Tuesday January 27, 2009, at 5:30 p.m.

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

Pledge of Allegiance to the Flag

Invocation: Ross Briles, Sherwood Bible Church

City Clerk’s Announcements – Item 13 moved to end of Agenda after RDA Items
                                         B & C

Declaration of Conflicts of Interest – None

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

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Presentation by Ryan Swehla on behalf of CommonWealth Modesto. (Funding Source: Not Applicable)
City Clerk; Stephanie Lopez, 571-5597, slopez@modestogov.com

ACTION: Presentation made by Ryan Swehla and Sean Carroll on behalf of CommonWealth Modesto.

PUBLIC COMMENT PERIOD

Robert Stanford spoke regarding budget cuts affecting the Modesto Police Department.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED: Items 2 through 8

ACTION CONSENT ITEMS 2-8: (Hawn/Marsh;unan O’Bryant absent)

CONSENT ITEMS

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

Consent
2. Consider approving the minutes of the regular City Council meeting of January 13, 2009 (Funding Source: Not Applicable)
• Motion approving recommended.
City Clerk; Stephanie Lopez, 577-5396, slopez@modestogov.com

ACTION: Motion (Hawn/Marsh;unan O’Bryant absent) approving the Minutes of the City Council meeting of January 13, 2009.

Consent
3. Consider approving the final adoption of Ordinance No. 3501-C.S. amending Section 8-1.206 of Article 2 of Chapter 1 of Title 8 of the Modesto Municipal Code to allow Capital Facilities Fees (CFF) for single family residential to be due and payable at the time of issuance of any Certificate of Occupancy, for a period of one year from the date the Ordinance goes into effect. (Funding Source: Not Applicable)
• Motion approving the final adoption of Ordinance No. 3501-C.S. amending Section 8-1.206 of Article 2 of Chapter 1 of Title 8 of the Modesto Municipal Code to allow Capital Facilities Fees (CFF) for single family residential to be due and payable at the time of issuance of any Certificate of Occupancy, for a period of one year from the date the ordinance goes into effect recommended.
City Clerk; Stephanie Lopez, 577-5396, slopez@modestogov.com

ACTION: Motion (Hawn/Marsh;unan O’Bryant absent) approving the final adoption of Ordinance No. 3501-C.S. amending Section 8-1.206 of Article 2 of Chapter 1 of Title 8 of the Modesto Municipal Code to allow Capital Facilities Fees (CFF) for single family residential to be due and payable at the time of issuance of any Certificate of Occupancy, for a period of one year from the date the ordinance goes into effect.

Consent
4. Consider authorizing the Purchasing Manager to issue Request for Proposal (RFP) to commence process for obtaining financial statement auditors. (Funding Source: General Fund)
• Resolution authorizing the Purchasing Manager to issue a Request for Proposal for the procurement of financial statement auditors for the City recommended.
City Auditor; Frank DeMattos, 341-2941, fdemattos@modestogov.com

ACTION: Resolution 2009-048 (Hawn/Marsh;unan O’Bryant absent) authorizing the Purchasing Manager to issue a Request for Proposal for the procurement of financial statement auditors for the City.

Consent
5. Consider accepting the City Auditor quarterly report for December 2008 (Funding Source: Not Applicable)
• Motion accepting the City Auditor’s quarterly report recommended.
City Auditor; Frank DeMattos, 341-2941, fdemattos@modestogov.com

ACTION: Motion (Hawn/Marsh;unan O’Bryant absent) accepting the City Auditor’s quarterly report.

Consent
6. Consider accepting the Monthly Investment Report for November 2008 (Funding Source: Not Applicable)
• Motion accepting staff report on the Monthly Investment Report for November 2008 recommended.
Finance; Vanessa Ferrel, 571-5511, vferrel@modestogov.com

ACTION: Motion (Hawn/Marsh;unan O’Bryant absent) accepting staff report on the Monthly Investment Report for November 2008.

Consent
7. Consider defining the re-defined, combined City/County Disaster Council and the Decision Making Process, and appoint one elected official from the Modesto City Council to serve on the revised, newly combined County/City Disaster Council and appoint the Emergency Manager for the City (Fire Chief, or his designee) to serve on the Operational Area Council. (Funding Source: General Fund)
• Resolution approving a City/County Disaster Council and the Decision Making Process, appointing one member of the City Council to serve on the City/County Disaster Council, and appointing the Fire Chief, or his designee, as the Emergency Manager for the City to serve on the Operational Area Council recommended.
Fire; Michael Payton, 571-5876, mpayton@modestogov.com

ACTION: Resolution 2009- 049 (Hawn/Marsh;unan O’Bryant absent) approving a City/County Disaster Council and the Decision Making Process, appointing one member of the City Council to serve on the City/County Disaster Council, and appointing the Fire Chief, or his designee, as the Emergency Manager for the City to serve on the Operational Area Council.

Consent
8. Consider approving the Fourth Amendment to the On-Call Engineering Services Agreement with Carollo Engineers in the amount of $30,000 for wastewater-specific services. (Funding Source: Wastewater Fund)
• Resolution approving the Fourth Amendment to the On-Call Engineering Services Agreement with Carollo Engineers in the amount of $30,000, for a total amount not to exceed $74,000 for FY 2008-09, and authorizing the City Manager, or his designee, to execute the Fourth Amendment to the Agreement recommended.
Public Works; Gary DeJesus, 577-6200, gdejesus@modestogov.com

ACTION: Resolution 2009-050 (Hawn/Marsh;unan O’Bryant absent) approving the Fourth Amendment to the On-Call Engineering Services Agreement with Carollo Engineers in the amount of $30,000, for a total amount not to exceed $74,000 for FY 2008-09, and authorizing the City Manager, or his designee, to execute the Fourth Amendment to the Agreement.

COUNCIL COMMENTS & REPORTS

Councilmember Lopez spoke regarding the future of the Fourth of July Parade in Modesto. He announced the Guns & Hoses Basketball Game to be held on June 6, 2009 between the Modesto Police and Fire Departments and monies will be donated to the Jaycees for the Fourth of July Parade.

CITY MANAGER COMMENTS & REPORTS

None.

UNFINISHED BUSINESS

9. Consider recommending award of City of Modesto Non-Exclusive Non-Consensual Franchise Towing Services based on Request for Application (RFA) No. 0708-10, to all successful applicants. (Funding Source: Franchise Tow)
• Resolution approving declaring its intention to consider the applications, giving notice of the hearing on the applications, and directing the City Clerk to publish the notice, all in accordance with Modesto Municipal Code Section 11-2.05 recommended.
Police; William Ryan, 342-9129, ryanw@modestopd.com

ACTION: Resolution 2009-051 (Marsh/Lopez;unan O’Bryant absent) approving declaring its intention to consider the applications, giving notice of the hearing on the applications, and directing the City Clerk to publish the notice, all in accordance with Modesto Municipal Code Section 11-2.05.

10. Consider approving an Agreement with RBF Consulting for program management services for the New Bus Maintenance Facility design. (Funding Source: Federal Transit Administration and Local Transportation Fund)
• Resolution approving an Agreement for Program Management Services for the Bus Maintenance Facility with RBF Consulting in the amount of $136,265 to assist in the completion of design documents for the project titled, “New Bus Maintenance Facility,” and authorizing the City Manager, or his designee, to execute the Agreement recommended.
Public Works; Dean Phillips, 577-5260, dphillips@modestogov.com

ACTION: Resolution 2009-052 (Hawn/Lopez;majority, Keating no,O’Bryant absent) approving an Agreement for Program Management Services for the Bus Maintenance Facility with RBF Consulting in the amount of $136,265 to assist in the completion of design documents for the project titled, “New Bus Maintenance Facility,” and authorizing the City Manager, or his designee, to execute the Agreement.

HEARINGS

Published in the Modesto Bee on January 7, 2009
11. Consider accepting the Planning Commission recommendation to approve rezoning those portions of the property located at 3619 Tully Road currently zoned General Commercial (C-2) and Planned Development, P-D(133), to a new Planned Development zone to allow development of a carwash. (Funding Source: Not Applicable)
• Motion introducing an Ordinance amending Section 7-3-9 of the Zoning Map of the City of Modesto to rezone the portions of the property at 3619 Tully Road currently zoned General Commercial (C-2) and Planned Development, P-D(133), to Planned Development Zone, PD(589) (Renata Enterprises) recommended.
• Resolution approving a Development Plan for Planned Development Zone, P-D(589) (Renata Enterprises) recommended.
• Resolution finding that the following project is within the scope of the project covered by the Modesto Urban Area General Plan Master Environmental Impact Report (SCH No. 2007072023): amending Section 7-3-9 of the Zoning Map to rezone the portions of the property at 3619 Tully Road currently zoned General Commercial, C-2, and Planned Development, P-D(133), to Planned Development Zone, P D(589) (Renata Enterprises) recommended.
Community & Economic Development; Philip Reed, 577-5267, preed@modestogov.com

ACTION: Motion (Hawn/Marsh; unan O’Bryant absent) introducing Ordinance No. 3502–C.S. amending Section 7-3-9 of the Zoning Map of the City of Modesto to rezone the portions of the property at 3619 Tully Road currently zoned General Commercial (C-2) and Planned Development, P-D(133), to Planned Development Zone, PD(589) (Renata Enterprises). (as amended by Council)

ACTION: Resolution 2009-053 (Hawn/Marsh; unan O’Bryant absent) approving a Development Plan for Planned Development Zone, P-D(589) (Renata Enterprises). (as amended by Council)

ACTION: Resolution 2009-054 (Hawn/Marsh; unan O’Bryant absent) finding that the following project is within the scope of the project covered by the Modesto Urban Area General Plan Master Environmental Impact Report (SCH No. 2007072023): amending Section 7-3-9 of the Zoning Map to rezone the portions of the property at 3619 Tully Road currently zoned General Commercial, C-2, and Planned Development, P-D(133), to Planned Development Zone, P D(589) (Renata Enterprises). (as amended by Council)

NEW BUSINESS

12. Consider approving the audit work plan for the City Auditor. (Funding Source: Not Applicable)
• Motion accepting and providing input regarding the City Auditor’s recommended Fiscal Year 2008-2009 Audit Work Plan recommended.
City Auditor; Frank DeMattos, 341-2941, fdemattos@modestogov.com

ACTION: Motion (Hawn/Lopez;unan O’Bryant absent) accepting and providing input regarding the City Auditor’s recommended Fiscal Year 2008-2009 Audit Work Plan.

Recess at 7:50 p.m.
Reconvene at 8:00 p.m.

13. Consider approving (i) Well Lease Termination Agreement and (ii) Wastewater Discharge Agreement between the City and the FMC Corporation. (Funding Source: Not Applicable)
• Resolution approving the Well Lease Termination Agreement between the City of Modesto and FMC Corporation for well site located at 1200 Graphics Drive, and authorizing the City Manager, or his designee, to execute said Agreement and any related documents recommended.
• Resolution approving the Wastewater Discharge Agreement between the City of Modesto and FMC Corporation for acceptance of the continued discharge of wastewater generated from groundwater treatment facilities located at 1200 Graphics Drive, and authorizing the City Manager, or his designee, to execute said Agreement and any related documents recommended.
Community & Economic Development; Linda Boston, 571-5179, lboston@modestogov.com

ACTION: Resolution 2009-055 (Lopez/Marsh;unan O’Bryant absent) approving the Well Lease Termination Agreement between the City of Modesto and FMC Corporation for well site located at 1200 Graphics Drive, and authorizing the City Manager, or his designee, to execute said Agreement and any related documents.

ACTION: Resolution 2009-056 (Lopez/Marsh;unan O’Bryant absent) approving the Wastewater Discharge Agreement between the City of Modesto and FMC Corporation for acceptance of the continued discharge of wastewater generated from groundwater treatment facilities located at 1200 Graphics Drive, and authorizing the City Manager, or his designee, to execute said Agreement and any related documents.

14. Consider approving the creation of a City wastewater treatment capacity banking and transfer program (WTCBT) for the purpose of creating incentives for economic development. (Funding Source: Not Applicable)
• Motion introducing an Ordinance adding Article 9 Entitled “Wastewater Treatment Capacity Banking and Transfer” to Chapter 6 of Title 5 of the Modesto Municipal Code recommended.
Public Works; Nick Pinhey, 577-5213, npinhey@modestogov.com

ACTION: Motion (Hawn/Marsh;unan O’Bryant absent) introducing Ordinance No. 3503-C.S. adding Article 9 entitled “Wastewater Treatment Capacity Banking and Transfer” to Chapter 6 of Title 5 of the Modesto Municipal Code.

15. Consider approving recommended criteria for evaluating recycled water proposals. (Funding Source: Potential Revenue Generation – Wastewater Fund)
• Resolution approving the recommended criteria for evaluating recycled water proposals recommended.
Public Works; Nick Pinhey, 577-5213, npinhey@modestogov.com

ACTION: Resolution 2009-057 (Marsh/Hawn/unan O’Bryant absent) approving the recommended criteria for evaluating recycled water proposals.

MATTERS TOO LATE FOR THE AGENDA

None.

ADJOURNMENT

This meeting adjourned at 8:54 p.m.

CLOSED SESSION

Closed Session Matters 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
Beech and Franklin Streets, APN: 101-002-006 Negotiating parties: Julia Gillette, Property Agent, City of Modesto, Chad Yates, Christiansen and Bradford
Under negotiation: Price and terms of sale of property.

CONFERENCE WITH REAL PROPERTY NEGOTIATOR: (Pursuant to Section 54956.8 of the Government Code) Property: Potential purchase of property located at 1850 Rouse Avenue, Modesto APN: 037-053-040 Negotiating party: Larry Castellano, Associated Right of Way Services, for City of Modesto Under negotiation: Price and terms of purchase of property.