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MINUTES

City of Modesto
 CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California


Tuesday, April 25, 2006, at 5:30 p.m.

Roll Call - Present: Councilmembers Dunbar, Hawn, Keating, Marsh, O'Bryant, Olsen, Mayor Ridenour

Absent: None

Pledge of Allegiance to the Flag

Invocation: Bob Irwin, Mill Creek Church

City Clerk's Announcements: Items 16, 22, 24, and 28 removed from Consent
Items 41 and 42 (hearings) continued

Declaration of Conflicts of Interest - Hawn - Item 42

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Presentation of a Proclamation declaring April 23-29, 2006 as National Crime Victims' Rights Week

ACTION: Proclamation presented by Mayor Ridenour.

2. Presentation of Proclamation declaring April 23-29, 2006 as Youth Temperance Education Week.

ACTION: Proclamation presented by Mayor Ridenour.

3. Presentation of the Modesto City-County Airport 2005 Annual Report by Art deWerk, Airport Advisory Committee Chair.

ACTION: Presentation made by Art de Werk Airport Advisory Committee Chair.

ORAL COMMUNICATIONS

Dave Simon Brinks Home Security spoke in opposition to verified alarm response.

Greg Gamelli HSM Security spoke in opposition to a verified alarm policy.

Pete Fitch Protection Alarm spoke in opposition to a verified alarm policy.

Matt Hoffman Hoffman Security spoke in opposition to a verified alarm policy.

John Sargent California Alarm Association spoke in opposition to a verified alarm policy.

Dana Buck Bay Alarm Company spoke in opposition to a verified alarm policy.

o Chief Wasden and Lieutenant Watts reviewed the Police Department's policy regarding alarms and confirmed that this item will be on the May 9, 2006 Council agenda.

CONSENT ITEMS - ROLL CALL VOTE REQUIRED: Items 4 -15, 17 - 21, 23, 25-27, 29-37

ACTION Consent Items 4-15, 17-21, 23, 25-27, 29- 37 - Hawn/Keating; unan.

ACTION Consent: 16 - Ridenour/Marsh; unan.

ACTION Consent: 22 - Marsh/Hawn; unan.

ACTION Consent: 24 - Marsh/Dunbar; unan.

ACTION Consent: 28 -Olsen/Hawn; unan.

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

CONSENT
4. Consider approval of the minutes of the regular City Council meeting of April 4, 2006.
Motion approving recommended.
Clerk; Rebecca Redin, 577-5397, rredin@modestogov.com

ACTION: By Motion (Hawn/Keating; unan.) approving the minutes of April 4, 2006.

CONSENT
5. Consider approving the final adoption of Ordinance No. 3407 -C.S. amending Outdoor Dining Ordinance No.3054-C.S to include additional fees.
Motion approving final adoption recommended.
Clerk; Rebecca Redin, 577-5397, rredin@modestogov.com

ACTION: By Motion (Hawn/Keating; unan.) approved the final adoption of Ordinance No. 3407 -C.S. amending Outdoor Dining Ordinance No.3054-C.S to include additional fees.

CONSENT
6. Consider amending resolution 2006-087 to authorize the seven Charter Review Committee members appointed by the City Council to appoint four additional committee members from the community and approving the four appointees selected by the current members of the Charter Review Committee.
Resolution amending resolution 2006-087 to authorize the seven Charter Review Committee members appointed by the City Council to appoint four additional committee members from the community and approving the four appointees selected by the current members of the Charter Review Committee recommended.
City Council Office; Mayor Jim Ridenour, 571-5169, mayor@modestogov.com

ACTION: Resolution 2006-225 (Hawn/Keating; unan.) amending resolution 2006-087 to authorize the seven Charter Review Committee members appointed by the City Council to appoint four additional committee members from the community and approving the four appointees selected by the current members of the Charter Review Committee.

CONSENT
7. Consider accepting the resignation of Tammy Spillers from the Community Housing and Community Development Committee (CH&CDC) and the Housing Rehabilitation Loan Committee (HRLC).
Resolution accepting with regret the letter of resignation from Tammy Spillers.
City Manager's Office; Esther Puckett, 571-5101, epuckett@modestogov.com

ACTION: Resolution 2006-226 (Hawn/Keating; unan) accepting with regret the letter of resignation from Tammy Spillers.

CONSENT
8. Consider accepting the resignation of David Lopez from the Community Qualities Forum.
Resolution accepting with regret the letter of resignation from David Lopez.
City Manager's Office; Esther Puckett, 571-5101, epuckett@modestogov.com

ACTION: Resolution 2006-227 (Hawn/Keating; unan) accepting with regret the letter of resignation from David Lopez.

CONSENT
9. Consider Annexation of Additional Territory to City of Modesto Community Facilities District No. 2004-1 (Village One #2) (Annexation No. 12).
Resolution of intention to annex additional territory ("additional territory") to City of Modesto Community Facilities District No. 2004-1 (Village One #2) ("CFD No. 2004-1" recommended.
City Manager's Office, Tina Rocha, 577-5211, trocha@modestogov.com

ACTION: Resolution 2006-228 (Hawn/Keating; unan) of intention to annex additional territory ("additional territory") to City of Modesto Community Facilities District No. 2004-1 (Village One #2) ("CFD No. 2004-1".

CONSENT
10. Consider approving a CFD Tax Reimbursement Agreement between the City of Modesto and Peter and Charlene Reece, Joseph and Sheryl Pimentel, and Stephen and Kathleen Hughes (collectively "Owner").
Resolution approving a CFD Tax Reimbursement Agreement between the City of Modesto and Peter and Charlene Reece, Joseph and Sheryl Pimentel, and Stephen and Kathleen Hughes (collectively "Owner") and authorizing the City Manager to execute said Agreement recommended.
City Manager's Office, Tina Rocha, 577-5211, trocha@modestogov.com

ACTION: Resolution 2006-229 (Hawn/Keating; unan) approving a CFD Tax Reimbursement Agreement between the City of Modesto and Peter and Charlene Reece, Joseph and Sheryl Pimentel, and Stephen and Kathleen Hughes (collectively "Owner") and authorizing the City Manager to execute said Agreement.

CONSENT
11. Consider approving the extension of the banking agreement with Bank of the West until August 1, 2007.
Resolution approving the extension of the banking agreement with Bank of the West until August 1, 2007 recommended.
Finance; Wayne Padilla 577-5369, wpadilla@modestogov.com

ACTION: Resolution 2006-230 (Hawn/Keating; unan) approving the extension of the banking agreement with Bank of the West until August 1, 2007.

CONSENT
12. Consider approving the Monthly Budget Adjustments - April 2006
Resolution approving budget adjustments for April 2006.
Finance; Gail Bailey, 577-5378, gbailey@modestogov.com

ACTION: Resolution 2006-231 (Hawn/Keating; unan) approving budget adjustments for April 2006.

CONSENT
13. Consider amending original award of bid to Melrose Ford for five vehicles and restating the resolution to authorize the award of bid and contract for five new, current year/model trucks to the following vendors:
o American Chevrolet for one -ton, regular cab, 4WD, long bed pickup and one -ton, crew cab, mid size, 2WD pickup in the approximate total amount of $43,117.59;
o Coalinga Motors Inc. for two -ton, extended cab, mid-size 2WD pickups and one -ton, crew cab, mid size, 2WD pickup in the approximate total amount of $48,279.02.
The approximate total amount for all five new, current year/model trucks is $91,396.61.
Resolution amending original award of bid to Melrose Ford for five vehicles and restating the resolution to authorize the award of bid and contract for five new, current year/model trucks to the following vendors:
o American Chevrolet, Modesto, CA. for one -ton, regular cab, 4WD, long bed pickup and one -ton, crew cab, mid size, 2WD pickup in the approximate total amount of $43,117.59;
o Coalinga Motors Inc. of Coalinga, CA. for two -ton, extended cab, mid-size 2WD pickups and one -ton, crew cab, mid size, 2WD pickup in the approximate total amount of $48,279.02 recommended.
Finance; Tom Reddie, 577-5406, treddie@modestogov.com

ACTION: Resolution 2006-232 (Hawn/Keating; unan) amending original award of bid to Melrose Ford for five vehicles and restating the resolution to authorize the award of bid and contract for five new, current year/model trucks to the following vendors:
o American Chevrolet, Modesto, CA. for one -ton, regular cab, 4WD, long bed pickup and one -ton, crew cab, mid size, 2WD pickup in the approximate total amount of $43,117.59;
o Coalinga Motors Inc. of Coalinga, CA. for two -ton, extended cab, mid-size 2WD pickups and one -ton, crew cab, mid size, 2WD pickup in the approximate total amount of $48,279.02.

CONSENT
14. Consider authorizing the award of bid and contract for traffic signal hardware for an initial one-year period, with a one-year contract extension purchase option to the following vendors:
o Traffic Parts, Inc. in the approximate total annual amount of $2,680.08;
o Western Pacific Signal, LLC. in the approximate total annual amount of $60,017.26;
o Jam Services in the approximate total annual amount of $7,316.53.
The approximate total annual amount for traffic signal hardware is $70,013.87.
Resolution authorizing the award of bid and contract for traffic signal hardware for an initial one-year period, with a one-year contract extension purchase option to the following vendors:
o Traffic Parts, Inc. in the approximate total annual amount of $2,680.08;
o Western Pacific Signal, LLC. in the approximate total annual amount of $60,017.26;
o Jam Services in the approximate total annual amount of $7,316.53 recommended.
Finance; Tom Reddie, 577-5406, treddie@modestogov.com

ACTION: Resolution 2006-233 (Hawn/Keating; unan) authorizing the award of bid and contract for traffic signal hardware for an initial one-year period, with a one-year contract extension purchase option to the following vendors:
o Traffic Parts, Inc. in the approximate total annual amount of $2,680.08;
o Western Pacific Signal, LLC. in the approximate total annual amount of $60,017.26;
o Jam Services in the approximate total annual amount of $7,316.53.

CONSENT
15. Consider authorizing the City Manager to apply for National Assistance to Firefighter's Grant Program funding in the amount of $229,373 and to execute the necessary grant application documents.
Resolution authorizing the City Manager to apply for National Assistance to Firefighter's Grant Program funding in the amount of $229,373 and to execute the necessary grant application documents recommended.
Fire; James Miguel, 572-9590, jmiguel@modestofire.com

ACTION: Resolution 2006-234 (Hawn/Keating; unan) authorizing the City Manager to apply for National Assistance to Firefighter's Grant Program funding in the amount of $229,373 and to execute the necessary grant application documents.

REMOVED FROM CONSENT
16. Consider approving the formation of a Solid Waste Advisory Committee and directing staff to proceed with the recruitment of citizen representatives to serve on the Committee.
Resolution approving the formation of a Solid Waste Advisory Committee and directing staff to proceed with the recruitment of citizen representatives to serve on the Committee.
Parks, Recreation & Neighborhoods; Jocelyn Reed, 577-5494, jreed@modestogov.com

ACTION: Resolution 2006-235 (Ridenour/Marsh; unan.) approving the formation of a Solid Waste Advisory Committee and directing staff to proceed with the recruitment of citizen representatives to serve on the Committee. Included in the motion, staff was requested to eliminate the Economic Development Committee review and to bring the issue directly to the Council. Staff was also directed to honor the current confidentiality provision in the existing waste contracts.

CONSENT
17. Consider approving an increase in the pay ranges of vital part-time employees in the Parks, Recreation and Neighborhoods Department by 7.5% and holding the Parks, Recreation and Neighborhoods Department budget harmless from increases to these part-time salary classifications.
Resolution approving an increase in the pay ranges of vital part-time employees in the Parks, Recreation and Neighborhoods Department by 7.5% and holding the Parks, Recreation and Neighborhoods Department budget harmless from increases to these part-time salary classifications recommended.
Parks, Recreation and Neighborhoods, Julie Hannon, 577-5417, jhannon@modestogov.com

ACTION: Resolution 2006-236 (Hawn/Keating; unan) approving an increase in the pay ranges of vital part-time employees in the Parks, Recreation and Neighborhoods Department by 7.5% and holding the Parks, Recreation and Neighborhoods Department budget harmless from increases to these part-time salary classifications.

CONSENT
18. Consider approving reorganization of the Recreation Unit and authorizing staff to implement the approved changes.
Resolution approving reorganization of the Recreation Unit and authorizing staff to implement the approved changes recommended.
Parks, Recreation and Neighborhoods, Julie Hannon, 577-5417, jhannon@modestogov.com

ACTION: Resolution 2006-237 (Hawn/Keating; unan) approving reorganization of the Recreation Unit and authorizing staff to implement the approved changes.

CONSENT
19. Consider authorizing the Purchasing Manager to solicit formal Request for Bids (RFB) for the purchase of matrix, high density, stacking chairs for the Modesto Centre Plaza, at an estimated total cost of $144,681.
Resolution authorizing the Purchasing Manager to solicit formal Request for Bids (RFB) for the purchase of matrix, high density, stacking chairs for the Modesto Centre Plaza, at an estimated total cost of $144,681 recommended.
Parks, Recreation and Neighborhoods, Mike Mingus, 577-6482, mmingus@modestogov.com

ACTION: Resolution 2006-238 (Hawn/Keating; unan) authorizing the Purchasing Manager to solicit formal Request for Bids (RFB) for the purchase of matrix, high density, stacking chairs for the Modesto Centre Plaza, at an estimated total cost of $144,681.

CONSENT
20. Consider approving a grant application for $49,000 in Land and Water Conservation Fund program funding for the construction of a Walking Trail in the Gateway Parcel of the Tuolumne River Regional Park (TRRP).
Resolution approving a grant application for $49,000 in Land and Water Conservation Fund program funding for a Walking Trail in the Gateway Parcel of the Tuolumne River Regional Park, and authorizing the City Manager or his designee to execute the application and subsequent documents recommended.
Parks, Recreation and Neighborhoods, Beverly Hatcher, 577-5582, bhatcher@modestogov.com

ACTION: Resolution 2006-239 (Hawn/Keating; unan) approving a grant application for $49,000 in Land and Water Conservation Fund program funding for a Walking Trail in the Gateway Parcel of the Tuolumne River Regional Park, and authorizing the City Manager or his designee to execute the application and subsequent documents.

CONSENT
21. Consider approving an amendment to a Standard Agreement between the City of Modesto and Precision Inspection Company Inc., increasing the Scope of Services to include inspections, bid preparation, and rehabilitation contract monitoring services for the Parks, Recreation and Neighborhoods Department for an amount not to exceed $50,000.
Resolution approving an amendment to a Standard Agreement between the City of Modesto and Precision Inspection Company Inc., increasing the Scope of Services to include inspections, bid preparation, and rehabilitation contract monitoring services for the Parks, Recreation and Neighborhoods Department for an amount not to exceed $50,000 recommended.
Parks, Recreation & Neighborhoods; Barbara Kauss, 577-5275, bkauss@modestogov.com

ACTION: Resolution 2006-240 (Hawn/Keating; unan) approving an amendment to a Standard Agreement between the City of Modesto and Precision Inspection Company Inc., increasing the Scope of Services to include inspections, bid preparation, and rehabilitation contract monitoring services for the Parks, Recreation and Neighborhoods Department for an amount not to exceed $50,000.

Item 22 removed from Consent
22. Consider approving a $750,000 loan to the Housing Authority of Stanislaus County, to purchase a 12-unit multi-family housing development located at 1901 Paramont Way ("Paramont Project"), for rental to low-income households.
Resolution approving a $750,000 loan to the Housing Authority of Stanislaus County, to purchase a 12-unit multi-family housing development located at 1901 Paramont Way ("Paramont Project"), for rental to low-income households, and authorizing the City Manager to execute the loan agreement recommended.
Parks, Recreation & Neighborhoods; Barbara Kauss, 577-5275, bkauss@modestogov.com

ACTION: Resolution 2006-241 (Marsh/Hawn; unan.) approving a $750,000 loan to the Housing Authority of Stanislaus County, to purchase a 12-unit multi-family housing development located at 1901 Paramont Way ("Paramont Project"), for rental to low-income households, and authorizing the City Manager to execute the loan agreement.

CONSENT
23. Consider amending the Position Classification Plan to amend the classifications of Maintenance Mechanic - Pumps and Operations & Maintenance Crewleader.
Resolution amending the Position Classification Plan to amend the classifications of Maintenance Mechanic - Pumps and Operations & Maintenance Crewleader recommended.
Personnel; Janice Stewart, 577-5466, jstewart@modestogov.com

ACTION: Resolution 2006-242(Hawn/Keating; unan) amending the Position Classification Plan to amend the classifications of Maintenance Mechanic - Pumps and Operations & Maintenance Crewleader.

Item 24 removed from Consent
24. Consider revising the Job Specification for Water Quality Control Superintendent and title change to Wastewater Treatment Plant Manager.
Resolution amending the Position Classification Plan to revise the classification of Water Quality Control Superintendent and change the title to Wastewater Treatment Plant Manager recommended.
Resolution amending the Class Range Table for Management and Confidential Non-Sworn Classes to change the title of Water Quality Control Superintendent to Wastewater Treatment Plant Manager remaining at salary range 446 recommended.
Personnel; Cherree Platt, 577-5439, cplatt@modestogov.com

ACTION: Resolution 2006-243 (Marsh/Dunbar; unan.) amending the Position Classification Plan to revise the classification of Water Quality Control Superintendent and change the title to Wastewater Treatment Plant Manager.

ACTION: Resolution 2006-244 (Marsh/Dunbar; unan) amending the Class Range Table for Management and Confidential Non-Sworn Classes to change the title of Water Quality Control Superintendent to Wastewater Treatment Plant Manager remaining at salary range 446.

CONSENT
25. Consider amending the Position Classification Plan to revise the job specification for the classification of Emergency Medical Services Coordinator.
Resolution amending the Position Classification Plan to revise the job specification for the classification of Emergency Medical Services Coordinator recommended.
Personnel; Cherree Platt, 577-5439, cplatt@modestogov.com

ACTION: Resolution 2006-245 (Hawn/Keating; unan) amending the Position Classification Plan to revise the job specification for the classification of Emergency Medical Services Coordinator.

CONSENT
26. Consider approving the purchase of two police canines and the associated costs for their purchase and amending the 2005/2006 budget, estimating revenue of $12,000.00 from Asset Forfeitures to police operations for the purchase of two police canines and the associated costs for their purchase.
Motion approving the purchase of two police canines and the associated costs for their purchase recommended.
Resolution amending the 2005/2006 budget, estimating revenue of $12,000.00 from Asset Forfeitures to police operations for the purchase of two police canines and the associated costs for their purchase recommended.
Police; Ron Cloward, 572-9500, clowardr@modestopd.com

ACTION: By Motion (Hawn/Keating; unan) approving the purchase of two police canines and the associated costs for their purchase.

ACTION: Resolution 2006-246 (Hawn/Keating; unan) amending the 2005/2006 budget, estimating revenue of $12,000.00 from Asset Forfeitures to police operations for the purchase of two police canines and the associated costs for their purchase.

CONSENT
27. Consider approving an agreement with Sacramento County Sheriff's Department in the amount of $80,000 annually to provide a Modesto Police Sergeant to supervise the satellite office of the Sacramento Valley High Technology Task Force.
Resolution approving an agreement with the Sacramento County Sheriff's Department in the amount of $80,000 annually to provide a Modesto Police Sergeant to supervise the satellite office of the Sacramento Valley High Technology Task Force, and authorizing the City Manager, or his designee, to execute the agreement recommended.
Resolution amending the Position Allocation Table to include one new Police Sergeant in the Police Department's Fiscal Year 2006/2007 Operating Budget for expenses of $126,000, with estimated offsetting revenues of $80,000 from the Sacramento Valley High Technology Task Force recommended.
Police; Gene Balentine, 572-9505, balentineg@modestopd.com

ACTION: Resolution 2006-247 (Hawn/Keating; unan) approving an agreement with the Sacramento County Sheriff's Department in the amount of $80,000 annually to provide a Modesto Police Sergeant to supervise the satellite office of the Sacramento Valley High Technology Task Force, and authorizing the City Manager, or his designee, to execute the agreement.

ACTION: Resolution 2006-248 (Hawn/Keating; unan) amending the Position Allocation Table to include one new Police Sergeant in the Police Department's Fiscal Year 2006/2007 Operating Budget for expenses of $126,000, with estimated offsetting revenues of $80,000 from the Sacramento Valley High Technology Task Force.

Item 28 removed from Consent
28. Consider authorizing a "sole source" purchase of up to 200 lockable trash containers over the course of five years from Victor Stanley, Inc. for a total cost not to exceed $225,000.
Resolution authorizing a "sole source" purchase of up to 200 lockable trash containers over the course of five years from Victor Stanley, Inc. of Dunkirk, Maryland for a total cost not to exceed $225,000 recommended.
Public Works; Fred Cavanah, 577-5298, fcavanah@modestogov.com

ACTION: Resolution 2006-249 (Olsen/Hawn; unan.) authorizing a "sole source" purchase of up to 200 lockable trash containers over the course of five years from Victor Stanley, Inc. of Dunkirk, Maryland for a total cost not to exceed $225,000.

CONSENT
29. Consider approving an agreement between City of Modesto and the new owners of PAK Mail at 3801 Yosemite Boulevard, Suite E, to continue operating as a bus pass outlet for Modesto Area Express.
Resolution approving an agreement between City of Modesto and the new owners of PAK Mail at 3801 Yosemite Boulevard, Suite E, to continue operating as a bus pass outlet for Modesto Area Express, and authorizing the City Manager, or his designee, to execute the agreement recommended.
Public Works; Fred Cavanah, 577-5298, fcavanah@modestogov.com

ACTION: Resolution 2006-250 (Hawn/Keating; unan) approving an agreement between City of Modesto and the new owners of PAK Mail at 3801 Yosemite Boulevard, Suite E, to continue operating as a bus pass outlet for Modesto Area Express, and authorizing the City Manager, or his designee, to execute the agreement.

CONSENT
30. Consider awarding contracts for On-call Water, Wastewater & Storm Drainage System Impact Studies and Related Engineering Services.
Resolution awarding a contract to West Yost Associates, Inc. for On-call Water System Impact Studies and Related Engineering Services for the Public Works Department - Capital Improvement Services Division for a one-year agreement with three, one-year extension options and authorizing the City Manager, or designee, to execute the agreement recommended.
Resolution awarding a contract to Carollo Engineers for On-call Wastewater System Impact Studies and Related Engineering Services for the Public Works Department - Capital Improvement Services Division for a one-year agreement with three, one-year extension options and authorize the City Manager, or designee, to execute the agreement recommended.
Resolution awarding a contract to Stantec Consulting, Inc. for On-call Storm Drainage System Impact Studies and Related Engineering Services for the Public Works Department - Capital Improvement Services Division for a one-year agreement with three, one-year extension options and authorize the City Manager, or designee, to execute the agreement recommended.
Resolution amending the current Capital Improvement Budget in order to partially fund the Agreement with West Yost Associates, Inc. by appropriating $25,000 from account 6100-800-8000-8003 (Water Reserves) to CIP account 6180-430-W436-6052 (Water System Analysis-Primary) recommended.
Public Works; Violet Jakab, 577-5869, vjakab@modestogov.com

ACTION: Resolution 2006-251 (Hawn/Keating; unan) awarding a contract to West Yost Associates, Inc. for On-call Water System Impact Studies and Related Engineering Services for the Public Works Department - Capital Improvement Services Division for a one-year agreement with three, one-year extension options and authorizing the City Manager, or designee, to execute the agreement.

ACTION: Resolution 2006-252 (Hawn/Keating; unan) awarding a contract to Carollo Engineers for On-call Wastewater System Impact Studies and Related Engineering Services for the Public Works Department - Capital Improvement Services Division for a one-year agreement with three, one-year extension options and authorize the City Manager, or designee, to execute the agreement.

ACTION: Resolution 2006-253 (Hawn/Keating; unan) awarding a contract to Stantec Consulting, Inc. for On-call Storm Drainage System Impact Studies and Related Engineering Services for the Public Works Department - Capital Improvement Services Division for a one-year agreement with three, one-year extension options and authorize the City Manager, or designee, to execute the agreement.

ACTION: Resolution 2006-254 (Hawn/Keating; unan) amending the current Capital Improvement Budget in order to partially fund the Agreement with West Yost Associates, Inc. by appropriating $25,000 from account 6100-800-8000-8003 (Water Reserves) to CIP account 6180-430-W436-6052 (Water System Analysis-Primary).

CONSENT
31. Consider authorizing the Purchasing Manager to issue a Request for Proposals for Pretreatment Program Software at an approximate cost of $60,000.
Resolution authorizing the Purchasing Manager to issue a Request for Proposals for Pretreatment Program Software at an approximate cost of $60,000 recommended.
Public Works; John Rivera, 577-6240, jrivera@modestogov.com

ACTION: Resolution 2006-255 (Hawn/Keating; unan) authorizing the Purchasing Manager to issue a Request for Proposals for Pretreatment Program Software at an approximate cost of $60,000.

CONSENT
32. Consider directing staff to prepare and file the Annual Report for Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1 - 6.
Resolution stating that there were no new improvements or substantial changes in the existing improvements, and directing staff to prepare and file the annual report for Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1 through 6 recommended.
Public Works; Bill Sandhu, 577-5259, bsandhu@modestogov.com

ACTION: Resolution 2006-256 (Hawn/Keating; unan) stating that there were no new improvements or substantial changes in the existing improvements, and directing staff to prepare and file the annual report for Landscape Maintenance Assessment District No. 1 for Dry Creek Meadows Subdivisions Nos. 1 through 6.

CONSENT
33. Consider directing staff to prepare and file the Annual Report for Landscape Maintenance Assessment District No. 2 For Dry Creek Meadows Subdivisions Nos. 7 - 10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivisions Units 1 and 2.
Resolution stating that there were no new improvements or substantial changes in the existing improvements, and directing staff to prepare and file the annual report for Landscape Maintenance Assessment District No. 2 For Dry Creek Meadows Subdivisions Nos. 7 - 10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivisions Units 1 and 2 recommended.
Public Works; Bill Sandhu, 577-5259, bsandhu@modestogov.com

ACTION: Resolution 2006-257 (Hawn/Keating; unan) stating that there were no new improvements or substantial changes in the existing improvements, and directing staff to prepare and file the annual report for Landscape Maintenance Assessment District No. 2 For Dry Creek Meadows Subdivisions Nos. 7 - 10, Creekwood Meadows Subdivision, and Yosemite Meadows Subdivisions Units 1 and 2.

CONSENT
34. Consider accepting the improvements for Shadow Creek Apartments along Floyd Avenue and Roselle Avenue, in the Village One Specific Plan Area, and authorizing the City Clerk to file a Notice of Completion (Owner: American Home Builders, Inc., A Washington Corporation).
Resolution accepting the improvements for Shadow Creek Apartments and authorizing the City Clerk to file a Notice of Completion recommended.
Public Works; Bill Sandhu, 577-5259, bsandhu@modestogov.com

ACTION: Resolution 2006-258 (Hawn/Keating; unan) accepting the improvements for Shadow Creek Apartments and authorizing the City Clerk to file a Notice of Completions.

CONSENT
35. Consider accepting the CFD Improvements for the Hacienda Del Sol Unit 2 Subdivision, in the Village One Specific Plan Area, and Authorizing the City Clerk to File a Notice of Completion (Owner: Centex Homes, A Nevada General Partnership).
Resolution accepting the CFD improvements for the Hacienda Del Sol Unit 2 Subdivision and authorizing the City Clerk to file a Notice of Completion recommended.
Public Works; Bill Sandhu, 577-5259, bsandhu@modestogov.com

ACTION: Resolution 2006-259 (Hawn/Keating; unan) accepting the CFD improvements for the Hacienda Del Sol Unit 2 Subdivision and authorizing the City Clerk to file a Notice of Completion.

CONSENT
36. Consider rejecting the sole bid for the project titled "2006 Water Well Development" and authorizing staff to re-advertise the project at a future date.
Resolution rejecting the sole bid for the project titled "2006 Water Well Development" and authorizing staff to re-advertise the project at a future date recommended.
Public Works; Dean Phillips, 577-5260, dphillips@modestogov.com

ACTION: Resolution 2006-260 (Hawn/Keating; unan) rejecting the sole bid for the project titled "2006 Water Well Development" and authorizing staff to re-advertise the project at a future date.

CONSENT
37. Consider directing Staff to specify a 4-foot by 8-foot sign be placed on all major capital improvement projects designating funding sources for construction.
Resolution directing Staff to specify a 4-foot by 8-foot sign be placed on all major capital improvement projects designating funding sources for construction recommended.
Public Works; Dean Phillips, 577-5260, dphillips@modestogov.com

ACTION: Resolution 2006-261 (Hawn/Keating; unan) directing Staff to specify a 4-foot by 8-foot sign be placed on all major capital improvement projects designating funding sources for construction.

COUNCIL COMMENTS & REPORTS

38. At Vice Mayor O'Bryant's request, consider a motion authorizing Vice Mayor O'Bryant to continue work on a solution regarding mobile home rents and the elderly.

ACTION: By motion (Ridenour/Marsh; unan.) Vice Mayor O'Bryant was authorized by the Council to continue to work on a solution to the mobile home rent issue and to return to the Council to consider adopting a resolution regarding this item.

WRITTEN COMMUNICATIONS

39. Consider a letter from Larry Shetterly, President of the Coralwood Residents Committee, regarding the runaway rent increases of Coralwood Senior Park.

ACTION: No action taken.

Recess 7:00
Reconvene 7:15

HEARINGS

Published in the Modesto Bee on 4/8/06
40. Consider an appeal by Bethany Christian Services for imposition or modification of Capital Facilities Fees for the construction of an office building located on the east side of Hahn Drive, south of Standiford Avenue.
Resolution denying the appeal by Bethany Christian Services for imposition of Capital Facilities Fees, CFF, for the construction of an office building located on Hahn Drive, south of Standiford Avenue recommended.
City Manager; Amy S. Gedney, 577-5211, agedney@modestogov.com

ACTION: Resolution 2006-262 (Dunbar/Keating; majority, Olsen no) denying the appeal by Bethany Christian Services for imposition of Capital Facilities Fees, CFF, for the construction of an office building located on Hahn Drive, south of Standiford Avenue.

Published in the Modesto Bee on 4/8/06
It is requested that this item be continued to May 23, 2006.
41. Hearing to consider introducing a Code Enforcement Inspection Fee of $33.00 to be applied to "problem properties" that are subject to the 4th and 5th contacts by Neighborhood Preservation Unit (NPU) staff within 12 months of last contact, and $101.00 to be applied to "problem properties" that are subject to 6 or more contacts by NPU within 12 months of last contact, with an annual inflation rate of 3% for the next four years.
Motion continuing item to May 23, 2006 recommended.
Parks, Recreation & Neighborhoods; Julie Hannon, 577-5417, jhannon@modestogov.com

ACTION: By Motion (Dunbar/Hawn; unan.) continuing item to May 23, 2006.

Councilmember Hawn absent due to conflict of interest.
It is requested, per a letter from the appellant, that this hearing be continued to June 27, 2006.
This hearing was continued from 3/7/06 and 3/28/06 at request of appellant.
Published in the Modesto Bee on 2/28/06 and 3/18/06. Mailed on 2/17/06.

42. Hearing to consider the appeal of Ronald Malik to a decision by the Planning Commission approving the Vesting Tentative Subdivision Map of the Bridges Business Park, property located on the south side of Kiernan Avenue west of the Dale Road Intersection.
Resolution denying the appeal of Ronald Malik to a Planning Commission decision approving Condition No. 14 to the Bridges Vesting Tentative Parcel Map recommended.
Community & Economic Development; Daniel De La O, 577-5267, ddelao@modestogov.com

ACTION: By Motion (Keating/Marsh; unan. Hawn absent) continuing item to June 27, 2006.

NEW BUSINESS

43. Discuss the Charter Review Process and provide the Charter Review Committee with suggested topics for consideration as part of the review.

ACTION: No action taken.

44. Consider accepting the General Fund Status and Revenue Update.
Motion accepting staff report on General Fund status recommended.
Resolution amending General Fund operating budget to reflect revised revenue projections for FY 2005-06 recommended.
Finance; Wayne Padilla, 577-5369, wpadilla@modestogov.com

ACTION: By Motion (O'Bryant/Dunbar; unan.) accepting staff report on General Fund status.

ACTION: Resolution 2006-263 (O'Bryant/Dunbar; unan) amending General Fund operating budget to reflect revised revenue projections for FY 2005-06.

MATTERS TOO LATE FOR THE AGENDA

None.

ADJOURNMENT

This meeting adjourned at 8:30 p.m.

CLOSED SESSION

All closed sessions heard prior to the meeting.

CONFERENCE WITH LABOR NEGOTIATOR:
(Pursuant to Section 54957.6 of the Government Code)

Agency Negotiators: George Britton, City Manager
Robin Renwick, Personnel Director
Janice Stewart, Deputy Director of Personnel

Employee Organization: Modesto City Employees Association (MCEA)



Agency Negotiators: George Britton, City Manager
Robin Renwick, Personnel Director

Employee Organization: Modesto Confidential & Management Association (MCMA)



Agency Negotiators: Janice Stewart, Deputy Director of Personnel
Nick Pinhey, Public Works Director
Dan Wilkowsky, Deputy Director of Public Works
Jana McCarron, Administrative Services Officer

Employee Organization: Modesto City Employees Association (MCEA)
(Meet and Confer on Wastewater Treatment Plant
Operators Schedule)

CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Section 54956.8 of the Government Code)

Property: Acquisition of Sylvan School District surplus property
located on Floyd Avenue at the intersection of Floyd Avenue
and Lincoln Oak Drive

APN: 077-008-027 - . 48 acres

Negotiating parties: Vickey Dion, CFD Engineer - for the City

Ron Lebs - negotiating for Sylvan Union School District

Under negotiation: Price and terms of sale of property.

Property: Acquisition of real property located at 3019 Floyd Avenue.

APN: 085-050-007 (portion) - 3,335.14 square feet
or 0.0765 Acres

Negotiating Parties: Steve Long, Overland, Pacific & Cutler, Inc., for the City
Bruce Whitacre, for owner

Under negotiation: Price and terms of sale of property.

Property: Acquisition of real property located at 2606 Roselle Avenue.

APN: 085-050-008 (portion) - 7,359.23 square feet
or 0.1689 Acres

Negotiating Parties: Steve Long, Overland, Pacific & Cutler, Inc., for the City
Bruce Whitacre, for owner

Under negotiation: Price and terms of sale of property.

CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION

Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 of the Government Code: One Case


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