Tuesday January 6, 2009, at 5:30 p.m.

Roll Call – Present : Councilmembers Hawn, Keating, Lopez, Marsh, O’Bryant, Olsen, Mayor Ridenour

Absent: None

Pledge of Allegiance to the Flag

Invocation: Jeff Pishney, Big Valley Grace

City Clerk’s Announcements – Item 15 Removed from Consent

Declaration of Conflicts of Interest – Hawn Item 17

Reports from Closed Session – City Attorney Wood reported on Closed Session matter.

MISCELLANEOUS
Legislation
Appointments
Other

1. Consider appointing Richard Laurenz, representing Sons in Retirement, to the Golf Courses Advisory Committee. (Funding Source: Not Applicable)
• Resolution appointing Richard Laurenz to the Golf Courses Advisory Committee recommended.
City Manager's Office; Esther Puckett, 571-5101 , epuckett@modestogov.com

ACTION: Resolution 2009- 001 (Hawn/Lopez;unan) appointing Richard Laurenz to the Golf Courses Advisory Committee.

2. Consider appointing Carolina Bernal as the Planning Commission's representative to the Citizen's Housing & Community Development Committee. (Funding Source: Not Applicable)
• Resolution appointing Carolina Bernal as the Planning Commission's representative to the Citizen's Housing & Community Development Committee recommended.
City Manager's Office; Esther Puckett, 571-5101 , epuckett@modestogov.com

ACTION: Resolution 2009- 002 (Hawn/Lopez;unan) appointing Carolina Bernal as the Planning Commission's representative to the Citizen's Housing & Community Development Committee.

3. Consider appointing Patricia Gillum as the Planning Commission's Representative to the Citizen's Redevelopment Advisory Committee. (Funding Source: Not Applicable)
• Resolution appointing Patricia Gillum as the Planning Commission's Representative to the Citizen's Redevelopment Advisory Committee recommended.
City Manager's Office; Esther Puckett, 571-5101, epuckett@modestogov.com

ACTION: Resolution 2009-003 (Hawn/Lopez;unan) appointing Patricia Gillum as the Planning Commission's Representative to the Citizen's Redevelopment Advisory Committee.

4. Consider reappointing Ted Brandvold as the Planning Commission's Representative to the Board of Zoning Adjustment. (Funding Source: Not Applicable)
• Resolution reappointing Ted Brandvold as the Planning Commission's Representative to the Board of Zoning Adjustment recommended.
City Manager's Office; Esther Puckett, 571-5101, epuckett@modestogov.com

ACTION: Resolution 2009-004 (Hawn/Lopez;unan) reappointing Ted Brandvold as the Planning Commission's Representative to the Board of Zoning Adjustment.

5. Consider approving recommended reappointments to various boards, commissions and committees. (Funding Source: Not applicable)
• Resolution reappointing Bruce Norris to the Board of Building Appeals recommended.
• Resolution reappointing Amy Neumann and Henry Pollard to the Board of Zoning Adjustment recommended.
• Resolution reappointing Dana Culbertson, Charles Chituras and Michael Pratt to the Citizens Housing & Community Development Committee recommended.
• Resolution reappointing Carol Dolan and Kirk Stockham to the Community Qualities Forum recommended.
• Resolution reappointing Alice Ingham Richards to the Culture Commission recommended.
• Resolution reappointing Eric Benson and Andrew Mendlin to the Downtown Improvement District Advisory Board recommended.
• Resolution reappointing Harinder Grewal to the Equal Opportunity/Disability Commission recommended.
• Resolution Reappointing Jeannie Mcdonald to the Golf Courses Advisory Committee recommended.
• Resolution reappointing Veronna Simril to the Housing Rehabilitation Loan Committee recommended.
• Resolution reappointing Dolores Niemi to the Landmark Preservation Commission recommended.
• Resolution reappointing Chris Murphy to the Local Cable Programming Committee recommended.
• Resolution reappointing Tom Berglund to the Planning Commission recommended.
• Resolution reappointing Jim Patton to the Solid Waste Advisory Committee recommended.
• Resolution reappointing Margaret Leaman and Mary Grogan to the Tuolumne River Regional Park Citizens Advisory Committee recommended.
City Manager's Office; Judith Ray, 571-5809, jray@modestogov.com

ACTION: Resolution 2009-005 (Hawn/Lopez;unan) reappointing Bruce Norris to the Board of Building Appeals.

ACTION: Resolution 2009-006 (Hawn/Lopez;unan) reappointing Amy Neumann and Henry Pollard to the Board of Zoning Adjustment.

ACTION: Resolution 2009-007 (Hawn/Lopez;unan) reappointing Dana Culbertson, Charles Chituras and Michael Pratt to the Citizens Housing & Community Development Committee.

ACTION: Resolution 2009-008 (Hawn/Lopez;unan) reappointing Carol Dolan and Kirk Stockham to the Community Qualities Forum.

ACTION: Resolution 2009-009 (Hawn/Lopez;unan) reappointing Alice Ingham Richards to the Culture Commission.

ACTION: Resolution 2009-010 (Hawn/Lopez;unan) reappointing Eric Benson and Andrew Mendlin to the Downtown Improvement District Advisory Board.

ACTION: Resolution 2009-011 (Hawn/Lopez;unan) reappointing Harinder Grewal to the Equal Opportunity/Disability Commission.

ACTION: Resolution 2009-012 (Hawn/Lopez;unan) reappointing Jeannie Mcdonald to the Golf Courses Advisory Committee.

ACTION: Resolution 2009-013 (Hawn/Lopez;unan) reappointing Veronna Simril to the Housing Rehabilitation Loan Committee.

ACTION: Resolution 2009-014 (Hawn/Lopez;unan) reappointing Dolores Niemi to the Landmark Preservation Commission.

ACTION: Resolution 2009-015 (Hawn/Lopez;unan) reappointing Chris Murphy to the Local Cable Programming Committee.

ACTION: Resolution 2009-016 (Hawn/Lopez;unan) reappointing Tom Berglund to the Planning Commission.

ACTION: Resolution 2009-017 (Hawn/Lopez;unan) reappointing Jim Patton to the Solid Waste Advisory Committee.

ACTION: Resolution 2009-018 (Hawn/Lopez;unan) reappointing Margaret Leaman and Mary Grogan to the Tuolumne River Regional Park Citizens Advisory Committee.

PUBLIC COMMENT PERIOD
Three minute time limit per speaker

None.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED: Items 6 through 17

ACTION CONSENT ITEMS 6-14, 16 (Hawn/Lopez;unan)

ACTION Item 15 (O’Bryant/Keating;unan)

ACTION CONSENT Item 17 (Keating/Lopez;unan;Hawn absent)

CONSENT ITEMS

An item may be removed from consent and discussed at the request of an audience member or Councilmember.

Consent
6. Consider approving the minutes of the regular City Council meeting of December 9, 2008. (Funding Source: Not Applicable)
• Motion approving recommended.
City Clerk; Stephanie Lopez, 577-5396, slopez@modestogov.com

ACTION: Motion (Hawn/Lopez;unan) approving the Minutes of the City Council meeting of December 9, 2008.

Consent
7. Consider approving Councilmember Janice Keating as the City of Modesto representative to the newly created San Joaquin Valley Air Pollution Control District (SJVAPCD) Special City Selection Committee. (Funding Source: Not Applicable)
• Motion approving Councilmember Janice Keating as the City of Modesto representative to the SJVAPCD Special City Selection Committee recommended.
City Manager; Judith Ray, 571-5809, jray@modestogov.com

ACTION: Motion (Hawn/Lopez;unan) approving Councilmember Janice Keating as the City of Modesto representative to the SJVAPCD Special City Selection Committee.

Consent
8. Consider approving the Monthly Investment Report for October 2008. (Funding Source: Not Applicable)
• Motion accepting staff report on the Monthly Investment Report for October 2008 recommended.
Finance; Vanessa Ferrel, 577-5376, bduerksen@modestogov.com

ACTION: Motion (Hawn/Lopez;unan) accepting staff report on the Monthly Investment Report for October 2008.

Consent
9. Consider awarding a contract for the furnishing of mobile and portable 2-way communication radio repair and service by accessing the terms of a competitively bid contract from Stanislaus County, Agreement No. 10766, to Delta Wireless, Stockton, CA, for an estimated annual cost not to exceed $120,000. (Funding Source: Fire Department, Fleet Services Division, Police Department, and Water Division)
• Resolution authorizing the award of contract to Delta Wireless, Stockton, CA, for the furnishing of mobile and portable 2-way communication radio repair and service, by accessing the terms of a competitively bid contract from Stanislaus County, Agreement No. 10766, and authorizing the Purchasing Manager to issue a purchase agreement for a term of two (2) years, with five (5) one-year extension options, at the sole discretion of the City, for an estimated annual cost not to exceed $120,000 recommended.
Finance; Meagan Torres, 571-5839, mtorres@modestogov.com

ACTION: Resolution 2009-019 (Hawn/Lopez;unan) authorizing the award of contract to Delta Wireless, Stockton, CA, for the furnishing of mobile and portable 2-way communication radio repair and service, by accessing the terms of a competitively bid contract from Stanislaus County, Agreement No. 10766, and authorizing the Purchasing Manager to issue a purchase agreement for a term of two (2) years, with five (5) one-year extension options, at the sole discretion of the City, for an estimated annual cost not to exceed $120,000.

Consent
10. Consider authorizing the City Manager, Fire Chief, or Deputy City Manager to execute all necessary documents on behalf of the City to obtain state or federal disaster assistance. (Funding Source: General Fund)
• Resolution updating the “Designation of Applicant’s Agent Resolution”, authorizing the City Manager, Deputy City Manager or Fire Chief to apply for State and Federal Disaster Relief Funds recommended.
Fire Department; Michele Edwards, 572-9590, medwards@modestogov.com

ACTION: Resolution 2009-020 (Hawn/Lopez;unan) updating the “Designation of Applicant’s Agent Resolution”, authorizing the City Manager, Deputy City Manager or Fire Chief to apply for State and Federal Disaster Relief Funds.

Consent
11. Consider approving grant applications to the California Integrated Waste Management Board (CIWMB) for used oil and hazardous waste grants and accepting grant awards from the CIWMB. (Funding Source: Revenue to the Solid Waste Fund)
• Resolution approving grant applications to the California Integrated Waste Management Board (CIWMB) for used oil and hazardous waste programs, accepting grant awards, amending the annual budget, and authorizing the City Manager, or his designee, to execute all grant-related documents recommended.
Parks, Recreation & Neighborhoods; Michele Beck, 577-5493, mbeck@modestogov.com

ACTION: Resolution 2009-021 (Hawn/Lopez;unan) approving grant applications to the California Integrated Waste Management Board (CIWMB) for used oil and hazardous waste programs, accepting grant awards, amending the annual budget, and authorizing the City Manager, or his designee, to execute all grant-related documents.

Consent
12. Consider amending Sections 5-5.108, 5-5.109, and 5-5.111 of Article 1 of Chapter 5 of title 5, and Sections 11-6.12 and 11-6.6.15 of Chapter 6 of Title 11 of the Modesto Municipal Code relating to Solid Waste. (Funding Source: Not Applicable)
• Motion introducing an Ordinance amending Sections 5-5.108, 5-5.109, and 5-5.111 of Article 1 of Chapter 5 of Title 5, and Sections 11-6.12 and 11-6.15 of Chapter 6 of Title 11 of the Modesto Municipal Code relating to Solid Waste Collection recommended.
Parks, Recreation & Neighborhoods; Jocelyn Reed, 577-5492 , jreed@modestogov.com

ACTION: Motion (Hawn/Lopez;unan) introducing Ordinance No. 3499-C.S.
amending Sections 5-5.108, 5-5.109, and 5-5.111 of Article 1 of Chapter 5 of Title 5, and Sections 11-6.12 and 11-6.15 of Chapter 6 of Title 11 of the Modesto Municipal Code relating to Solid Waste Collection.

Consent
13. Consider approving an agreement with the State of California, Commission on Peace Officer Standards and Training (POST), for up to $20,700 to provide training for 100 students in four-hour Force Option Simulator Courses and for another 100 students in four-hour Mobile Force Option Simulator training courses. (Funding Source: POST Reimbursement/General Fund)
• Resolution approving an Agreement with the State of California, Commission on Peace Officer Standards and Training (POST), for up to $20,700 to provide training for 100 students in four-hour Force Option Simulator courses and 100 students in four-hour Mobile Force Option Simulator Training Courses, and authorizing the City Manager, or his designee, to execute the Agreement recommended.
• Resolution amending the Fiscal Year 2008/2009 Operating Budget realizing General Fund Revenue of up to $20,700 for the Training Agreement with the State of California, Commission on Peace Officer Standards and Training (POST) recommended.
Police; Jolene Gonzales, 342-6147, gonzalesj@modestopd.com

ACTION: Resolution 2009-022 (Hawn/Lopez;unan) approving an Agreement with the State of California, Commission on Peace Officer Standards and Training (POST), for up to $20,700 to provide training for 100 students in four-hour Force Option Simulator courses and 100 students in four-hour Mobile Force Option Simulator Training Courses, and authorizing the City Manager, or his designee, to execute the Agreement.

ACTION: Resolution 2009-023 (Hawn/Lopez;unan) amending the Fiscal Year 2008/2009 Operating Budget realizing General Fund Revenue of up to $20,700 for the Training Agreement with the State of California, Commission on Peace Officer Standards and Training (POST).

Consent
14. Consider approving a purchase agreement with HSBC Mortgage Services, Inc. for $155,000 to acquire real property for the Hahn Lift Station Project. (Funding Source: Wastewater Fund)
• Resolution approving a Purchase Agreement, Counter Addendum, Mold Addendum, and Existing Condition Acknowledgement (“As-Is, Where Is” Provision) for the acquisition of a property located at 3200 Nightingale Drive, owned by HSBC Mortgage Services, Inc. (APN: 076-001-037) to be purchased by the City of Modesto for the Hahn Lift Station Project in the amount of $155,000, and authorizing the City Manager, or his designee, to execute the Purchase Agreement, Counter Addendum, Mold Addendum, and Existing Condition Acknowledgement (“As-Is, Where Is” Provision) recommended.
• Resolution authorizing the City Manager, or his designee, to sign an Acceptance Form for the Grant Deed for the acquisition of a property located at 3200 Nightingale Drive, owned by HSBC Mortgage Services, Inc. (APN: 076-001-037) to be purchased by the City of Modesto for the Hahn Lift Station Project recommended.
Public Works; Julia Gillette, 577-5399, jgillette@modestogov.com

ACTION: Resolution 2009-024 (Hawn/Lopez;unan) approving a Purchase Agreement, Counter Addendum, Mold Addendum, and Existing Condition Acknowledgement (“As-Is, Where Is” Provision) for the acquisition of a property located at 3200 Nightingale Drive, owned by HSBC Mortgage Services, Inc. (APN: 076-001-037) to be purchased by the City of Modesto for the Hahn Lift Station Project in the amount of $155,000, and authorizing the City Manager, or his designee, to execute the Purchase Agreement, Counter Addendum, Mold Addendum, and Existing Condition Acknowledgement (“As-Is, Where Is” Provision)

ACTION: Resolution 2009-025 (Hawn/Lopez;unan) authorizing the City Manager, or his designee, to sign an Acceptance Form for the Grant Deed for the acquisition of a property located at 3200 Nightingale Drive, owned by HSBC Mortgage Services, Inc. (APN: 076-001-037) to be purchased by the City of Modesto for the Hahn Lift Station Project.

Removed from Consent
15. Consider approving an Agreement with Coffman Associates, Inc. (Coffman) for airport planning services to prepare a new Airport Layout Plan/Narrative Report and Airline Passenger Terminal Complex Study for Modesto City-County Airport. (Funding Source: Federal Aviation Administration and Airport Fund)
• Resolution approving an agreement with Coffman Associates, Inc. for airport planning services to prepare a new Airport Layout Plan/Narrative Report and Airline Passenger Terminal Complex Study for Modesto City-County Airport in the amount of $237,500, and authorizing the City Manager, or his designee, to execute the Agreement recommended.
Public Works; Jerome Thiele, 577-5319, Jthiele@modestogov.com

ACTION: Resolution 2009-026 (O’Bryant/Keating;unan) approving an agreement with Coffman Associates, Inc. for airport planning services to prepare a new Airport Layout Plan/Narrative Report and Airline Passenger Terminal Complex Study for Modesto City-County Airport in the amount of $237,500, and authorizing the City Manager, or his designee, to execute the Agreement.

Consent
16. Consider declaring the City-owned property located at 1517 10th Street (APN: 105-047-002) as surplus land, and authorizing the City’s property agent to proceed with the sale of this property. (Funding Source: Revenue to Water Fund, General Fund)
• Resolution authorizing staff to declare the City-owned property located at 1517 10th Street (APN: 105-047-002) as surplus property and authorizing the City’s property agent to proceed with the sale of this property recommended.
Public Works; Julia Gillette, 577-5399, jgillette@modestogov.com

ACTION: Resolution 2009-027 (Hawn/Lopez;unan) authorizing staff to declare the City-owned property located at 1517 10th Street (APN: 105-047-002) as surplus property and authorizing the City’s property agent to proceed with the sale of this property.

Consent – Councilmember Hawn Conflict of Interest
17. Consider approving the plans and specifications for the project titled, “T-Hangar L Construction at the Modesto City-County Airport,” accepting the bid and approving a contract with Applegate Johnston, Inc. in the amount of $611,011.50. (Funding Source: Special Aviation)
• Resolution approving the plans and specifications for the T-Hangar L Construction at the Modesto City-County Airport project, accepting the bid and approving a contract with Applegate Johnston, Inc., in the amount of $611,011.50, for the T-Hangar L Construction at the Modesto City-County Airport project, and authorizing the City Manager, or his designee, to execute the contract recommended.
• Resolution finding that the following project is within the scope of the project covered by the Modesto City-County Airport Master Plan Final Environmental Impact Report (SCH NO. 90020512): T-Hangar “L” Construction at the Modesto City-County Airport recommended.
Public Works; Dean Phillips, 577-5260, dphillips@modestogov.com

ACTION: Resolution 2009-028 (Keating/Lopez;unan Hawn absent) approving the plans and specifications for the T-Hangar L Construction at the Modesto City-County Airport project, accepting the bid and approving a contract with Applegate Johnston, Inc., in the amount of $611,011.50, for the T-Hangar L Construction at the Modesto City-County Airport project, and authorizing the City Manager, or his designee, to execute the contract.

ACTION: Resolution 2009-029 (Keating/Lopez;unan Hawn absent) finding that the following project is within the scope of the project covered by the Modesto City-County Airport Master Plan Final Environmental Impact Report (SCH NO. 90020512): T-Hangar “L” Construction at the Modesto City-County Airport.

COUNCIL COMMENTS & REPORTS

Councilmember Lopez thanked the Fire Department employees Stone and McGrath for saving taxpayer money by doing work themselves.

CITY MANAGER COMMENTS & REPORTS

None.

NEW BUSINESS

18. Consider appointing a new Vice Mayor for calendar year 2009. (Funding Source: Not Applicable)
• Resolution designating Councilmember Olsen to serve as Vice Mayor for the ensuing year pursuant to Section 603 of the Charter of the City of Modesto recommended.
City Clerk; Stephanie Lopez, 577-5396, slopez@modestogov.com

ACTION: Resolution 2009-030 (Hawn/Keating;unan) designating Councilmember Olsen to serve as Vice Mayor for the ensuing year pursuant to Section 603 of the Charter of the City of Modesto.

19. Consider approving StanCog's request that each of its member agencies make a recommendation on the locally preferred conceptual growth forecast that will be used to prepare the Stanislaus County element of the San Joaquin Valley Regional Blueprint. (Funding Source: Not Applicable)
• Resolution recommending the Stanislaus Council of Governments submit the “General Plan Densities” Growth Scenario to the San Joaquin Valley Blueprint planning process as the Stanislaus County preferred scenario recommended.
Community & Economic Development; Patrick Kelly, (209) 577-5267, pkelly@modestogov.com

ACTION: Resolution 2009-031 (Hawn/Keating;majority; Marsh no) recommending the Stanislaus Council of Governments submit the “General Plan Densities” Growth Scenario to the San Joaquin Valley Blueprint planning process as the Stanislaus County preferred scenario.

20. Consider approving a severance package for laid off employees in designated street sweeping and custodial positions, to include severance pay, extension of health benefits and interview leave. (Funding Source: Various Funds)
• Resolution approving a severance package for employees authorizing the extension of severance pay, health benefits, employee assistance program and interview leave for non-sworn employees in the classified service, subject to an authorized reduction in force, to January 30, 2009 recommended.
Personnel; Barbara Santos, 577-5466, bsantos@modestogov.com

ACTION: Resolution 2009-032 (Hawn/Lopez;unan) approving a severance package for employees authorizing the extension of severance pay, health benefits, employee assistance program and interview leave for non-sworn employees in the classified service, subject to an authorized reduction in force, to January 30, 2009.

MATTERS TOO LATE FOR THE AGENDA

None.

ADJOURNMENT

This meeting adjourned at 6:40 p.m.

CLOSED SESSION

Closed Session Heard Prior to Meeting
CONFERENCE WITH REAL PROPERTY NEGOTIATOR: (Pursuant to Section 54956.8 of the Government Code) Property: Potential sale of property located at 800 E. Morris Avenue APN: 111-057-022 Negotiating parties: Julie Hannon, Acting Director, Parks, Recreation and Neighborhoods Under negotiation: Price and terms of sale of property.