Committees, and City Council Liaison Committees; and appointing a Vice Mayor for the 2026 calendar year. (Funding Source: Not Applicable)  Motion appointing Council Member Williams as Vice Mayor for the 2026 calendar year.
 Motion approving the appointments to the City Council Standing Committees and City Council Liaison Committees for the 2026 calendar year.

CITY CLERK; Diane Nayares-Perez, 209-577-5398, [email protected] ACTION: (Alvarez/Wright; 7/0) Motion appointing Council Member Williams as Vice Mayor for the 2026 calendar year.

ACTION: (Alvarez/Wright; 7/0) Motion approving the appointments to the City Council Standing Committees and City Council Liaison Committees for the 2026 calendar year.

Consent

5. Consider approving the Seventh Amendment to the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Dispatch Services to extend the Agreement to December 31, 2026 and appointing Mayor Zwahlen and Councilmember Wright as Commissioners to the Consolidated Emergency Dispatch Agency and Councilmember Escutia-Braaton as an Alternate Commissioner effective January 1, 2026. (Funding Source: Not Applicable)  Resolution approving a Seventh Amendment to the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Dispatch Services, amending Section 5.1 extending the expiration date to December 31, 2026, and authorizing the City Manager or his designee to execute the Amendment and appointing Mayor Zwahlen and Councilmember Wright as Commissioners to the Consolidated Emergency Dispatch Agency and Councilmember Escutia-Braaton as an Alternate Commissioner effective January 1, 2026.

CITY MANAGER; Scotty Douglass, 209-577-9149, [email protected] #8..
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12/09/2025 5:30:00 PM
ACTION: (Alvarez/Wright; 7/0) Resolution 2025-416 approving a Seventh Amendment to the Joint Exercise of Powers Agreement between the City of Modesto and the County of Stanislaus for Emergency Dispatch Services, amending Section 5.1 extending the expiration date to December 31, 2026, and authorizing the City Manager or his designee to execute the Amendment and appointing Mayor Zwahlen and Councilmember Wright as Commissioners to the Consolidated Emergency Dispatch Agency and Councilmember Escutia-Braaton as an Alternate Commissioner effective January 1, 2026.

Consent

6. Consider approving the purchase of a restroom building for the Sherwood Park Restroom Replacement Project from Public Restroom Company, of Minden, NV, for a total amount not to exceed $294,665. (Funding Source: Measure H)  Resolution approving the Competitive Bidding Process from Sourcewell with Public Restroom Company, of Minden, NV, for the Purchase, Delivery, and Installation of a Restroom Building for Sherwood Park, for a total amount of $267,877, plus $26,788, for contingency, if needed, for a total amount not to exceed $294,665, and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.

ENGINEERING SERVICES; Nathan Houx, 209-571-5526, [email protected] ACTION: (Alvarez/Wright; 7/0) Resolution 2025-417 approving the Competitive Bidding Process from Sourcewell with Public Restroom Company, of Minden, NV, for the Purchase, Delivery, and Installation of a Restroom Building for Sherwood Park, for a total amount of $267,877, plus $26,788, for contingency, if needed, for a total amount not to exceed $294,665, and authorizing the Purchasing Manager, or her designee, to issue the Purchase Order.

Consent

7. Consider approving the Auditors’ Reports and Schedule of Measure L Program Revenues and Expenditures for Fiscal Year Ended June 30, 2024. (Funding Source:

Not Applicable)
 Resolution approving the Fiscal Year 2023-2024 Auditor’s Report on Compliance of the Measure L: Local Roads First Transportation Funding Measure.

FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
ACTION: (Alvarez/Wright; 7/0) Resolution 2025-418 approving the Fiscal Year 2023-2024 Auditor’s Report on Compliance of the Measure L: Local Roads First Transportation Funding Measure.

Removed from Consent

8. Consider approving the First Amendment with Grover Landscape Services, Inc. (Grover), Modesto, CA, for the Landscape Maintenance, Weed Abatement, Trash #8..
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Removal, and Rodent Control Services, increasing the Agreement amount by $118,511. (Funding Source: Sewer Operations Fund)
 Resolution approving the First Amendment with Grover Landscape Services, Inc., Modesto, CA, for the Landscape Maintenance, Weed Abatement, Trash Removal, and Rodent Control Services, increasing the Agreement amount by $118,511, to a new estimated annual amount of $240,465, a new total amount of $1,148,858 through the term of the agreement; and authorizing the City Manager, or his designee, to execute the Amendment.

UTILITIES; Jeff Daniels, 209-577-6255, [email protected] ACTION: (Wright/Ricci; 7/0) Resolution 2025-419 approving the First Amendment with Grover Landscape Services, Inc., Modesto, CA, for the Landscape Maintenance, Weed Abatement, Trash Removal, and Rodent Control Services, increasing the Agreement amount by $118,511, to a new estimated annual amount of $240,465, a new total amount of $1,148,858 through the term of the agreement; and authorizing the City Manager, or his designee, to execute the Amendment.

COUNCIL COMMENTS & REPORTS
 Councilmember Wright highlighted Modesto’s recognition for National Night Out—#1 in California and #5 nationally—and praised the police, fire, and park teams. He reported significant drops in major violent and property crimes, auto thefts, and DUIs, commending the department for keeping the City safe.
 Councilmember Ricci praised the City and MPD for successfully using Measure H funds to reduce crime and highlighted ongoing efforts to improve the Stanislaus Animal Shelter through the Fix SASA initiative, which has already signed up over 100 volunteers. He also suggested low-cost improvements to shelter operations to save more animals and encouraged community involvement.
 Councilmember Williams thanked the Council for selecting him as Vice-Mayor for 2026, wished happy birthdays to his grandchildren, and extended holiday greetings, encouraging the community to show love and unity despite recent tragedies.  Councilmember Escutia-Braaton thanked City employees, especially police and fire personnel, for their hard work over the past year. She reflected on the year’s challenges and successes and shared a heartfelt holiday poem wishing peace, love, and prosperity to the community.
 Mayor Zwahlen highlighted local holiday events, including gift giveaways at United Posada, the Shriners Children’s Hospital tree lighting honoring a Modesto child, and the City’s parade, noting the joy and community spirit these events brought, especially for children.
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CITY MANAGER COMMENTS & REPORTS
 City Manager Lopez recognized Director of Public Works Bill Sandhu for his distinguished career with the City of Modesto. Sandhu, retiring on Christmas, served over 31 years, including as City Engineer and Public Works Director, overseeing major projects like the $65 million Pelandale Interchange and eliminating the City’s highvoltage circuit. His contributions were praised as impactful and long-lasting.

HEARINGS
Published in the Modesto Bee on November 28, 2025 and December 5, 2025.

9. Hearing to consider approving Final Adoption of Ordinance 3802-C.S. repealing and replacing Chapter 1 of Title 3 of the Modesto Municipal Code amending the City’s Fire Code to adopt the 2025 California Fire Code. (Funding Source: Not Applicable)  Motion approving Final Adoption of Ordinance 3802-C.S. repealing and replacing Chapter 1 of Title 3 of the Modesto Municipal Code amending the City’s Fire Code to adopt the 2025 California Fire Code.

FIRE DEPARTMENT; David Bickle, 209-571-5553, [email protected] ACTION: (Bavaro/Williams; 7/0) Motion approving Final Adoption of Ordinance 3802-C.S. repealing and replacing Chapter 1 of Title 3 of the Modesto Municipal Code amending the City’s Fire Code to adopt the 2025 California Fire Code.

Published in the Modesto Bee on November 28, 2025

10. Hearing to consider accepting the Public Health Goals (PHG) on the City of Modesto’s water system, in compliance with Title 22 of the California Health and Safety Code (Funding Source: Not Applicable)
 Resolution accepting the 2025 Public Health Goals in compliance with Title 22 of the California Health and Safety Code.

UTILITIES; Manuel Martinez, 209-342-4592, [email protected] ACTION: (Williams/Alvarez; 7/0) Resolution 2025-420 accepting the 2025 Public Health Goals in compliance with Title 22 of the California Health and Safety Code.

NEW BUSINESS

11. Consider approving the Plans and Specifications for Dryden Clubhouse Renovation Project, accepting the Bid and Awarding a Construction Contract to Diede Construction, Inc. of Lodi, CA., for a total payment amount not to exceed $9,278,564; consider approving an Agreement with Dillon & Murphy Engineering, of Lodi, CA, for Construction Management and Inspection Services for a total amount not to exceed $850,164; consider approving the issuance of an interfund loan in an amount not to exceed $4,930,841 from the Water Fund 4100 to the Golf Fund 4600 for the construction for Project 101294 Dryden Clubhouse Renovation; and consider approving the increase of the Green Fee by $5 and implementing dynamic pricing. (Funding Source: Various Funds)
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 Resolution approving the Plans and Specifications for the Dryden Clubhouse Renovation Project, accepting the Bid and Awarding a Construction Contract to Diede Construction, Inc. of Lodi, CA., in the amount of $8,591,263, authorizing $687,301, in contingency (if needed), for a total payment amount not to exceed $ 9,278,564, and authorizing the City Manager, or his designee, to execute the Agreement.
 Resolution approving an Agreement with Dillon & Murphy Engineering, of Lodi, CA, for Construction Management and Inspection Services for the Dryden Clubhouse Renovation Project in the amount of $772,876, plus $77,288 in additional services, if needed, for a total amount not to exceed $850,164, and authorizing the City Manager, or his designee, to execute the Agreement.  Resolution issuing an interfund loan in an amount not to exceed $4,930,841 from the Water Fund 4100 to the Golf Fund 4600 for the construction for Project 101294 Dryden Clubhouse Renovation to include an interest rate on the loan equal to the actual rate of return earned by the City’s investment portfolio during the 12-month period immediately preceding the payment date and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.
 Resolution amending the Fiscal Year 2025-26 Capital Improvement Program budget to fund Project #101294 (Dryden Clubhouse Renovation) in an amount not to exceed $7,723,929, 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 increasing the Green Fees in accordance with Exhibit A and implementing dynamic pricing model.

ENGINEERING SERVICES; Nathan Houx, 209-571-5526, [email protected] ACTION: (Alvarez/Zwahlen; 7/0) Resolution 2025-421 approving the Plans and Specifications for the Dryden Clubhouse Renovation Project, accepting the Bid and Awarding a Construction Contract to Diede Construction, Inc. of Lodi, CA., in the amount of $8,591,263, authorizing $687,301, in contingency (if needed), for a total payment amount not to exceed $ 9,278,564, and authorizing the City Manager, or his designee, to execute the Agreement.

ACTION: (Alvarez/Zwahlen; 7/0) Resolution 2025-422 approving an Agreement with Dillon & Murphy Engineering, of Lodi, CA, for Construction Management and Inspection Services for the Dryden Clubhouse Renovation Project in the amount of $772,876, plus $77,288 in additional services, if needed, for a total amount not to exceed $850,164, and authorizing the City Manager, or his designee, to execute the Agreement.

ACTION: (Alvarez/Zwahlen; 7/0) Resolution 2025-423 issuing an interfund loan in an amount not to exceed $4,930,841 from the Water Fund 4100 to the Golf Fund 4600 for the construction for Project 101294 Dryden Clubhouse Renovation to include an interest rate on the loan equal to the actual rate of return earned by the City’s investment portfolio during the 12-month period immediately preceding the payment #8..
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date and authorizing the City Manager, or his designee, to implement the provisions of this Resolution.

ACTION: (Alvarez/Zwahlen; 7/0) Resolution 2025-424 amending the Fiscal Year 2025-26 Capital Improvement Program budget to fund Project #101294 (Dryden Clubhouse Renovation) in an amount not to exceed $7,723,929, 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.

ACTION: (Alvarez/Zwahlen; 7/0) Resolution 2025-425 increasing the Green Fees in accordance with Exhibit A and implementing dynamic pricing model.

MATTERS TOO LATE FOR THE AGENDA
None.

ADJOURNMENT
This meeting adjourned at 8:17 P.M.

Attest: ____________________________
Diane Nayares-Perez, 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: Brittoni Estrella, et al. v. City of Modesto et al.

United States Eastern District
Case No.: 1:22-cv-00921
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 13, 2026
Date: December 16, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Director of Engineering Services/City Engineer SUBJECT: Award Construction Contract for the 2026 Sport Court Lighting Project CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], 209-571-5526
DESCRIPTION:

Consider approving the Plans and Specifications for the 2026 Sport Court Lighting Project at Downey Community Park, East La Loma Park, and Roosevelt Park, accepting the Bid and Awarding a Construction Contract to Bockmon & Woody Electric Co., Inc. of Stockton, CA, in the amount not to exceed $ 327,828. (Funding Source: Measure H) STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s 2025-26 Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

With an estimated $70+ million in deferred maintenance in our park system, a multiyear plan has been established to help systematically address deferred maintenance.

In June 2025, by Resolution 2025-186, Council approved the Fiscal Year (FY) 2025-2026 budget, which included $320,000 of Measure H funding for sport court lighting at various park locations. The 2026 Sport Court Lighting Project consists of the removal of existing light fixtures and installation of new LED light fixtures on the existing light poles at the tennis courts at Downey Community Park, East La Loma Park, and Roosevelt Park.

DISCUSSION:

The project was advertised for bids on OpenGov on October 29, 2025. Bids were publicly opened on December 2, 2025, pursuant to City Charter Section 1307 and four (4) bids were received. Three (3) of those bids were determined non-responsive, leaving one (1) responsive bid. Bockmon & Woody Electric Co., Inc. of Stockton, CA, was determined to be the responsible bidder with the lowest responsive bid of $292,703. Due to the low bid being within 5% of the engineer’s estimate and some of the non-responsive bids being close in price to the responsive bidder, bidding competition was evident in the bid process. Furthermore, rebidding would add #9..
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Award Construction Contract for the 2026 Sport Court Lighting Project

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time and cost to likely offset any potential savings associated with rebidding the project. The bid tabulation is attached, and a summary of the responsive bid is below:

The bid analysis is:

Number of bids received 1
Number of bids within 10% of engineer’s estimate 1
Number of bids above the engineer’s estimate 1
Number of bids below the engineer’s estimate 0
Percent low bid is above the engineer’s estimate 4.91%
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. The award of contract for the construction of the 2026 Sport Court Lighting Project, to Bockmon & Woody Electric Co., Inc. of Stockton, CA, conforms to the Modesto Municipal Code because the City complied with the formal bid procedures and Bockmon & Woody Electric Co., Inc. of Stockton, CA, was the lowest responsive and responsible bidder.

The City’s “Change Order Approval Policy” enacted by Council Resolution No. 1994-443 on July 19, 1994, revised on July 9, 2019, by Council Resolution No. 2019-326, and revised a second time on September 12, 2023, by Council Resolution No. 2023-405, established a contract change order authority of 10% for construction contracts up to $10,000,000. However, staff is requesting the Engineering Services Director’s Authority to issue change orders of 12% ($35,125) of the construction contract amount, because this project is a small renovation project that has the potential for a higher amount of change orders.

While the contingency policy is utilized for each construction contract awarded by the City, it is not written into each contract, nor is it a guaranteed amount included in the final compensation to the contractor. Prior to bidding a project, staff works diligently to ensure that all projects and bid packages contain well-defined scopes of work and that all projects stay within budget.

FISCAL IMPACT:

Funding for this project is budgeted in Non-Capital Improvement Project (Non-CIP) account #101672 (25-26 Park Maint – Measure H). Additional funds, in the amount of $100,879, will be required to complete the project. Those funds will come from already allocated Measure H funding in CIP accounts that currently have tasks that are complete with remaining funds or anticipated remaining funds. No additional funding beyond what has already been allocated from Measure H is being requested at this time. The expense and revenue budget for the project shall be as outlined below:

Funding Sources (Measure H)
Project 101672 (current funding) $ 320,000
Project 101602 (remaining funds from completed tasks) $ 100,879 Project Funding Sources $ 420,879
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COMMITTEE RECOMMENDATION:

On August 11, 2025, this project was one of several park construction projects presented to the Safety and Communities Committee for consideration to minimize the time between bidding and Council award. The Committee approved the item to be forwarded to Council for approval.

CEQA/NEPA REQUIREMENTS:

City staff prepared a Notice of Exemption No. EA/PR&N 2025-05, and the project is categorically exempt from CEQA because it is a minor alteration to an existing facility involving a negligible or no expansion of use.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving the Plans and Specifications for the 2026 Sport Court Lighting Project, accepting the Bid and Awarding a Construction Contract to Bockmon & Woody Electric Co, of Stockton, CA, in the amount of $292,703, authorizing $35,125, for contingency (if needed), for a total payment amount not to exceed $327,828, and authorizing the City Manager, or his designee, to execute the Agreement.

Resolution amending the Fiscal Year 2025-26 Non-Capital Improvement Program budget to fund Project #101672 (25-26 Park Maint – Measure H) and Project #101602 (24/25 Preventative Maintenance – Measure H) in an amount not to exceed $100,879, 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.

Approved by:

Toby Wells, Director of Engineering Services/City
Engineer
Joseph P. Lopez, City Manager
Attachments:

1. Resolutions (2)

2. Construction Contract – Bockmon & Woody Electric Co.

3. Financial Interest Disclosure Form - Bockmon & Woody Electric Co

4. Bid Results

ESTIMATED CONSTRUCTION EXPENSES
Construction $ 292,703
Construction Contingency (12%) $ 35,125
Construction Administration – City Staff (10%) $ 29,270 Design Support During Construction and Permitting (3%) $ 8,781 Previously spent/committed funds $ 55,000
Total Estimated Project Cost $ 420,879
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01/13/2026/ESD/NHoux/Item XX 1 2026-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2026-

RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE 2026 SPORT COURT LIGHTING PROJECT, ACCEPTING THE BID AND

AWARDING A CONSTRUCTION CONTRACT TO BOCKMON & WOODY
ELECTRIC CO, OF STOCKTON, CA, IN THE AMOUNT OF $292,703, AUTHORIZING $35,125, FOR CONTINGENCY (IF NEEDED), FOR A TOTAL PAYMENT AMOUNT NOT TO EXCEED $327,828, AND AUTHORIZING THE

CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT WHEREAS, a multiyear plan has been established to help systematically address the deferred maintenance in the park system; and
WHEREAS, in June 2025, by Resolution 2025-186 Council approved the FY 2025-2026 budget, which included $350,000 of Measure H funding for sport court lighting at various parks; and
WHEREAS, the 2026 Sport Court Lighting Project consists of the removal of existing light fixtures and installation of new LED light fixtures on the existing light poles at the tennis courts at Downey Community Park, East La Loma Park, and Roosevelt Park; and
WHEREAS, the project was advertised for bids on October 29, 2025; and WHEREAS, bids were publicly opened on December 2, 2025, pursuant to City Charter Section 1307, and four bids were received; however, three were deemed nonresponsive due to a failure to turn in bid bonds, leaving one responsive bid; and WHEREAS, Bockmon & Woody Electric Co., Inc. of Stockton, CA, was determined to be the responsible bidder with the lowest responsive bid; 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; and
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01/13/2026/ESD/NHoux/Item XX 2 2026-XX
WHEREAS, the award of contract for the construction of the 22026 Sport Court Lighting Project, to Bockmon & Woody Electric Co., Inc. of Stockton, CA, conforms to Modesto Municipal Code, 8-3.203; and
WHEREAS, staff is requesting the Engineering Services Director’s Authority to issue change orders of 12% ($35,125) of the construction contract amount because this project is a small renovation project that has the potential for a higher amount of change orders; and
WHEREAS, staff recommends awarding a construction contract to Bockmon & Woody Electric Co., Inc. of Stockton, CA.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the plans and specifications for the 2026 Sport Court Lighting Project, accepts the Bid and awards a construction contract to Bockmon & Woody Electric Co., Inc. of Stockton, CA, in the amount of $292,703, plus $35,125, in contingency (if needed), for a total amount not to exceed $327,828.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the contract, in a form approved by the City Attorney. #9..
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01/13/2026/ESD/NHoux/Item XX 3 2026-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 13th day of January 2026, 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 votes:

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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01/13/2026/ESD/NHoux/Item XX 1 2026-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2026-
RESOLUTION AMENDING THE FISCAL YEAR 2025-26 NON-CAPITAL IMPROVEMENT PROGRAM BUDGET TO FUND PROJECT #101672 (25-26 PARK MAINT – MEASURE H) AND PROJECT #101602 (24/25 PREVENTATIVE MAINTENANCE – MEASURE H) IN AN AMOUNT NOT TO EXCEED $100,879,

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 WHEREAS, the City plans to remove the existing light fixtures and install new LED light fixtures on the existing light poles at the tennis courts at Downey Community Park, East La Loma Park, and Roosevelt Parkes, as part of the 2026 Sport Court Lighting Project; and
WHEREAS, Measure H funding of $100,879, must be allocated to fund a portion of the project; and
WHEREAS, the Fiscal Year 2025-2026 Non-Capital Improvement Budget must be amended to fund Project 101672 (25-25 Park Maint - Measure H), and Project 101602 (24/25 Preventative Maintenance – Measure H) in a total amount of $100,879, to establish transfers, recognize revenue, and increase expenditures.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the amendments of the Fiscal Year 2025-2026 Non-Capital Improvement Program Budget to fund Project 101672 (25-25 Park Maint - Measure H), and Project 101602 (24/25 Preventative Maintenance – Measure H) in an amount not to exceed $100,879, in transfers, revenue and to budget expenditures to fund the project.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to take the necessary steps to implement the provisions of this resolution. #9..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 13th day of January 2026, 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 votes:

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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Bid Tabulation Wednesday, December 3, 2025
Project Title: 2026 Sport Court Lighting Project
Project ID #: 2026-08
Vault ID #: 19-D-0409
Bid Opening: 12/2/2025 at 11:00 AM Designer: Pezzoni Engineering, Inc.

Basis of Award: Base Bid Design Manager: Jason Ortega
Project Description: The project consists of the removal of existing light fixtures and installation of new LED light fixtures on the existing light poles at the tennis courts at Downey Community Park, East La Loma Park, and Roosevelt Park.

Item # Item Description Units Quantity Unit Price Extension Apparent Low Bidder
Bockmon & Woody Electric Company, Inc.

Ph (209) 464-4878 1528 El Pinal Drive, Stockton, CA 95205 Base Bid

1. Downey Park Sport Court Lighting LS 1 $84,724.00 $84,724.00

2. East La Loma Park Sport Court Lighting LS 1 $122,014.00 $122,014.00

3. Roosevelt Park Sport Court Lighting LS 1 $85,965.00 $85,965.00 Total: $292,703.00
Percent From Engineer's Estimate: 4.91%
Engineer's Estimate
Base Bid

1. Downey Park Sport Court Lighting LS 1 $81,000.00 $81,000.00

2. East La Loma Park Sport Court Lighting LS 1 $108,000.00 $108,000.00

3. Roosevelt Park Sport Court Lighting LS 1 $90,000.00 $90,000.00 Total: $279,000.00
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 13, 2026
Date: December 16, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Director of Engineering Services/City Engineer SUBJECT: Second Amendment to the Agreement with Callander Associates Landscape Architecture, Inc. for the Design of Dr. Martin Luther King Jr. Park Renovation Project
CONTACT: Nathan Houx, Parks Planning and Development Manager, [email protected], 209-571-5526
DESCRIPTION:

Consider approving a Second Amendment to the Agreement with Callander Associates Landscape Architecture, Inc. for additional tasks related to Construction Documentation and Bidding and Construction Support for the Dr. Martin Luther King Jr. Park Renovation Project, for a new total amount not to exceed $874,419. (Funding Source: Various Funds) STRATEGIC PLAN ELEMENT:

This item is consistent with the following 2025-2026 Strategic Plan Area of Focus: Quality of Life.

BACKGROUND:

Dr. Martin Luther King Jr. Park, formally known as Mellis Park, is an approximately nine (9) acre City owned park site located in the heart of a diverse urban community in West Modesto. Within Dr. Martin Luther King Jr. Park is the existing King-Kennedy Memorial Center, which has been open and available for public use since 1969. The Center includes an auditorium, commercial kitchen, offices and meeting room. Existing recreation amenities at the park include a school age playground, tot lot playground, basketball courts, barbeque pavilion, horseshoe pit and baseball fields.

In 2019, through a series of public meetings, the community aided in the development of a new Concept Master Plan for the Dr. Martin Luther King Jr. Park. On December 9, 2021, the Concept Master Plan was awarded $8,500,000 of Proposition 68 – California Statewide Park Program, Round 4 Funding for professional design consultant activities and construction.

On May 2, 2023, by Resolution No. 2023-199, Council approved an Agreement with Callander Associates Landscape Architecture, Inc., for $684,927 plus 10% additional services of $68,492, for a total not to exceed $753,419, for the preparation of construction documentation for the Dr.

Martin Luther King Jr. Park Renovation Project.
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On June 24, 2025, by Resolution No. 2025-253, Council approved a First amendment to the agreement with Callander Associates Landscape Architecture, Inc., for an increase of $20,000, for a total revised amount not to exceed $773,419.

DISCUSSION:

The Agreement amount with Callander Associates Landscape Architecture, Inc. is for $773,419.

Since the start of design in 2024, there have been four (4) additional service requests approved by the Department Director, as allowed in the Agreement, for a total amount of $68,485. The additional service requests included additional design support regarding the trash enclosure, parking lot and the inclusion of bid alternatives.

In November 2025, at the City’s request, Callander Associates Landscape Architecture, Inc., submitted a budget augmentation for additional tasks exceeding the $773,419 authorized in the Original Agreement and the First Amendment. The estimated additional tasks resulted in increased costs, totaling $90,000, for the following:

1. Expanded Bidding and Construction Support beyond what was anticipated in the Agreement of $51,150.

2. Additional Reimbursable Expenses of $300.

3. Additional Construction Documentation which includes design services needed to make exterior improvements to the King-Kennedy Memorial Center of $38,550.

Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid. However, exceptions to the formal bidding process are granted in MMC 8-3.204(f), “Where the Purchasing Manager, in his or her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar goods or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services.”
FISCAL IMPACT:

Funding for this project is budgeted in Capital Improvement Program (CIP) account #101382 (Dr MLK Jr Park Renovation). No additional funding is needed to fund Amendment #2 to the design agreement.

ANTICIPATED AGREEMENT EXPENDITURES WITH PROPOSED AMENDMENT Original Design Agreement – Mark Thomas & Company, Inc. $ 684,927 First Amendment to Agreement $ 20,000
Proposed Second Amendment to Agreement $ 90,000
10% Additional Services (if needed) $ 79,492
TOTAL $ 874,419
COMMITTEE RECOMMENDATION:

This item was scheduled for the Safety and Communities Committee on December 15, 2025.

However, due to a lack of quorum, the meeting was canceled. #10..
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Second Amendment to the Agreement with Callander Associates Landscape Architecture, Inc. for the Design of Dr. Martin Luther King Jr. Park Renovation Project

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CEQA/NEPA REQUIREMENTS:

Staff has prepared a Statement of Categorical Exemption No. EA/PRN 2019-03 for Dr. Martin Luther King, Jr. Park Renovation and the project is exempt from CEQA due to the fact that it is a reconstruction of existing or similar facilities within the same area and for the same purpose with minimal expansion of use compared to the existing park.

RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution approving a Second Amendment to the Agreement with Callander Associates Landscape Architecture, Inc. for additional tasks related to Construction Documentation and Bidding and Construction Support for the Dr. Martin Luther King Jr. Park Renovation Project, increasing the Agreement amount by $90,000 to a new total amount not to exceed $794,927, plus $79,492 in additional services, if needed, for a total amount not to exceed $874,419, and authorizing the City Manager, or his designee, to execute the Amendment.

Approved by:

Toby Wells, Director of Engineering Services/City
Engineer
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Second Amendment to the Agreement with Callander Associates Landscape Architecture, Inc.

3. Exhibits A-2 & B-2

4. Amendment 1 with Callander Associates Landscape Architecture, Inc.

5. Original Agreement with Callander Associates Landscape Architecture, Inc. #10..
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01/13/2026/ESD/NHoux/Item XX 1 2026-XX

MODESTO CITY COUNCIL
RESOLUTION NO. 2026-

RESOLUTION APPROVING A SECOND AMENDMENT TO THE AGREEMENT WITH CALLANDER ASSOCIATES LANDSCAPE ARCHITECTURE, INC. FOR

ADDITIONAL TASKS RELATED TO CONSTRUCTION DOCUMENTATION
AND BIDDING AND CONSTRUCTION SUPPORT FOR THE DR. MARTIN LUTHER KING JR. PARK RENOVATION PROJECT, INCREASING THE AGREEMENT AMOUNT BY $90,000 TO A NEW TOTAL AMOUNT NOT TO EXCEED $794,927, PLUS $79,492 IN ADDITIONAL SERVICES, IF NEEDED, FOR A TOTAL AMOUNT NOT TO EXCEED $874,419, AND AUTHORIZING

THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AMENDMENT WHEREAS, on May 2, 2023, by Resolution No. 2023-199, Council approved an Agreement with Callander Associates Landscape Architecture, Inc., for $684,927 plus 10% additional services of $68,492, for a total not to exceed $753,419, for the preparation of construction documentation for the Dr. Martin Luther King Jr. Park Renovation Project; and
WHEREAS, on June 24, 2025, by Resolution No. 2025-253, Council approved a First amendment to the agreement with Callander Associates Landscape Architecture, Inc., for an increase of $20,000, for a total revised amount not to exceed $773,419; and WHEREAS, in November of 2025, at the City’s request, Callander Associates Landscape Architecture, Inc., submitted a budget augmentation for additional tasks exceeding the $773,419, authorized in the Original Agreement and First Amendment; and WHEREAS, the estimated additional tasks resulted in increased costs, totaling $90,000, for the following:

1. Expanded Bidding and Construction Support beyond what was anticipated in the Agreement

2. Additional Reimbursable Expenses
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01/13/2026/ESD/NHoux/Item XX 2 2026-XX

3. Additional Construction Documentation which includes design services needed to make exterior improvements to the King-Kennedy Memorial Center; and
WHEREAS, Modesto Municipal Code Section 8-3.203 generally requires all purchases, which meet or exceed $100,000 for material, equipment, or contractual services to be formally bid; however, exceptions to the formal bidding process are granted in MMC 8-3.204(f), “Where the Purchasing Manager, in his or her discretion, determines that it is appropriate to amend the services or goods provided under an existing agreement to include additional similar goods or services, of limited quantity or scope, in order to increase efficiency and avoid delays or disruptions to City projects or services.”
NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Modesto that it hereby approves a Second Amendment to the Agreement with Callander Associates Landscape Architecture, Inc. for additional tasks related to Construction Documentation and Bidding and Construction Support for the Dr. Martin Luther King Jr.

Park Renovation Project, increasing the Agreement amount by $90,000 to a new total amount not to exceed $794,927, plus $79,492 in additional services, if needed, for a total amount not to exceed $874,419.

BE IT FURTHER RESOLVED that the City Manager, or his designee, is authorized to execute the Second Amendment to the Agreement, in a form approved by the City Attorney.
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01/13/2026/ESD/NHoux/Item XX 3 2026-XX
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 13th day of January 2026, 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 votes:

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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SECOND AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES WITH CALLANDER ASSOCIATES LANDSCAPE ARCHITECTURE, INC. FOR THE DR. MARTIN LUTHER KING JR. PARK RENOVATION PROJECT
This Second Amendment to Agreement for Consultant Services (“Second Amendment”) is made by and between the CITY OF MODESTO (“City”) and CALLANDER ASSOCIATES LANDSCAPE ARCHITECTURE, INC. (“Consultant”) on this _____ day of ______________, 2026 (Effective Date).

RECITALS
This Second Amendment is made with regard to the following recitals:

A. City and Consultant entered into an Agreement for Consultant Services for the Dr. Martin Luther King Jr. Park Renovation Project on May 2, 2023, approved via Council Resolution No. 2023-199 (the “Original Agreement”); and B. City and Consultant entered into a First Amendment to Agreement for Consultant Services for the Dr. Martin Luther King Jr. Park Renovation Project on June 24, 2025, approved via Council Resolution No. 2025-253 (“First Amendment”) (hereinafter the Original Agreement and First Amendment are collectively referred to as the “Agreement”); and C. Paragraph no. 9 “AMENDMENTS” of the Agreement states “Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work”; and
D. Paragraph no. 3 “COMPENSATION” of the Agreement for Consultant Services specifies the sum of SEVEN HUNDRED FOUR THOUSAND NINE HUNDRED TWENTY-SEVEN AND 00/100 DOLLARS ($704,927.00) as the total compensation Consultant agrees to accept for performing all services and furnishing all staffing and materials #10..
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for the project as well as performance by Consultant of all of its duties and obligations required in the Agreement, except that additional services may be compensated as described below.

Additional Services may be authorized by the Department Director in an amount up to, but not to exceed SIXTY-EIGHT THOUSAND FOUR HUNDRED NINTEY-TWO AND 00/100 DOLLARS ($68,492). In that event, the new total compensation shall not exceed SEVEN

HUNDRED SEVENTY-THREE THOUSAND FOUR HUNDRED NINETEEN AND 00/100 DOLLARS ($773,419.00); and
E. On November 18, 2025, at the City’s request, Consultant submitted to City a budget augmentation for additional tasks in excess of the $68,492.00 authorized in the Agreement, attached hereto as Exhibit “A-2” to this Second Amendment; and F. The estimated additional tasks result in increased costs as follows:

1. Expanded Bidding and Construction Support (Task #3): Additional Services for Continued Support during the Construction Phase of the Project - $51,150.00.

2. Additional Reimbursable Expenses - $300.00.

3. Additional Construction Documentation (Task #2): Additional design services for exterior improvements to the King-Kennedy Memorial Center - $38,550.00; and
G. The aforementioned estimated additional tasks increase the amount of the Agreement by NINETY THOUSAND AND 00/100 DOLLARS ($90,000.00). The amount listed above is the estimated level of effort for the task. In no case shall the total fee exceed the total contract amount under the Agreement and this Second Amendment to Agreement without memorializing an additional written amendment to the Agreement and must be signed by both parties; and
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H. The parties to the Agreement and to this Second Amendment now understand and agree that it is necessary to modify paragraph no. 1 entitled “SCOPE OF SERVICES” of the Agreement; and
I. The parties to the Agreement and to this Second Amendment now understand and agree it is necessary to modify paragraph no. 3 entitled “COMPENSATION” of the Agreement; and
J. The parties to the Agreement and to this Second Amendment further understand and agree the Agreement is modified solely by the modifications contained in this Second Amendment and in no other way whatsoever. All other terms and conditions contained in the Agreement remain the same; and
NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements contained herein, the parties mutually agree and covenant as follows:

1. The parties agree that each of the recitals set out above is factually true and correct.

2. Exhibits A-2 and B-2, attached hereto, are hereby incorporated and made a part of the Agreement by this reference.

3. Section 1 entitled “SCOPE OF SERVICES” of the Agreement shall be deleted in its entirety and replaced with the following:

SCOPE OF SERVICES.

Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents attached to the Agreement and referred to as Exhibit “A” or “Project”. In addition, Consultant shall undertake and complete the preparation of the scope of work as set forth and described in Exhibit “A-1” and “A-2”. The Consultant shall #10..
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perform the services as described in Exhibit “A”, Exhibit “A-1” and Exhibit “A-2” in a manner compatible with the standards of its profession and shall produce a fully complete project that is acceptable to City.

4. Section no. 3 entitled “COMPENSATION” of the Agreement between the parties shall be deleted in its entirety and replaced with the following:

COMPENSATION.

Consultant agrees to accept a sum not to exceed SEVEN HUNDRED FOURTY-FOUR THOUSAND NINE HUNDRED TWENTY SEVEN AND 00/100 DOLLARS ($794,927.00), (maximum compensation) as full remuneration for performing all services and furnishing all staffing and materials in accordance with Exhibit “A”, Exhibit “A-1” and Exhibit “A-2” attached hereto and for performance by Consultant of all of its duties and obligations under this Agreement and the Second Amendment, except that additional services may be compensated as described below.

The compensation shall be paid pursuant to in the manner and at the times set forth below:

City shall pay Consultant on a time and materials basis for Consultant's actual costs for all work called for in Exhibit "A", Exhibit “A-1” and Exhibit “A-2”. All future work to be performed under this Agreement shall be billed at the hourly rates set forth in Exhibit "B-2" attached hereto. Consultant shall submit monthly invoices to City which include detailed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any outof-pocket costs paid by Consultant in connection with work performed on this project.

No retainage will be withheld by City from progress payments due the Consultant. Retainage by the Consultant or subconsultants is prohibited, and no retainage will be #10..
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held by the Consultant from progress due subconsultants. Any violation of this provision shall subject the violating Consultant or subconsultants to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the Consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the Consultant or deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE Consultants and subconsultants.

Reimbursable Expenses including all printing and reproduction, travel, vehicle mileage, delivery and horticultural soils samples expenses will be billed at cost plus 15%. The total cost for all reimbursable expenses for the Project shall not exceed $27,265 and is included in the not to exceed figure of $794,927. It is the responsibility of the Consultant to manage reimbursable expenses to ensure that they do not exceed this budget. Reimbursable expenses shall be invoiced to the City by monthly invoices and shall itemize the reimbursable expenses incurred during the preceding month and indicate the amount due.

Additional services may be authorized by the Department Director in an amount up to, but not to exceed ten percent (10%) of the contract amount, SEVENTY-FOUR THOUSAND FOUR HUNDRED NINETY-TWO AND 00/100 DOLLARS ($79,492.00). In the event that additional services are deemed necessary, the Consultant shall provide a written request to the Department Director, or designee, indicating the reason for additional work, scope and cost of such work. The Department Director, or designee, shall provide a written response to the request, either approving or denying the additional expenditure. If future additional services are requested and approved, they will be billed at the hourly rates set forth in Exhibit “B-2” and #10..
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may not exceed the amount requested and approved in writing by the Department Director. In that event, the new total compensation shall not exceed EIGHT HUNDRED SEVENTY FOUR THOUSAND FOUR HUNDRED NINETEEN AND 00/100 DOLLARS ($874,419.00). If additional services in excess of this amount are deemed necessary by City Staff, an amendment to this Agreement will be required and must be approved by the City Council prior to commencing the work, as provided in Paragraph 9 of the Agreement.

5. Section 2 entitled “TERM OF AGREEMENT”, of the Agreement shall be deleted in its entirety and replaced with the following:

TERM OF AGREEMENT.

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

Consultant shall undertake and complete the preparation of the scope of work as set forth and described in the documents commonly referred to as “project” attached hereto as Exhibit "A", Exhibit “A-1” and Exhibit “A-2” and made a part hereof. City hereby gives Consultant notice to proceed with the preparation of the project in the manner described in Exhibit "A", Exhibit “A-1” and Exhibit “A-2”, as of the Effective Date of this agreement.

Consultant shall diligently proceed with the Professional Design Consulting Services of the Project until the completion of items shown in Exhibit “A”, Exhibit “A-1” and Exhibit “A-2”.

6. Except as herein amended or modified, the provisions of the Agreement are expressly reaffirmed and remain in full force and effect to the extent they are not in conflict with this Second Amendment.
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IN WITNESS WHEREOF, CITY OF MODESTO, a municipal corporation, has authorized the execution of this Second Amendment in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. , adopted by the Council of the City of Modesto on the ____ day of ___________, 2026, and CALLANDER ASSOCIATES LANDSCAPE ARCHITECTURE, INC. has caused this Second Amendment to be duly executed as of the Effective date.
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www.callanderassociates.com

BURLINGAME GOLD RIVER SAN JOSE
1633 Bayshore Highway, Suite 133 12150 Tributary Point Drive, Suite 140 2025 Gateway Place, Suite 285 Burlingame, CA 94010 Gold River, CA 95670 San Jose, CA 95110 650.375.1313 916.985.4366 408.275.0565
23023_ASA6_KingKennedyImprovements.doc
Recreate
Educate
Live+Work
Connect
Sustain
November 18, 2025 Revised November 18, 2025
ADDITIONAL SERVICES AUTHORIZATION #6
TO: Nathan Houx
City of Modesto Parks, Recreation & Neighborhoods Department 1010 10th St #4400,
Modesto, CA 95354
Email:

RE: DR. MARTIN LUTHER KING JR. PARK RENOVATION/ ASA#6 – King-Kennedy Center Improvements and expanded Construction Assistance Budget CALA is providing these additional services to address the City’s request to provide exterior aesthetic improvements to the King-Kennedy Center.

The following additional services will be provided on this project in accordance with our agreement dated May 2, 2023 and are considered an amendment thereto:

Scope

1. King Kennedy Center Building Improvements: Coordinate the services of LDA to prepare documentation for the following improvements to the King-Kennedy Center:
a. Paint exterior of building.
b. New storefront windows
c. New metal siding at window locations
d. Replacement /modification of entrance canopy
e. Replace exterior LED wall sconces
f. Replace digital display
Documentation will be prepared for the City’s use in permitting and bidding for the above improvements. Submittals will include 100%/permit set and one permit backcheck/bid set submittal.

LDA will provide details for infill of a single window on the King-Kenndy Center to accommodate the Utility undergrounding work. Details intended for use in obtaining change order pricing from the Martin Luther King Jr. Park Renovation Contractor. No additional documentation or permitting related to the window infill is assumed in this scope.

No Bidding or Construction Support is included in this task.

2. Expanded Bidding and Construction Support: As previously discussed with you, our efforts in supporting the City and its construction manager have been greater than what was anticipated in during the negotiations with the City. As a result, we have exceeded CALA’s established budget for these services. Per your request we have prepared the following proposal to augment the Bidding and Construction Support budget to allow CALA and LDA to continue our services in support of the #10..
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Additional Services Authorization #6
RE: DR. MARTIN LUTHER KING JR. PARK RENOVATION/ ASA#6 – King-Kennedy Center Improvements and expanded construction support
November 17, 2025 November 17, 2025

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23023_ASA6_KingKennedyImprovements.doc
© copyrighted 2025 Callander Associates
Landscape Architecture, Inc.
construction of this project. We are proposing this expanded budget on an hourly basis with a tentative allowance as indicated in the Compensation portion of this proposal.

At this time, we estimate CALA’s and LDA’s Bidding and Construction Assistance (CA) budget to be expended by or before the end of December 2025. This Authorization will update CALA’s CA budget to $18,700. CALA will erode this budget per the rate schedule of the Contract. At an average hourly rate of $200/hr this will allow CALA to provide approximately 90 hours of Construction Assistance including submittal reviews and assistance with RFI responses. Based on an estimated 14 months remaining in the construction period this will allow for an average of 6 hours per month.

Additionally, LDA has indicated that they have also nearly expended their allowance for Bidding and Construction Assistance. This Authorization will update LDA’s CA budget to $32,450. LDA will erode this budget per the rate schedule of the Contract.

Compensation

1. King-Kennedy Center Building Improvements:

LDA .............................................................................................................. $37,550 CALA ............................................................................................................. $1,000 Subtotal for Task 1 – King-Kennedy Center Building Improvements ... $38,550

2. Expanded Construction Support Budget (Hourly w/ Tentative Allowance):

LDA ............................................................................................................. $32,450 CALA ........................................................................................................... $18,700 Reimbursables ................................................................................................. $300 Subtotal for Task 2 – Expanded Construction Support ......................... $51,450

Total Compensation for ASA #6 ........................................................................... $90,000 Schedule
Callander Associates will proceed to commence the above services upon receipt of a signed authorization.

Signatures
Callander Associates Landscape
Architecture, Inc.

Benjamin W. Woodside, PLA, ASLA,
Principal
Notice: Landscape architects are licensed by the State of California.

Terms and conditions are subject to change after ninety days. #10..
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Engineering Services Department
Parks Planning & Development Division
1010 Tenth Street, Suite 4400
Modesto, California 95354
209.577.5344
Modestogov.com

Exhibit “B-2”

HOURLY RATES

CONSTRUCTION DOCUMENTATION
FOR THE DR. MARTIN LUTHER KING JR. PARK PROJECT
The following hourly rates will be used for billable hours within this Agreement effective at the time of approval of the Second Amendment of Agreement.

Callander Associates
Landscape Architect
Principal $227 / hour
Senior Associate $211 / hour
Associate $196 / hour
Arborist/Construction Manager $196 / hour
Senior Project Manager $182 / hour
Project Manager 1 $167 / hour
Project Manager 2 $160 / hour
Job Captain $144 / hour
Designer 1 $134 / hour
Designer 2 $125 / hour
Assistant Designer $111 / hour
Accounting $195 / hour
Senior Project Administrator $145 / hour
Project Administrator $130 / hour
Reimbursable Expenses Rates
Expenses: printing and reproductions,
postage and delivery, mileage, travel
expenses (hotel /
food), testing and outside services, and other
project related expenses
cost + 15%
Communications and Insurance Surcharge 2.5% of total fees Subconsultant Administration 10% of Subconsultant Costs #10..
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LDA Partners
Architect
Principal Architect $275/ hour
Project Manager/ Architect $250/ hour
Planner $225/ hour
Designer / Interior $200/ hour
Job Captain $175/ hour
Draftsperson $155/ hour
Clerical/Staff $90/ hour
Hawkins & Associates
Civil Engineering
Land Planning $225 / hour
Senior Civil Engineer $225 / hour
Associate Civil Engineer $185 / hour
Project Manager $150 / hour
Project Designer $130 / hour
Design Technician $95 / hour
Clerical $60 / hour
AutoCAD Draftsman $85 / hour
Land Surveyor $225 / hour
Assistant Surveyor $150 / hour
Survey Project Manager $130 / hour
Survey Party Chief $100 / hour
Survey Technician $80 / hour
Survey Party Chief with Rover $140 / hour
Administration $75 / hour
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Capital Engineering
Electrical Engineering
Sr. Principal $275 / hour
Principal $250 / hour
Director $240 / hour
Sr. Project Manager $230 / hour
Project Manager $220 / hour
Field Services $214 / hour
Senior Engineer $195 / hour
Engineer $178 / hour
Senior Designer $165 / hour
Designer $153 / hour
Technician / CADD $141 / hour
Intern $130 / hour
Project Administrator $120 / hour
Sr. Admin. $83 / hour
Clerical / Admin. $67 / hour
Geocon
Geotechnical Engineering
Engineering Field Technician/Special Inspector I* $90 / hour Engineering Field Technician/Special Inspector II* $100 / hour Engineering Field Technician/Special Inspector
III/NDT Technician/Equipment Operator*
$110 / hour
Laboratory Technician/Engineering Assistant $100 / hour Senior Laboratory Technician $125 / hour
Laboratory Supervisor $160 / hour
Administrative Assistant/Word Processor/Technical
Editor/Dispatcher
$100 / hour
Technical Illustrator/ CAD/Drafter/GIS Specialist $125 / hour.

Staff Engineer/Geologist/Scientist/Field Supervisor* $140 / hour. #10..
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Senior Staff Engineer/Geologist/Scientist* $150 / hour.

Project Engineer/Geologist/Scientist/Construction
Supervisor*
$160 / hour.

Senior Project Engineer/Geologist/Scientist* $175 / hour.

Senior Engineer/Geologist/Scientist/Certified
Industrial Hygienist
$190 / hour.

Principal Engineer/Geologist/Scientist $215 / hour.

Senior Principal
Engineer/Geologist/Scientist/Litigation Support .
$250 / hour.

Deposition or Court Appearance . $450 / hour
Attorney Fees (General) $450 / hour.

Overtime (>8 to 12 hrs.), Saturday, and Night Rate 1.5x Regular Hourly Rate Overtime (>12 hrs.), Sunday, and Holiday Rate 2x Regular Hourly Rate Minimum Field Services Fee (per day or call-out) 4 Hours (Day) / 8 Hours (Night) Short Notice Cancellation Fee (after 4 PM the day
prior or upon/after arrival to project site)
4 Hours (Day) / 8 Hours (Night)
* Hourly Surcharge for Prevailing Wage (PW) per
California Labor Code §1720, et seq.
$50 / hour
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CITY OF MODESTO,
a municipal corporation
BY: ____________________________
JOSEPH P. LOPEZ, City Manager
ATTEST:
(Seal)
BY: ____________________________

DIANE NAYARES-PEREZ, CMC,
City Clerk
________________________________
BY: ____________________________
By _____________________________
Name Title
BY: ____________________________
By _____________________________
Name Title
APPROVED AS TO FORM:

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

BY: ____________________________
JOE F. RODRIGUEZ, Risk Manager
Federal ID # ___________
DocuSign Envelope ID: 81CD5574-025B-4EE3-983B-774F3E7DA87E Callandar Associates Landscape Architecture Inc.

Benjamin W.Woodside
943349947
Vice President
Melissa Ruth Secretary
5/10/2023
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 13, 2026
Date: December 24, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Director of Engineering Services Department / City Engineer SUBJECT: Accept the Downtown Signal Coordination G Street and H Street Project CONTACT: Peter Kambel, Senior Civil Engineer, [email protected], 209-577-5444 DESCRIPTION:

Consider accepting the Downtown Signal Coordination G Street and H Street, CML 5059(261) Project as complete, releasing securities, releasing payments totaling $1,307,037 to Bear Electrical Solutions, LLC., of Alviso, CA, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Congestion Mitigation and Air Quality and Measure L Funds) STRATEGIC PLAN ELEMENT:

The recommended action supports the City’s 2025-26 Strategic Plan Goal A: “Improve community safety and quality of life through a combination of prevention and intervention efforts that address safety and it’s underlying issues.”
BACKGROUND:

The Downtown Signal Coordination G Street and H Street Project installed fiber optic cable and connected 15 traffic signals and equipment from Bodem Street at Scenic Drive through 10th Street and back to the City’s Advanced Traffic Management System (ATMS) operation center at 1010 10th Street. The completion of this project allows for City staff in the Traffic Engineering Division to continuously monitor and improve signal performance on these two (2) major downtown streets.

DISCUSSION:

The project was advertised for bids on December 17, 2024. Bids were publicly opened on January 21, 2025, and Bear Electrical Solutions, LLC., of Alviso, CA, was the lowest responsible bidder at

35.53% below the engineers estimate.

On April 8, 2025, by Council Resolution 2025-116, Council awarded a contract to Bear Electrical Solutions, LLC, in the amount of $1,176,085. The Contractor received the Notice to Proceed with a start date of June 16, 2025. All contract work was completed on September 26, 2025. #11..
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City Council, January 13, 2026
Accept the Downtown Signal Coordination G Street and H Street Project

Page 2 of 3 ends

By accepting this project as complete, the City officially accepts the improvements made and authorizes the Notice of Completion to be filed. The City Clerk is authorized to complete all the necessary steps to file the Notice of Completion with the County Recorder, release securities, and authorize payments totaling $1,307,037. The work is covered by a one-year warranty for any issues that may arise.

Staff recommends the project for acceptance as the contractor has complied with all contract requirements for the project.

FISCAL IMPACT:

The total project costs were $1,432,330, which included design, construction, and construction administration costs. The total project amount originally budgeted was $1,587,718 which included $1,411,302, for the construction contract and contingency with Bear Electrical Solutions, LLC.

The City’s “Change Order Approval Policy” enacted by Council Resolution No. 94-443 on July 19, 1994, updated by Resolution No. 2019-326 on July 9, 2019, and revised a second time September 12, 2023, by Resolution 2023-405 established a contract change order authority of 10% for construction contracts of this dollar value. However, for this project staff requested Council’s authority for a 20% ($235,217) contingency due to a high level of uncertainty dealing with existing utilities and abandoned structures that are not accurately mapped in the downtown district.

There are five (5) change orders resulting in an overall increase of $130,952 for change order work as listed on the attached change order log. A summary of the expenditures for the overall project is listed below.
101318 – Capital Gains – Streets CIP Projects - 3160 “Fiber Drop Downtown (G&H)” PROJECT EXPENDITURES: % of Contract
Construction Contract (Bear Electrical) $1,176,085
Construction Contingency (Change Orders) 11.1% $130,952 Construction Administration – City Staff Support 7.5% $88,029 Engineering Design/Admin. – City Staff Support/Misc. 3.2% $37,264 TOTAL CONSTRUCTION EXPENDITURES: $1,432,330
COMMITTEE RECOMMENDATION:

On March 3, 2025, this project was presented to the Economic Development Committee for consideration. The Committee recommended forwarding to Council for approval.

CEQA/NEPA REQUIREMENTS:

The State has determined that this project has no significant impact on the environment as defined by the National Environmental Policy Act (NEPA).
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City Council, January 13, 2026
Accept the Downtown Signal Coordination G Street and H Street Project

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RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting Downtown Signal Coordination G Street and H Street, CML 5059(261) Project as complete, releasing securities, releasing payments totaling $1,307,037 to Bear Electrical Solutions, LLC., of Alviso, CA, and authorizing the City Clerk to file a Notice of Completion.

Approved by:
_________________________________________
Toby Wells, Director of Engineering Services/
City Engineer
_________________________________________
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Contract Change Order Log

3. Project Suspension Form

4. Notice of Completion
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1/13/2026/ESD/PKambel 1 2026-

MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX

RESOLUTION ACCEPTING DOWNTOWN SIGNAL COORDINATION G
STREET AND H STREET, CML 5059(261) PROJECT AS COMPLETE, RELEASING SECURITIES, RELEASING PAYMENTS TOTALING $1,307,037 TO BEAR ELECTRICAL SOLUTIONS, LLC., OF ALVISO, CA, AND

AUTHORIZING THE CITY CLERK TO FILE A NOTICE OF COMPLETION WHEREAS, the Downtown Signal Coordination G Street and H Street Project installed fiber optic cable and connected 15 traffic signals and equipment from Bodem Street at Scenic Drive through 10th Street and back to the City’s Advanced Traffic Management System (ATMS) operation center at 1010 10th Street. The completion of this project allows for City staff in the Traffic Engineering Division to continuously monitor and improve signal performance on these two (2) major downtown streets; and WHEREAS, the project was advertised for bids on December 17, 2024; and WHEREAS, bids were publicly opened on January 21, 2025, and Bear Electrical Solutions, LLC., of Alviso, CA, was the lowest responsible bidder at 35.53% below the engineers estimate; and
WHEREAS, on April 8, 2025, by Council Resolution 2025-116, Council awarded a contract to Bear Electrical Solutions, LLC, in the amount of $1,176,085; and WHEREAS, the Contractor received the Notice to Proceed with a start date of June 16, 2025. All contract work was completed on September 26, 2025; and WHEREAS, the total project costs were $1,432,330, which included design, construction, and construction administration costs. The total project amount originally budgeted was $1,587,718 which included $1,411,302, for the construction contract and contingency with Bear Electrical Solutions, LLC.; and
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WHEREAS, the City’s “Change Order Approval Policy” enacted by Council Resolution No. 94-443 on July 19, 1994, updated by Resolution No. 2019-326 on July 9, 2019, and revised a second time September 12, 2023, by Resolution 2023-405 established a contract change order authority of 10% for construction contracts of this dollar value; and
WHEREAS, for this project staff requested Council’s authority for a 20% ($235,217) contingency due to a high level of uncertainty dealing with existing utilities and abandoned structures that are not accurately mapped in the downtown district; and WHEREAS, there were five (5) change orders resulting in an overall increase of $130,952 for change order work as listed on the attached change order log; and WHEREAS, by accepting this project as complete, the City officially accepts the improvements made and authorizes the Notice of Completion to be filed.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Modesto that it hereby accepts the Downtown Signal Coordination G Street and H Street, CML 5059(261) Project as complete, authorizes the releasing of securities, authorizes the releasing payments totaling $1,307,037 to Bear Electrical Solutions, LLC., of Alviso, CA, and authorizes the City Clerk to file a Notice of Completion. #11..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 13th day of January, 2026, 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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CHANGE
ORDER
NO. DESCRIPTION EXECUTED AMOUNT
CAUSE

UNFORSEEN

CONDITIONS
DESIGN
ISSUE
ADDED
SCOPE

CONTRACT CHANGE ORDER LOG
Date: October 21, 2025
TIME
EXT. Approved
2025/14 - Downtown Signal Coordination G Street and H Street TERRACON PROJECT NUMBER AND NAME:
01 Fiber Upgrades 16th & H Streets and 17th & G Streets and 5 Additional Working Days
08/25/25 $15,340.00 5 W.D. No Yes Yes Yes
02 Boden Street & Scenic Drive Tie In and 1 Additional
Working Day
09/05/25 $11,100.00 1 W.D. No Yes No Yes
03 Additional Boxes for 14th & H Street & 16th & H Street and 2 Additional Working Days
09/05/25 $18,200.00 2 W.D. No Yes No Yes
04 Additional Boxes and Conduit Footage and 7 Additional Working Days
10/17/25 $79,057.00 7 W.D. No No Yes Yes
05 120 V Power to Hub Cabinets and 2 Additional Working Days
10/17/25 $7,255.00 2 W.D. No No Yes Yes
Total Change Orders Processed To Date: $130,952.00
Original Contract Amount: $1,176,085.00
IDA To:

Total Working Days Time Extension: 17
Original Director's CCO Authority: $235,217.00
IDA Date:

Total Executed Change Orders To Date: $130,952.00
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CONTRACT CHANGE ORDER LOG
Date: October 21, 2025
TIME
EXT. Approved
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MODESTO
Capital Project In Beneficial Use/Substantial Completion Notice ThisnoticemustbesubmittedtotheFinanceDepartmentwhen a capitalprojecthasreachedsubstantialcompletion,is in beneficial use or has entered the warranty period to meet financial reporting guidelines of depreciation.

Project #: 101094 Fund: 3160 Cost Center: 59999
Contact: Pete Kambel Ext: 75444
When the Project was Created was it Non-Capital or Capital: Non-Capital X Capital Project Name in Oracle: Fiber Drop Downtown (G & H)
Project Description:
(What new infrastructure
was built/created)
Project In Use/Completion Date or Council Acceptance Date: Accepted January 13,2026 Warranty Period X Yes No
Project expenses include (Check one):

If yes, Project Warranty End Date: January 13, 2027
Non-Capital X Capital Capital and Non-Capital*
If expenses are mixed - Amount of total expenses to be recorded as Capital, either dollar amount or percentage:
* IQproject expenses include Capital and Non-Capital, an Itemized list o/New Assets and Costs which make up the amount/percentage listed above must be provided with this form Authorization Signatures to Begin Depreciation of Project Expense Project Manager:

Financial Analyst(Budget): Directorof Finance: Financial Analyst (Assets):

Latest Revision
Date:

Date:

Date:
01-FEB-2025
Installing 11,895 Linear Feet of new Fiber Optic
Cable, 17 Pull boxes, and 2 Hub Cabinet
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Requested by
City of Modesto/City Clerk’s Office
Return to City of Modesto/City Clerk’s Office:

PO Box 642
Modesto CA 95353

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that on April 8, 2025, the City of Modesto, PO Box 642, Modesto, California 95353, a Municipal Corporation in the County of Stanislaus, State of California, awarded the contract to Bear Electrical Solutions, LLC., of Alviso, CA for the project titled “Downtown Signal Coordination G Street and H Street” located Bodem Street at Scenic Drive through 10th Street and back to the City’s Advanced Traffic Management System (ATMS) operation center at 1010 10th Street. On September 26, 2025, said contract, as a whole, was completed by Bear Electrical Solutions, LLC, and accepted by the Council of the City of Modesto at a regular meeting of the Council held on January 13, 2026.

CITY OF MODESTO
By
Diane Nayares-Perez, City Clerk
I certify under penalty of perjury that the foregoing is true and correct.

Date: By
Modesto, CA Diane Nayares-Perez, City Clerk
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 13, 2026
Date: December 17, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Toby Wells, Director of Engineering Services Department / City Engineer SUBJECT: Accept the Paradise Road Area Pedestrian and Bicycle Safety Improvements Project, ATPL-5059(233)
CONTACT: Peter Kambel, Senior Civil Engineer, [email protected], 209-577-5444 DESCRIPTION:

Consider accepting the Paradise Road Area Pedestrian and Bicycle Safety Improvements Project, ATPL-5059(233) as complete, releasing securities, releasing payments totaling $9,108,764 to George Reed, Inc. of Modesto, CA, and authorizing the City Clerk to file a Notice of Completion. (Funding Source: Active Transportation Program (ATP) and Local Measure L Funds)
STRATEGIC PLAN ELEMENT:

BACKGROUND:

The Paradise Road Area Pedestrian and Bicycle Safety Improvements project improved safety for bicyclists and pedestrians in the Paradise Road area and accommodated all modes of travel throughout central Modesto.

This project changed the roadway configuration of Paradise Road with the installation of roundabouts and Modesto High School pedestrian crossing improvements to create a safer pedestrian and bicycle experience along the corridor. The project also included installation or sidewalks, class II bicycle lanes and pedestrian crossings with refuge islands, curb extensions, medians, speed tables, rapid flashing beacons within existing City of Modesto right-of-way.

DISCUSSION:

The work for this project was advertised for bids on May 3, 2023. Bids were publicly opened on June 6, 2023, and George Reed, Inc. of Modesto, CA, was the lowest responsible bidder at 4.02% above the engineers estimate.
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City Council, January 13, 2026
Accept the Paradise Road Area Pedestrian and Bicycle Safety Improvements Project, ATPL-5059(233)

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On August 22, 2023, by Resolution 2023-380, Council awarded a contract to George Reed, Inc, in the amount of $8,529,985. The Contractor received the Notice to Proceed with a start date of September 27, 2023. All contract work was completed on February 27, 2025.

By accepting this project as complete, the City officially accepts the improvements made and authorizes the Notice of Completion to be filed. The City Clerk is authorized to complete all the necessary steps to file Notice of Completion with the County Recorder, release securities, and authorize payments totaling $9,108,764. The work is covered by a one-year warranty for any issues that may arise.

Staff recommends the project for acceptance as the contractor has complied with all contract requirements for the project.

FISCAL IMPACT:

The total project costs were $10,835,430, which included design, City forces, construction, and construction administration costs. The total project amount originally budgeted was $11,174,096 which included $9,382,983 for the construction contract and contingency with George Reed, Inc.

There were sixteen (16) change orders resulting in an overall increase of $578,779 for change order work as listed on the attached change order log. A summary of the expenditures for the overall project is listed below.
101042– Capital Grants – Streets CIP Projects – 3160 “Paradise Road ATP” PROJECT EXPENDITURES: % of contract
Construction Contract $8,529,985
Construction Contingency (Change Orders) 6.8% $578,779
City Construction Forces 0.4% $32,990
Construction Administration – City Staff Support 5.9% $502,357 Engineering Design/Admin. – City Staff Support/Misc. 14.0% $1,191,319 TOTAL CONSTRUCTION EXPENDITURES: $10,835,430
COMMITTEE RECOMMENDATION:

On August 9, 2022, the Finance Committee approved a list of upcoming Capital Improvement projects for Council approval to award, which included the Paradise Road Area Pedestrian and Bicycle Safety Improvements project.

CEQA/NEPA REQUIREMENTS:

Environmental review has been provided through a Categorical Exemption under CEQA Section 15301, EA/CEDD 2023-07, filed March 24, 2023.
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City Council, January 13, 2026
Accept the Paradise Road Area Pedestrian and Bicycle Safety Improvements Project, ATPL-5059(233)

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RECOMMENDED COUNCIL ACTION:

Staff Recommendations:

Resolution accepting Paradise Road Area Pedestrian and Bicycle Safety Improvements Project, ATPL-5059(233) as complete, releasing securities, releasing payments totaling $9,108,764 to George Reed, Inc. of Modesto, CA, and authorizing the City Clerk to file a Notice of Completion.

Approved by:
_________________________________________
Toby Wells, Director of Engineering Services/
City Engineer
_________________________________________
Joseph P. Lopez, City Manager
Attachments:

1. Resolution

2. Contract Change Order Log

3. Project Suspension Form

4. Notice of Completion
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MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX

RESOLUTION ACCEPTING PARADISE ROAD AREA PEDESTRIAN AND
BICYCLE SAFETY IMPROVEMENTS PROJECT, ATPL-5059(233) AS

COMPLETE, RELEASING SECURITIES, RELEASING PAYMENTS
TOTALING $9,108,764 TO GEORGE REED, INC. OF MODESTO, CA, AND

AUTHORIZING THE CITY CLERK TO FILE A NOTICE OF COMPLETION WHEREAS, the Paradise Road Area Pedestrian and Bicycle Safety Improvements project improved safety for bicyclists and pedestrians in the Paradise Road area and accommodated all modes of travel throughout central Modesto; and WHEREAS, this project changed the roadway configuration of Paradise Road with the installation of roundabouts and Modesto High School pedestrian crossing improvements to create a safer pedestrian and bicycle experience along the corridor. The project also included installation or sidewalks, class II bicycle lanes and pedestrian crossings with refuge islands, curb extensions, medians, speed tables, rapid flashing beacons within existing City of Modesto right-of-way; and WHEREAS, the project was advertised for bids on May 3, 2023; and WHEREAS, bids were publicly opened on June 6, 2023, and George Reed, Inc. of Modesto, CA, was the lowest responsible bidder at 4.02% above the engineers estimate; and
WHEREAS, on August 22, 2023, by Resolution 2023-380, Council awarded a contract to George Reed, Inc, in the amount of $8,529,985; and WHEREAS, the Contractor received the Notice to Proceed with a start date of September 27, 2023. All contract work was completed on February 27, 2025; and WHEREAS, the total project costs were10,835,430, which included design, City forces, construction, and construction administration costs. The total project amount #12..
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originally budgeted was $11,174,096 which included $9,382,983 for the construction contract and contingency with George Reed, Inc.; and
WHEREAS, the City’s “Change Order Approval Policy” enacted by Council Resolution No. 94-443 on July 19, 1994, updated by Resolution No. 2019-326 on July 9, 2019, and revised a second time September 12, 2023 by Resolution 2023-405 established a contract change order authority of 10% ($852,998) for construction contracts of this amount; and
WHEREAS, there were sixteen (16) change orders resulting in an overall increase of $578,779 for change order work as listed on the attached change order log; and WHEREAS, by accepting this project as complete, the City officially accepts the improvements made and authorizes the Notice of Completion to be filed.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Modesto that it hereby accepts the Paradise Road Area Pedestrian and Bicycle Safety Improvements Project, ATPL-5059(233) as complete, authorizes the releasing of securities, authorizes the releasing of payments totaling $9,108,764 to George Reed, Inc. of Modesto, CA, and authorizes the City Clerk to file a Notice of Completion. #12..
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The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 13th day of January, 2026, 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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CHANGE
ORDER
NO. DESCRIPTION EXECUTED AMOUNT
CAUSE

UNFORSEEN

CONDITIONS
DESIGN
ISSUE
ADDED
SCOPE

CONTRACT CHANGE ORDER LOG
Date: November 14, 2025
TIME
EXT. Approved
2023/13 - Paradise Road Area Pedestrian and Bicycle Safety Improvements, ATPL 5059(233) (101042) TERRACON PROJECT NUMBER AND NAME:
01 Updated Section 14 Exhibit 12G 09/25/23 $0.00 0 W.D. No Yes No Yes 02 Re-Route 6 Inch SS Line to Manhole 05/23/24 $10,279.63 0 W.D. No Yes No Yes 03 Install Geo-Grid Fabric 07/08/24 $8,000.00 0 W.D. No Yes No Yes 04 Stripe MHS Parking Lot 09/04/24 $5,637.50 0 W.D. No Yes No Yes 05 Install Clean Out at Rockwell 09/04/24 $8,592.80 0 W.D. No Yes No Yes 06 Construct Round About at Washington & Vine Street. 09/23/24 $216,641.99 0 W.D. No No Yes Yes 07 Relocate Bus Stop and Install ADA Grate 09/23/24 $3,567.95 0 W.D. No No Yes Yes 08 Install Custom Signs and Paint Curbs 11/18/24 $11,605.00 0 W.D. No No Yes Yes 09 Stripe Washington Street Parking Lot 01/24/25 $4,662.00 0 W.D. No No Yes Yes 10 Bid Item Overages 01/24/25 $472,482.66 0 W.D. No Yes No Yes 11 Additional Cost MID to Protect Overhead Lines 01/24/25 $14,559.00 0 W.D. Yes Yes No Yes 12 Storm Drain Conflicts on Paradise Road 01/24/25 $20,831.12 0 W.D. No Yes No Yes 13 Install 30 Inch x 24 Inch Domes 03/19/25 $26,624.00 0 W.D. No No Yes Yes 14 Transport Domes to the City Corp Yard 04/17/25 $1,101.32 0 W.D. No No Yes Yes 15 Remove and Replace 70 LF of Ornamental Fence 07/22/25 $48,116.10 0 W.D. No Yes No Yes 16 Balancing Change Order - Adjust Quantities Consistent with Field Conditions
-$273,922.10 0 W.D. No No Yes No
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CAUSE

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ISSUE
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CONTRACT CHANGE ORDER LOG
Date: November 14, 2025
TIME
EXT. Approved
Total Change Orders Processed To Date: $578,778.97
Original Contract Amount: $8,529,984.20
IDA To: $852,988.00
Total Working Days Time Extension: 0
Original Director's CCO Authority: $682,398.80
IDA Date: 8/22/2023
Total Executed Change Orders To Date: $852,701.07
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CAUSE

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CONTRACT CHANGE ORDER LOG
Date: November 14, 2025
TIME
EXT. Approved
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Project #: 101042 Fund: 3160 Cost Center: 14999
Contact: Pete Kambel Ext: 75444
When the Project was Created was it Non-Capital or Capital: Non-Capital X Capital Project Name in Oracle: Paradise Road ATP
Project Description:
(What new infrastructure
was built/created)
Project In Use/Completion Date or Council Acceptance Date: Accepted January 13, 2026 Warranty Period X Yes No
Project expenses include (Check one):

Financial Analyst(Budget): Directorof Finance: Financial Analyst (Assets):

Latest Revision
Date:

Date:

Date:
01-FEB-2025
Installation of sidewalks, class II bicycle lanes and
pedestrian crossings with refuge islands, curb
extensions, medians, roundabouts, speed tables,
rapid flashing beacons along Paradise Road.
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Requested by
City of Modesto/City Clerk’s Office
Return to City of Modesto/City Clerk’s Office:

PO Box 642
Modesto CA 95353

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that on March 12, 2024, the City of Modesto, PO Box 642, Modesto, California 95353, a Municipal Corporation in the County of Stanislaus, State of California, awarded the contract George Reed, Inc. of Modesto, CA for the project titled “Paradise Road Area Pedestrian and Bicycle Safety Improvements” located at Paradise Road from Sheridan Street to 1st Street, South Jefferson from Parade Road to Vine Street, 1st Street from Vine Street to Sierra Drive, and G Street from Sierra Drive to 2nd Street. On February 27, 2025, said contract, as a whole, was completed by George Reed, Inc., and accepted by the Council of the City of Modesto at a regular meeting of the Council held on January 13, 2026.

CITY OF MODESTO
By
Diane Nayares-Perez, City Clerk
I certify under penalty of perjury that the foregoing is true and correct.

Date: By
Modesto, CA Diane Nayares-Perez, City Clerk
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CITY OF MODESTO

COUNCIL AGENDA REPORT
DATE OF MEETING:

January 13, 2026
Date: December 16, 2025
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: DeAnna Christensen, Director of Finance
SUBJECT: First Amendment to the Generator Repair and Preventative Maintenance Service Agreement
CONTACT: Dianne Love, Purchasing Manager, [email protected], 209-571-5164 DESCRIPTION:

Consider approving First Amendments with Bay City Electric Works of Livermore, CA, and PowerGen, Inc., of Tracy, CA for Generator Repair and Preventative Maintenance Services increasing the combined Agreement amounts by $1,070,064. (Funding Source: Various Funds) STRATEGIC PLAN ELEMENT:

The recommended action supports the 2025-2026 City of Modesto Strategic Plan Initiatives, Goal D: Provide safe, efficient, and reliable infrastructure through proactive community investment, maintenance, and sustainability efforts.

BACKGROUND:

The City of Modesto Utilities Department, Police Department, Fire Department and Public Works Department rely upon contractual agreements for repair and preventative maintenance of approximately sixty-eight (68) generators, although additional generators may be identified over the course of this service agreement. Stationary generators provide emergency back-up power to various City facilities, allowing departments to continue operations during power outage. Portable generators provide power for special projects in remote areas, back-up power to smaller facilities, and power for Special City events.

On August 27, 2024, by Resolution 2024-306, Council authorized a Citywide Agreement for Generator Repair and Preventative Maintenance Service to Bay City Electric of Livermore, CA, and PowerGen, Inc., of Tracy, CA, for a two-year agreement with three (3) one-year extension options for a total amount not to exceed $1,214,800 over five (5) years.

DISCUSSION:

There are currently four (4) departments that utilize the agreement with Bay City Electric Works and PowerGen, Inc. During the term of this agreement, it has been determined that the initial requested amounts for all departments were underestimated as it was difficult to predict the number of generators that will need to be repaired or maintained. An increase in funds allows the #13..
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City Council, January 13, 2026
First Amendment to the Generator Repair and Preventative Maintenance Service Agreement

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Modesto City CouncilJanuary 13, 2026

Modesto City Council
January 13, 2026