DISCUSSION:
The Brown Act (Government Code § 54950 et seq.) establishes requirements for open meetings of local legislative bodies. SB 707 updates provisions of The Brown Act related to teleconferencing, including requirements for remote participation, accessibility, and procedures for addressing disruptions to meeting access for City Council meetings.
Among other requirements, SB 707 requires the City Council to adopt a technology disruption policy and to determine what constitutes reasonable efforts for outreach to encourage public participation in City Council meetings, particularly among underrepresented and non-English-speaking communities. These policies must be adopted by July 1, 2026.
Technology Disruption Policy
Government Code § 54953.4 requires the City Council to adopt, by July 1, 2026, a technology disruption policy. The policy must address procedures for responding to disruptions of telephonic or internet service during a meeting and the efforts the legislative body will make to restore service.
The statute further requires that if a disruption occurs that prevents members of the public from observing or participating in a City Council meeting through the two-way telephonic or audiovisual platform, the City Council must recess the open session for at least one (1) hour and make a good faith effort to restore service. During this time, the City Council may meet in closed session, as permitted by law.
The City Council may not reconvene open session until at least one (1) hour has passed, or service has been restored, whichever occurs first. If service has not been restored upon reconvening, the City Council must make findings by roll call vote that good faith efforts were made to restore access and that the public interest in continuing the meeting outweighs the public interest in providing remote access. Alternatively, the meeting may be adjourned.
The City Council Meeting Disruption Policy incorporates these requirements and establishes procedures to ensure transparency and continuity of meetings in the event of a technology disruption during a City Council meeting, while maintaining flexibility to respond based on the specific circumstances.
Reasonable Efforts for OutreachGovernment Code § 54953.4 requires the City Council to determine and adopt what constitutes “reasonable efforts” to encourage participation in City Council meetings, particularly among underrepresented communities and nonEnglish-speaking communities. #21..
- 1224 -
City Council, June 23, 2026
Adoption of Meeting Technology Disruption and Public Participation and Public Outreach Council Policies to comply with Government Code § 54953.4, effective July 1, 2026
The attached Public Participation Policy and Public Outreach Policy establishes the City’s approach to outreach, which may include inviting participation in City Council meetings from media organizations serving the City, including those serving nonEnglish-speaking communities, as well as civic, neighborhood, community-based, civic rights, and good government organizations.
The statute provides the City Council with broad discretion in defining these reasonable efforts and clarifies that failure to provide notice to any specific group does not create a basis for legal action. The proposed policy is intended to provide flexibility while supporting expanded public awareness and participation.
FISCAL IMPACT:
Given that the City has been providing remote virtual viewing options to the public since 2020, a change in procedure to allow public comment will not present a fiscal impact.
However, there may be future fiscal impact associated with implementation of other aspects of SB 707 requirements such as digital posting boards, enhanced electronic translation services, and more. At this time, the fiscal impact associated with the additional elements is unknown; however, if any procurement or associated costs will be presented to Council for approval as appropriate and in accordance with City purchasing policies.
COMMITTEE RECOMMENDATION:
Due to the nature of this item, it is not required to be presented to Council Committee.
CEQA/NEPA REQUIREMENTS:
This item does not constitute a “project” within the meaning of California Environmental Quality Act (CEQA) Guidelines Section 15378 and requires no environmental review.
RECOMMENDED COUNCIL ACTION:
Resolution adopting a City Council Meeting Technology Disruption Policy to comply with Government Code § 54953.4, effective July 1, 2026.
Resolution adopting a City Council Public Participation and Public Outreach Policy to comply with Government Code § 54953.4, effective July 1, 2026.
Approved by:
Jose M. Sanchez, City Attorney
Diane Nayares-Perez, City Clerk
Joseph P. Lopez, City Manager
#21..
- 1225 -
City Council, June 23, 2026
Adoption of Meeting Technology Disruption and Public Participation and Public Outreach Council Policies to comply with Government Code § 54953.4, effective July 1, 2026
Attachment:
1. City Council Meeting Technology Disruption Policy
2. City Council Public Participation and Public Outreach Policy #21..
- 1226 -
06/23/2026/CCL/DNPerez/Item X 1 2026-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX
RESOLUTION ADOPTING A CITY COUNCIL MEETING TECHNOLOGY
DISRUPTION POLICY TO COMPLY WITH GOVERNMENT CODE § 54953.4, EFFECTIVE JULY 1, 2026
WHEREAS, on October 3, 2025, Senate Bill 707 (SB 707) was enacted, amending provisions of the Brown Act related to teleconferencing and public access to meetings; and
WHEREAS, SB 707 requires legislative bodies to provide access to meetings through two-way telephonic or audiovisual platforms and to ensure continued public participation; and
WHEREAS, Government Code § 54953.4 requires the City Council to adopt a policy addressing procedures for responding to disruptions in telephonic or internet-based meeting access; and
WHEREAS, the statute further requires that, in the event of a disruption preventing public participation, the City Council must recess the meeting for at least one hour and make good faith efforts to restore access; and WHEREAS, the City Council may not reconvene open session until service is restored or at least one hour has passed, and must make findings if access is not restored; and
WHEREAS, the proposed Meeting Disruption Policy establishes procedures to ensure transparency, continuity, and compliance with State law while maintaining flexibility to respond to varying circumstances; and WHEREAS, adoption of this policy is required to comply with Government Code § 54953.4 by July 1, 2026.
#21..
- 1227 -
06/23/2026/CCL/DNPerez/Item X 2 2026-XX
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby adopts a City Council Meeting Disruption Policy to comply with Government Code § 54953.4, effective July 1, 2026.
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 23rd day of June, 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
#21..
- 1228 -
06/23/2026/CCL/DNPerez/Item X 1 2026-XX
MODESTO CITY COUNCIL
RESOLUTION NO. 2026-XX
RESOLUTION ADOPTING A CITY COUNCIL PUBLIC PARTICIPATION AND PUBLIC OUTREACH POLICY TO COMPLY WITH GOVERNMENT CODE § 54953.4, EFFECTIVE JULY 1, 2026
WHEREAS, the Brown Act (Government Code § 54950 et seq.) ensures that the public has the opportunity to attend and participate in meetings of local legislative bodies; and
WHEREAS, Senate Bill 707 (SB 707), enacted on October 3, 2025, amended the Brown Act to expand public access and participation in local government meetings; and
WHEREAS, Government Code § 54953.4 requires legislative bodies to define and adopt “reasonable efforts” to encourage public participation in meetings; and
WHEREAS, the statute emphasizes outreach to underrepresented communities and non-English-speaking populations to promote inclusive civic engagement; and
WHEREAS, the City Council desires to promote trust, transparency, and engagement between the community and the City through expanded outreach efforts; and
WHEREAS, the Public Participation and Public Outreach Policy establishes a framework for outreach that may include engagement with media organizations, community groups, civic organizations, and other stakeholders serving diverse populations; and
#21..
- 1229 -
06/23/2026/CCL/DNPerez/Item X 2 2026-XX
WHEREAS, Government Code § 54953.4 provides legislative bodies with discretion in defining reasonable outreach efforts and clarifies that failure to notify any specific group does not create a basis for legal action; and WHEREAS, adoption of this policy is required to comply with Government Code § 54953.4 by July 1, 2026.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby adopts a City Council Public Outreach Policy to comply with Government Code § 54953.4, effective July 1, 2026.
The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 23rd day of June, 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
#21..
- 1230 -
Legislative History: Policy No. XXXX
Reso 2026-XX
CITY OF MODESTO
CITY COUNCIL POLICY
ORIGINAL EFFECTIVE DATE: XX/XX/2026
POLICY NUMBER: XXX
CITY DEPARTMENT: City Attorney/
City Clerk
SUBJECT: SB 707 BROWN ACT – MEETING TECHNOLOGY DISRUPTION POLICY
(Telephonic / Two-Way Audiovisual Services)
1) Purpose
To ensure continuity of public access and participation during meetings of the City Council when two-way telephonic or two-way audiovisual remote access services are disrupted, in compliance with Senate Bill (“SB”) 707 (2025) and Government Code §§ 54953.9–54953.10. 2) Scope
This policy applies to all open and noticed meetings of the City Council at which public participation is provided through two-way telephonic or two-way audiovisual platforms. 3) Policy Statement
The City Council is committed to maximizing public access and participation. when a disruption prevents remote public attendance or public comment, the City Council shall follow the procedures set forth in this policy to preserve transparency and public trust. 4) Definitions
• Two-way telephonic service: a telephone service that does not require internet access and allows the public to listen to and verbally participate in a meeting. • Two-way audiovisual platform: a platform that allows remote participants to see and hear the meeting and allows the legislative body to see and hear remote participants. • Disruption: an interruption of telephonic or internet service that prevents:
o the legislative body from broadcasting the meeting; or o the public from attending, providing comment, or otherwise participating remotely.
5) Procedures During a Disruption
a. Announcement and Recess
If a disruption occurs that prevents public remote attendance or public comment:
• The presiding officer shall announce the disruption to the legislative body, the inperson audience, and remote participants. • The open session shall be recessed for a minimum of one (1) hour, or until telephonic or internet service is restored, whichever is earlier. • During the recess, reasonable, good-faith efforts shall be made to restore remote participation services.
#21..
- 1231 -
City Council Policy No. XXXX Page 2
Subject: SB 707 Brown Act – Meeting Disruption Policy (Telephonic / Two-Way Audiovisual Services) Legislative History: Policy No. XXXX
Reso 2026-XX
• The City Council may convene in closed session during the recess if otherwise authorized by law.
b. Restoration of Service
If remote access is restored at any time during the recess:
• The City Council shall immediately reconvene the open session. • The presiding officer shall announce that remote access and public comment functionality have been restored.
• The disruption and resolution shall be documented in the meeting minutes. (start time of disruption, duration and resolution steps taken) c. Inability to Restore Service
If remote participation services cannot be restored after at least one (1) hour:
• Before taking further action, the City Council shall adopt, by roll-call vote, findings that:
1. Good-faith efforts were made to restore service in accordance with this policy; and
2. The public interest in continuing the meeting outweighs the public interest in restoring remote public access.
3. The City Clerk shall record in the minutes a description of service failure, efforts to restore service, the facts and outcome of the rollcall findings, and any decision to continue without full remote participation. • Any actions taken while remote access was unavailable may be subject to challenge under California Government Code § 54960.1.
6) Preparation and Mitigation
To minimize the likelihood and impact of disruptions, staff shall make reasonable efforts to:
• Verify telephonic and audiovisual systems prior to each meeting; • Maintain backup call-in numbers or alternative platforms when feasible; • Provide a method for the public to report access issues during the meeting; • Announce remote participation instructions at the start of each meeting; and • Ensure captioning and interpretation services are activated when required. 7) Public Notice and Website Posting
• The City shall post clear instructions on its website explaining how to attend and comment remotely, including alternative options if a platform fails. • Meeting notices shall state that a meeting disruption policy is in effect and identify where it may be accessed.
• Instructions shall be provided in applicable languages consistent with SB 707 languageaccess requirements. 8) Roles and Responsibilities
#21..
- 1232 -
City Council Policy No. XXXX Page 3
Subject: SB 707 Brown Act – Meeting Disruption Policy (Telephonic / Two-Way Audiovisual Services) Legislative History: Policy No. XXXX
Reso 2026-XX
• Presiding Officer: Announces disruptions, declares recesses, leads roll-call findings, and ensures compliance.
• Staff / IT Support: Monitor systems, attempt restoration, provide alternate access when available, and log disruption timelines.
• Clerk: Documents disruptions, findings, and actions taken in the official minutes. 9) Documentation and Record-Keeping
Meeting minutes shall include:
• Time the disruption began and ended;
• Nature of the service failure;
• Efforts made to restore service;
• Results of any roll-call findings; and
• Whether the meeting resumed, continued, or was adjourned.
A post-incident report should be maintained when practicable. 10) Adoption, Review, and Amendment
• This policy shall be adopted at a noticed public meeting and not on the consent calendar, as required by SB 707.
• The policy shall be reviewed periodically and after any significant disruption. • Amendments shall be adopted at a noticed public meeting. #21..
- 1233 -
Legislative History: Policy No. XXXX
Reso 2026-XX
CITY OF MODESTO
CITY COUNCIL POLICY
ORIGINAL EFFECTIVE DATE: XX/XX/2026
POLICY NUMBER: XXX
CITY DEPARTMENT: City
Attorney/City Clerk
SUBJECT: SB 707 Brown Act – Public Participation and Public Outreach Policy 1) Purpose:
To ensure broad, equitable, and meaningful public participation in City Council meetings by providing accessible in-person and remote participation options, guaranteeing equal public comment opportunities, expanding language access through translation and interpretation, and aligning public outreach practices with Senate Bill (“SB”) 707 (2025) and applicable California law.
2) Scope:
This policy applies to public participation and public outreach for all open and public meetings of the City Council
This policy governs meetings conducted in person, remotely, or in a hybrid format, when remote participation or enhanced public access is required or authorized by law. 3) Policy Statement
It is the policy of the City Council that public participation and public outreach for City Council meetings shall be conducted in a manner that maximizes access, fairness, transparency, and compliance with state law.
The use of remote participation technology and language-access tools shall not reduce or impair the public’s ability to observe meetings or address the legislative body. 4) Definitions
a) Two-Way Telephonic Service
A telephone-based system that allows members of the public to listen to a meeting and provide live verbal public comment.
b) Two-Way Audiovisual Platform
A platform that allows members of the public to see and hear the meeting and provide live public comment using audio or audiovisual technology.
#21..
- 1234 -
City Council Policy No. XXXX Page 2
Subject: SB 707 Brown Act – Public Participation and Public Outreach Policy Legislative History: Policy No. XXXX
Reso 2026-XX
c) Language Access
The provision of translation, interpretation, captioning, or other tools necessary to ensure meaningful public participation by individuals with limited English proficiency, as required by law.
6) Remote Participation Access
6.1) General Requirements
a) The City shall provide the public with the option to attend meetings via two-way telephonic service or a two-way audiovisual platform when required or authorized by law.
b) SB 707 remote-participation obligations shall become operative on July 1, 2026, or as otherwise required by law.
6.2) Meeting Notices and Agendas
a) Meeting notices and agendas, when applicable, shall clearly publish remote participation information, including:
• Dial-in telephone numbers;
• Web links;
• Meeting identification numbers; and
• Any required access or registration instructions.
b) Remote participation information shall be presented in a clear and prominent manner and shall not require the public to search multiple sources to participate. 7) Public Comment
a) Members of the public participating remotely shall be afforded the same time limits and opportunity to address the legislative body as members of the public attending in person consistent with Government Code §54954.3.
b) Speaker queuing shall be managed in a fair and transparent manner that does not prioritize one mode of participation over another.
c) When agenda items have been previously heard by a committee or subsidiary body, additional public comment may be limited in accordance with the Brown Act, provided a prior opportunity for comment was offered.
#21..
- 1235 -
City Council Policy No. XXXX Page 3
Subject: SB 707 Brown Act – Public Participation and Public Outreach Policy Legislative History: Policy No. XXXX
Reso 2026-XX
8) Agenda Posting and Translation
8.1) Translation of Agendas
a) Meeting agendas shall be translated into all applicable languages as determined annually by the City Clerk, consistent with SB 707 and applicable language-access thresholds.
b) Translated agendas shall include instructions for in-person and remote participation and shall be posted within the same timelines and locations as the English agenda. c) Digital translation services may be used as authorized by law, and translated agendas shall be labeled accordingly.
8.2) Participation Instructions
Translated agendas shall include translated instructions for both in-person and remote participation, including public comment procedures, when required by law. 9) Website and Digital Outreach
a) The City shall maintain a public meetings webpage that includes agendas, agenda packets, remote participation links, recordings, and translated agendass. b) Public outreach efforts shall include plain-language summaries and translated participation instructions when applicable.
c) A prominent link to translated meeting information shall be provided on the City’s website when required by law.
10) Language Access and Interpretation
a) The City Clerk shall determine applicable languages annually using available demographic data and statutory guidance.
b) Interpretation services, captioning, or other language-access tools shall be provided when required or reasonably necessary to ensure meaningful public participation. c) Language-access efforts shall align with the Dymally-Alatorre Bilingual Services Act and other applicable requirements.
#21..
- 1236 -
City Council Policy No. XXXX Page 4
Subject: SB 707 Brown Act – Public Participation and Public Outreach Policy Legislative History: Policy No. XXXX
Reso 2026-XX
11) Outreach to Groups That Traditionally Do Not Participate in Public Meetings The City shall:
a) Create a City email subscription list for electronic notifications for meeting notices and agendas in English and Spanish.
b) Create communications collaterals for community distribution that:
i. Promote public participation at City Council meetings with a QR code to encourage people to sign up for electronic notifications. ii. Promote the City’s dedicated webpages in English and Spanish where residents, businesses, community-based organizations, community resource centers, neighborhood associations, cultural organizations can access the meeting information including agendas.
iii. Include meeting notices and/or agendas to city news email blasts to residents, businesses, community-based organizations, community resource centers, neighborhood associations, cultural organizations that are subscribed to the City’s email subscriber list for community news.
c) Send meeting notices and/or agendas to local media contacts including Spanish-language news sources.
d) Utilize the City’s social media platforms to promote public participation at City Council meetings in English and Spanish
12) Accessibility and ADA Compliance
a) The City shall provide reasonable accommodations for individuals with disabilities, including but not limited to accessible documents, assistive listening devices, captioning, or equivalent services.
b) Remote participation platforms shall utilize available accessibility features to support inclusive participation.
13) Meeting Disruptions and Continuity
a) In the event that a disruption affects public access or participation, the City shall follow its adopted Meeting Disruption Policy.
b) Affected agenda items may be paused, continued, or re-noticed if access cannot be reasonably restored.
14) Records and Transparency
a) Agendas, minutes, recordings, and required participation logs shall be preserved in accordance with state law and the City’s records retention policies. #21..
- 1237 -
City Council Policy No. XXXX Page 5
Subject: SB 707 Brown Act – Public Participation and Public Outreach Policy Legislative History: Policy No. XXXX
Reso 2026-XX
b) Meeting minutes shall note remote participation methods and the statutory authority relied upon when applicable.
15) Roles and Responsibilities
a) City Clerk: Agenda preparation, posting, translation coordination, compliance monitoring, and documentation of participation and disruptions. b) Public Relations and Legislative Affairs Manager / Communications Staff:
Public outreach, multilingual communications, summaries, and community engagement.
c) Information Technology Staff: Platform setup, technical support, backup systems, and accessibility functionality.
d) Presiding Officer: Ensuring fair participation, maintaining order, and enforcing applicable rules of decorum.
TRAINING AND REVIEW:
Staff involved in meeting preparation, technology, and public communications shall receive periodic training on Brown Act requirements, SB 707 updates, language-access obligations, and remote participation platforms. This policy shall be reviewed annually or upon changes in law. #21..
- 1238 -
CITY OF MODESTO
COUNCIL AGENDA REPORT
DATE OF MEETING:
June 23, 2026
Date: May 4, 2026
TO: Mayor and City Council
THROUGH: Joseph P. Lopez, City Manager
FROM: Colleen Rozillas, City Auditor
Diane Nayares-Perez, City Clerk
SUBJECT: Amendment of Modesto Municipal Code section related to the “Office of the City Clerk and City Auditor,” to create separate sections for the Office of the City Clerk and the Office of the City Auditor
CONTACT: Colleen Rozillas, City Auditor, [email protected] , 206-302-6795 DESCRIPTION:
Consider approving an Ordinance amending the Modesto Municipal Code section related to the “Office of the City Clerk and City Auditor” to create separate sections for the Office of the City Clerk and the Office of the City Auditor consistent with the Modesto City Charter. (Funding Source: Not Applicable)
STRATEGIC PLAN ELEMENT:
This recommended action supports the City’s 2025-2026 strategic commitment to:
“Build community trust in City government through responsive, transparent and efficient service delivery.”
BACKGROUND:
Historically, the Modesto Municipal Code included provisions establishing a combined Office of the City Clerk and City Auditor. Over time, City operations and best practices have evolved, and the City Charter now clearly distinguishes between the roles, authorities, and responsibilities of the City Clerk and the City Auditor.
The City Clerk is primarily responsible for legislative administration, records management, elections, and compliance with public transparency requirements. The City Auditor, as established by the City Charter, is responsible for independent financial and performance audits, oversight, and accountability.
#22..
- 1239 -
City Council, June 23, 2026
Amendment of Modesto Municipal Code section related to the “Office of the City Clerk and City Auditor,” to create separate sections for the Office of the City Clerk and the Office of the City Auditor
Maintaining a combined office no longer reflects the City’s organizational structure or contemporary governance standards. Separating the positions aligns the Municipal Code with the Charter, improves clarity, and reinforces the independence of the City Auditor’s oversight function.
DISCUSSION:
Staff recommends the adoption of an Ordinance to ensure consistency between the Modesto City Charter and Municipal Code. The Ordinance will reflect current positions and responsibilities.
The Ordinance repeals the existing Municipal Code provisions that established the combined City Clerk and Auditor position. This repeal is necessary to eliminate outdated and conflicting references within Article 3, “Office of the City Clerk and Auditor” of Title 2, “Administration.”
The Ordinance also creates sections related to the Office of the City Clerk, clarifying that this is a standalone position within Title 2, Chapter 3, Article 3 of the Modesto Municipal Code. It codifies the City Clerk’s duties and responsibilities consistent with the City Charter and applicable State law.
Finally, the Ordinance creates sections related to the Office of the City Auditor, clarifying that this is a standalone position. Placing the City Auditor in a separate Article reflects the City’s current structure, reinforces the independence of the Office, and avoids confusion.
The Ordinance aligns the Municipal Code with the City Charter and current positions and operational practices.
FISCAL IMPACT:
There is no direct fiscal impact associated with the introduction of this Ordinance. The proposed changes are organizational and structural in nature and do not create new positions or additional staffing costs because the City currently has an auditor under contract.
COMMITTEE RECOMMENDATION:
This item was heard at the April 22, 2026, Audit Committee, and the Committee recommended forwarding the item to Council for approval.
CEQA/NEPA REQUIREMENTS:
This item does not constitute a “project” within the meaning of California Environmental Quality Act (CEQA) Guidelines Section 15378 and requires no environmental review. #22..
- 1240 -
City Council, June 23, 2026
Amendment of Modesto Municipal Code section related to the “Office of the City Clerk and City Auditor,” to create separate sections for the Office of the City Clerk and the Office of the City Auditor
RECOMMENDED COUNCIL ACTION:
Staff Recommendations:
Motion introducing and waiving the first reading of an Ordinance repealing Title 2, “Administration,” Chapter 3, “Administrative Departments,” Article 3, “Office of the City Clerk and Auditor,” of the Modesto Municipal Code; adding Title 2, “Administration,” Chapter 3, “Administrative Departments,” Article 3, “Office of the City Clerk,” to the Modesto Municipal Code to clarify that the Office of the City Clerk is a standalone position; and adding Title 2, “Administration,” Chapter 3, “Administrative Departments,” Article 20, “City Auditor,” to the Modesto Municipal Code to clarify that the Office of the City Auditor is a standalone position, consistent with the Modesto City Charter.
Approved by:
Colleen Rozillas, City Auditor
______________________________
Diane Nayares-Perez, City Clerk
Joseph P. Lopez, City Manager
Attachments:
1. Ordinance
#22..
- 1241 -
- 1 - ORDINANCE NO. 3816-C.S.
EFFECTIVE DATE: August 13, 2026
ORDINANCE NO. 3816-C.S.
AN ORDINANCE REPEALING TITLE 2, “ADMINISTRATION,” CHAPTER 3, “ADMINISTRATIVE DEPARTMENTS,” ARTICLE 3, “OFFICE OF THE CITY CLERK AND AUDITOR,” OF THE MODESTO MUNICIPAL CODE; ADDING TITLE 2, “ADMINISTRATION,” CHAPTER 3, “ADMINISTRATIVE
DEPARTMENTS,” ARTICLE 3, “OFFICE OF THE CITY CLERK,” TO THE
MODESTO MUNICIPAL CODE TO CLARIFY THE OFFICE OF THE CITY CLERK AS A STANDALONE POSITION; AND ADDING TITLE 2, “ADMINISTRATION,” CHAPTER 3, “ADMINISTRATIVE DEPARTMENTS,” ARTICLE 20, “CITY AUDITOR,” TO THE MODESTO MUNICIPAL CODE TO ESTABLISH THE
OFFICE OF THE CITY AUDITOR AS A STANDALONE POSITION IN
CONSISTENT WITH THE MODESTO CITY CHARTER
WHEREAS, the Modesto Municipal Code currently contains provisions establishing a combined office of City Clerk and City Auditor in Title 2, “Administration,” Chapter 3, “Administrative Departments,” Article 3, “Office of the City Clerk and Auditor”; and
WHEREAS, the City Charter separately establishes the offices and functions of the City Clerk and the City Auditor; and
WHEREAS, the City Council desires to repeal the combined City Clerk and City Auditor provisions to reflect current positions and operational practices, clarifying that each office is a standalone position; and WHEREAS, the City Charter establishes the Office of the City Clerk and authorizes the City Council to prescribe the Clerk’s duties by ordinance; and WHEREAS, the City Council desires to codify the duties and authority of the City Clerk as a standalone Charter office within Title 2, Chapter 3, Article 3 of the Modesto Municipal Code; and
WHEREAS, Section 902.1 of the City Charter establishes the Office of the City Auditor and defines the Auditor’s powers and duties; and #22..
- 1242 -
- 2 - ORDINANCE NO. 3816-C.S.
EFFECTIVE DATE: August 13, 2026
WHEREAS, the City Council desires to codify the City Auditor’s Charterbased authority in a separate article of the Modesto Municipal Code to reinforce independence and clarity.
NOW, THEREFORE, the City Council of the City of Modesto does ordain as follows:
SECTION 1. REPEAL OF COMBINED OFFICE
Title 2, “Administration,” Chapter 3, “Administrative Departments,” Article 3, “Office of the City Clerk and Auditor;” of the Modesto Municipal Code, including Section 2-3.301, and any other provisions establishing or describing a combined City Clerk and City Auditor, insofar as such provisions establish or describe a combined office, is hereby repealed.
SECTION 2. ADDITION OF OFFICE OF THE CITY CLERK
Title 2, “Administration,” Chapter 3, “Administrative Departments,” Article 3, “Office of the City Clerk,” is added to the Modesto Municipal Code to read as follows:
Article 3. - Office of the City Clerk
§ 2-3.301 – City Clerk
The office of the City Clerk is hereby established. This office is an administrative division under the direct control of the City Clerk. The City Clerk shall perform the duties and exercise such authority as prescribed by the Charter, this Code, and the laws of the State of California.
§ 2-3.302 – Powers and Duties
The City Clerk shall perform all duties and exercise all powers prescribed by the Charter and by ordinance, including:
(a) Attending all meetings of the City Council and maintaining a full and accurate record of Council proceedings.
(b) Serving as custodian of City records and the City seal. (c) Maintaining ordinances, resolutions, contracts, and official City documents. (d) Administering oaths and certifying official records. (e) Conducting City elections as required by law.
(f) Publishing official City notices.
#22..
- 1243 -
- 3 - ORDINANCE NO. 3816-C.S.
EFFECTIVE DATE: August 13, 2026
(g) Performing such other duties as may be required by the City Council or prescribed by law.
§ 2-3.303 – Acting City Clerk
In case of absence or disability of the City Clerk, the Council shall appoint an Acting City Clerk.
SECTION 3. ADDITION OF OFFICE OF THE CITY AUDITOR
Title 2, “Administration,” Chapter 3, “Administrative Departments,” Article 20, “City Auditor,” is added to the Modesto Municipal Code to read as follows:
Article 20 – City Auditor
§ 2-3.2001 – City Auditor
The Office of the City Auditor is established by the Charter. The office is an administrative division under the direct control of the City Auditor. The City Auditor shall exercise all authority and perform all functions prescribed by the Charter, this Code, and the laws of the State of California. § 2-3.2002 – Powers and Duties
In addition to the duties set forth in Charter Section 902.1, the City Auditor shall:
(a) Conduct financial and performance audits of all City departments, offices, boards, activities, agencies, and programs in accordance with generally accepted government auditing standards.
(b) Conduct special audits and investigations as requested by the City Council, as defined in Charter Section 902.1(c)(2).
(c) Have access to City records necessary to perform authorized audits, and City officers and employees shall fully cooperate.
(d) In consultation with the City Attorney, seek City Council authorization to issue administrative subpoenas and recommend enforcement actions as permitted by law.
(e) Monitor the City’s fraud, waste, and abuse hotline and report quarterly to the Audit Committee.
(f) Perform such other duties as may be required by the City Council. § 2-3.2003 – Acting City Auditor
In case of absence or disability of the City Auditor, the Council shall appoint an Acting City Auditor.
#22..
- 1244 -
- 4 - ORDINANCE NO. 3816-C.S.
EFFECTIVE DATE: August 13, 2026
SECTION 4. SEVERABILITY
If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are severable. This City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof and intends that the invalid portions should be severed and the balance of the Ordinance be enforced.
SECTION 5. CALIFORNIA ENVIRONMENTAL QUALITY ACT
The proposed Ordinance is exempt from the California Environmental Quality Act (CEQA) under the general rule in CEQA Guidelines Section 15061(b)(3), that CEQA only applies to projects that have the potential for causing a significant effect on the environment.
SECTION 6. EFFECTIVE DATE
This Ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.
SECTION 7. PUBLICATION
At least two (2) days prior to its final adoption, copies of this Ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in The Modesto Bee, the official newspaper of the City of Modesto, setting forth the title of this Ordinance, the date of its introduction and the places where this Ordinance is posted. #22..
- 1245 -
- 5 - ORDINANCE NO. 3816-C.S.
EFFECTIVE DATE: August 13, 2026
The foregoing Ordinance was introduced at a regular meeting of the Council of the City of Modesto held on the 23rd day of June, 2026, by Council Member ???, who moved its introduction and passage to print, which motion being duly seconded by Council Member ???, was upon roll call carried and the ordinance adopted by the following vote:
AYES: Councilmembers: Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED: _____________________________
SUE ZWAHLEN, Mayor
ATTEST:
By: _________________________________
DIANE NAYERES-PEREZ, City Clerk
(SEAL)
APPROVED AS TO FORM:
By: _________________________________
JOSE M. SANCHEZ, City Attorney
#22..
- 1246 -
- 6 - ORDINANCE NO. 3816-C.S.
EFFECTIVE DATE: August 13, 2026
FINAL ADOPTION CLAUSE
The foregoing Ordinance, having been published as required by the Charter of the City of Modesto, and coming on for final consideration at the regular meeting of the Council of the City of Modesto held on the 14th day of July, 2026, Councilmember ?? moved its final adoption, which motion being duly seconded by Councilmember ??, was upon roll call carried and the Ordinance adopted by the following vote:
AYES: Councilmembers: Alvarez, Bavaro Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED: ________________________
SUE ZWAHLEN, MAYOR
ATTEST: ___________________________________
DIANE NAYARES-PEREZ, City Clerk
(SEAL)
Effective Date: August 13, 2026
#22..
- 1247 -