Tuesday February 10, 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 Norman, Modesto Covenant Church

City Clerk’s Announcements – None

Declaration of Conflicts of Interest – None

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

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Presentation of the Stanislaus County Library Annual Report for Fiscal Year 2007-2008 by Vanessa Czopek, County Librarian. (Funding Source: Not Applicable)
City Clerk; Stephanie Lopez, 577-5396, slopez@modestogov.com

ACTION: Vanessa Czopek, Stanislaus County Librarian presented the Stanislaus County Library Annual Report for Fiscal Year 2007-2008.

PUBLIC COMMENT PERIOD
Three minute time limit per speaker

None.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED: Items 2 through 6

ACTION CONSENT ITEMS 2-6: (Hawn/Lopez;unan)

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 February 3, 2009. (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 February 3, 2009.

Consent
3. Consider approving final adoption of Ordinance 3502-C.S. amending Section 7-3-9 of the Zoning Map to Rezone from General Commercial, C-2, Professional Office, P-O, and Planned Development, P-D(133), to Planned Development Zone, P-D(589), property located at 3619 Tully Road (Renata Enterprises) (Funding Source: Not Applicable)
• Motion approving final adoption of Ordinance 3502 -C.S. amending Section 7-3-9 of the Zoning Map to Rezone from General Commercial, C-2, Professional Office, P-O, and Planned Development, P-D(133), to Planned Development Zone, P-D(589), property located at 3619 Tully Road (Renata Enterprises) recommended.
City Clerk; Stephanie Lopez, 577-5396, slopez@modestogov.com

ACTION: Motion (Hawn/Lopez;unan) approving final adoption of Ordinance 3502 -C.S. amending Section 7-3-9 of the Zoning Map to Rezone from General Commercial, C-2, Professional Office, P-O, and Planned Development, P-D(133), to Planned Development Zone, P-D(589), property located at 3619 Tully Road (Renata Enterprises).

Consent
4. Consider declaring various items as surplus from February 1, 2009 through January 31, 2010, and authorizing the Purchasing Division to sell the items by sealed bid, consignment, public auction, on-line auction, on-line or as scrap. (Funding Source: Various Funds)
• Resolution declaring as surplus from February 1, 2009 through January 31, 2010 the following items: stolen, unclaimed and /or seized property from the Police Department, excess property accumulated by the City, and surplus City vehicles and equipment and authorizing the Purchasing Division to sell same by sealed bid, consignment, public auction, online auction, online or as scrap recommended.
Finance; Mark Averell, 577-5412, maverell@modestogov.com

ACTION: Resolution 2009-073 (Hawn/Lopez;unan) declaring as surplus from February 1, 2009 through January 31, 2010 the following items: stolen, unclaimed and /or seized property from the Police Department, excess property accumulated by the City, and surplus City vehicles and equipment and authorizing the Purchasing Division to sell same by sealed bid, consignment, public auction, online auction, online or as scrap.

Consent
5. Consider approving (i) an agreement with O’Dell Engineering, Inc. for the preparation of a Preliminary Design Report for the Shackelford Area Sanitary Sewer Crossing of the Tuolumne River, in an amount not to exceed $81,330, (ii) a budget amendment, in the amount of $36,717, in order to fully fund the Agreement for the Preliminary Design Report for the Shackelford Crossing. (Funding Source: Wastewater Fund)
• Resolution approving an agreement with O’Dell Engineering for the preparation of a Preliminary Design Report for the Shackelford Area Sanitary Sewer Crossing of the Tuolumne River for an amount not to exceed $73,936 for the identified scope of services, plus $7,394 for additional services (if needed), for a maximum total amount of $81,330, and authorizing the City Manager, or his designee, to execute the Agreement recommended.
• Resolution amending the Fiscal Year 2008-2009 Capital Improvement Program budget in order to fully fund the Agreement for the Preliminary Design Report for Shackelford Crossing recommended.
Public Works; William Wong, 571-5801, wwong@modestogov.com

ACTION: Resolution 2009-074 (Hawn/Lopez;unan) approving an agreement with O’Dell Engineering for the preparation of a Preliminary Design Report for the Shackelford Area Sanitary Sewer Crossing of the Tuolumne River for an amount not to exceed $73,936 for the identified scope of services, plus $7,394 for additional services (if needed), for a maximum total amount of $81,330, and authorizing the City Manager, or his designee, to execute the Agreement.

ACTION: Resolution 2009-075 (Hawn/Lopez;unan) amending the Fiscal Year 2008-2009 Capital Improvement Program budget in order to fully fund the Agreement for the Preliminary Design Report for Shackelford Crossing.

Consent
6. Consider approving the expansion of the prequalified consultant list for engineering design services for street projects. (Funding Source: Various Capital Improvement Projects)
• Resolution approving the expansion of the consultant list for engineering design services for street projects recommended.
Public Works; Vickey Dion, 571-5542, vdion@modestogov.com

ACTION: Resolution 2009-076 (Hawn/Lopez;unan) approving the expansion of the consultant list for engineering design services for street projects.

COUNCIL COMMENTS & REPORTS

City Manager announced that next Tuesday, February 17, 2009 is the Amgen Tour of California in Modesto.

CITY MANAGER COMMENTS & REPORTS

None.

UNFINISHED BUSINESS

7. Consider approving the return of $1.055 million in Capital Facility Fee (CFF) project savings from the Claratina Expressway Extension from Coffee to Oakdale Road, Capital Improvement Project (CIP) to CFF reserves and reallocating the funds to a new CIP project for the design, right-of-way (ROW) acquisition, and construction of intersection improvements and a new roundabout at Coffee Road and Claratina Avenue. (Funding Source: Capital Facility Fees-Fund 1410)
• Resolution approving the return of $1.055 million in Capital Facility Fee (CFF) project savings from the Claratina Expressway Extension from Coffee to Oakdale Road, Capital Improvement Project (CIP) to CFF reserves, and reallocating the funds to establish a new CIP project for the design and right-of-way acquisition related to intersection improvements and a new roundabout at Coffee Road and Claratina Avenue recommended.
Public Works; Jeffrey L. Barnes, 577-5468, jbarnes@modestogov.com

ACTION: Resolution 2009-077 (Olsen/Marsh;unan) approving the return of $1.055 million in Capital Facility Fee (CFF) project savings from the Claratina Expressway Extension from Coffee to Oakdale Road, Capital Improvement Project (CIP) to CFF reserves, and reallocating the funds to establish a new CIP project for the design and right-of-way acquisition related to intersection improvements and a new roundabout at Coffee Road and Claratina Avenue.

HEARINGS

Published in the Modesto Bee on January 31, 2009
8. Consider separate appeals of David Romano and Dennis Wilson to a decision by the Planning Commission denying their respective appeals of an administrative site plan approval for a proposed retail center located at the north side of Pelandale Avenue, east of Chapman Road. Also to be considered is an appeal of Dennis Wilson to the Planning Commission decision approving a tentative parcel map on the same site. (Funding Source: Not Applicable)
• Resolution denying the appeal of Dave Romano on behalf of John Johannson to a Planning Commission decision to deny an appeal of an administrative approval of a revised site plan for Planned Development Zones, P-D(537) and P-D(540), property located on the north Side of Pelandale Avenue, east of Chapman Road) recommended.
• Resolution denying the appeal of Dennis Wilson on behalf of Madeline Roddy to a Planning Commission decision to deny an Appeal of an Administrative Approval of a revised site plan for Planned Development Zones, P-D(537) and P-D(540), property located on the north side of Pelandale Avenue, east of Chapman Road recommended.
• Resolution denying the appeal of Dennis Wilson on behalf of Madeline Roddy to a Planning Commission Decision to approve a vesting tentative parcel map, property located on the north side of Pelandale Avenue, east of Chapman Road recommended.
Community & Economic Development; David Wage, 577-5267, dwage@modestogov.com

ACTION: Motion (Marsh/Hawn;unan) continuing matter to Council on February 24, 2009.

Published in the Modesto Bee on January 27, 2009
9. Consider approving the Draft Final Noise Compatibility Program and supporting documentation for the Modesto City-County Airport Part 150 Noise Compatibility Study, and authorizing the City Manager, or his designee, to execute the Sponsor’s Certification document. (Funding Source: Not Applicable)
• Resolution approving the Draft Final Noise Compatibility Program and supporting documentation for the Modesto City-County Airport Part 150 Noise Compatibility Study, and authorizing the City Manager, or his designee, to execute the Sponsor’s Certification document recommended.
Public Works; Dennis Turner, 341-2906, dturner@modestogov.com

ACTION: Resolution 2009-078 (Hawn/Lopez;unan) approving the Draft Final Noise Compatibility Program and supporting documentation for the Modesto City-County Airport Part 150 Noise Compatibility Study, and authorizing the City Manager, or his designee, to execute the Sponsor’s Certification document.

MATTERS TOO LATE FOR THE AGENDA

None.

ADJOURNMENT

This meeting adjourned at 6:05 p.m.

CLOSED SESSION

CONFERENCE WITH REAL PROPERTY NEGOTIATOR: (Pursuant to Section 54956.8 of the Government Code) Property: Potential purchase of property located at 850 Rouse Avenue, Modesto APN: 037-053-040, Negotiating party: Steve Castellano, Associated Right of Way Services, for City of Modesto, Under negotiation: Price and terms of purchase of property

CONFERENCE WITH LABOR NEGOTIATOR: (Pursuant to Section 54957.6 of the Government Code) - MCEA Agency Negotiators: Greg Nyhoff, City Manager, Barbara Santos, Deputy Director, Human Resources; Employee Organization: Modesto City Employees Association

CONFERENCE WITH LABOR NEGOTIATOR: (Pursuant to Section 54957.6 of the Government Code) – MCMA Agency Negotiators: Greg Nyhoff, City Manager, Robin Renwick, Human Resources Director; Employee Organization: Modesto Confidential & Management Association

CONFERENCE WITH LABOR NEGOTIATOR: (Pursuant to Section 54957.6 of the Government Code) – MPOA Agency Negotiators: Greg Nyhoff, City Manager, Robin Renwick, Human Resources Director; Employee Organization: Modesto Police Officers’ Association

CONFERENCE WITH LABOR NEGOTIATOR: (Pursuant to Section 54957.6 of the Government Code) – MPNSA Agency Negotiators: Greg Nyhoff, City Manager, Robin Renwick, Human Resources Director; Employee Organization: Modesto Police Non Sworn Association

CONFERENCE WITH LABOR NEGOTIATOR: (Pursuant to Section 54957.6 of the Government Code) – Unrepresented Agency Negotiators: Greg Nyhoff, City Manager, Robin Renwick, Human Resources Director; Employee Organization: Unrepresented Management and Confidential Employees

CONFERENCE WITH LABOR NEGOTIATOR: (Pursuant to Section 54957.6 of the Government Code) –MPMA Agency Negotiators: Greg Nyhoff, City Manager, Robin Renwick, Human Resources Director; Employee Organization: Modesto Police Management Association

CONFERENCE WITH LABOR NEGOTIATOR: (Pursuant to Section 54957.6 of the Government Code) - MCFFA Agency Negotiators: Greg Nyhoff, City Manager, Robin Renwick, Human Resources Director; Employee Organization: Modesto City Firefighters Association