NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto

Transcription

1 MODESTO CITY COUNCIL RESOLUTION NO RESOLUTION ACCEPTING THE RESIGNATIONS OF BOB BARZAN AND DAVID BURKETT FROM THE CITY OF MODESTO CULTURE COMMISSION WHEREAS, Bob Barzan and David Burkett were appointed to serve as members of the Culture Commission on October 14, 2014, and WHEREAS, Bob Barzan and David Burkett have tendered their resignations from the Culture Commission, and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto accepts, with regret, the resignations of Bob Barzan and David Burkett from the City of Modesto Culture Commission. 09/27/2016/CED/CBiidsill/Item

2 The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 27 th day of September, 2016, by Councilmember Madrigal, who moved its adoption, which motion being duly seconded by Councilmember Kenoyer, was upon roll call carried and the resolution adopted by the following vote: AYES: Councilmembers: Ah You, Grewal, Kenoyer, Madrigal, Ridenour, Zoslocki, Mayor Brandvold NOES: Councilmembers: None ABSENT: Councilmembers: None ATTEST: STEPHANIE LOPEZ, City Cle& f (SEAL) APPROVED AS TO FORM: By: ADAM U. LINDGREN, CitfAttorney 09/27/20I6/CED/CBirdsill/Item

3 MODESTO CITY COUNCIL RESOLUTION NO RESOLUTION OF THE COUNCIL OF THE CITY OF MODESTO ADOPTING AN AMENDED CONFLICT OF INTEREST CODE FOR CITY OF MODESTO; AND RESCINDING RESOLUTION NO WHEREAS, pursuant to Government Code Section 87300, every local agency must adopt a Conflict of Interest Code, and WHEREAS, the City Clerk is authorized to maintain a current list of the City agencies/departments which have adopted a Conflict of Interest Code, and WHEREAS, the Political Reform act requires every local government agency to review its Conflict of interest Code on a biennial basis to determine if it is accurate or, alternatively, the need for amendment, and WHEREAS, pursuant to Government Code Section 82011, this Council is the Code reviewing body for agencies, boards, and commissions of tire City of Modesto, and WHEREAS, the Council, at its meeting of September 27, 2016, considered the adoption of the Amended Conflict of Merest Code for the City of Modesto. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby adopts an amended Conflict of Interest Code for the City of Modesto attached hereto. BE IT FURTHER RESOLVED that Resolution No , adopted by the City Council is hereby rescinded. RESCINDED SEP ,27/2016/Clerk/SLopez/Item 6 THIS RESOLUTION WAS RESCINDED BY MODESTO CITTCOUNCIL RESOLUTION NO

4 The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 27 th day of September, 2016, by Councilmember Kenoyer, who moved its adoption, which motion being duly seconded by Councilmember Madrigal, was upon roll call carried and the resolution adopted by the following vote: AYES: Councilmembers: Ah You, Grewal, Kenoyer, Madrigal, Ridenour, Zoslocki, Mayor Brandvold NOES: Councilmembers: None ABSENT: Councilmembers: None ATTEST: STEPHANIE LOPEZ. 'JUUAs CityCler/ (SEAL) APPROVED AS TO FORM: By: ^ADAM U. LINDGREN, ( jjjty Attorney 09/27,2016/Clerk' SLopez'Item

5 OFFICE OF THE CITY ATTORNEY CONFLICT OF INTEREST CODE APPENDIX "A" Designated Positions Disclosure Cateaorv Assistant City Attorney 1 City Attorney Statutory Filer Consultant 1 Deputy City Attorney I, II 1 Senior Deputy City Attorney I, II 1 Paralegal/EEO Investigator

6 OFFICE OF THE CITY AUDITOR CONFLICT OF INTEREST CODE APPENDIX! fa" Designated Positions Auditor Consultant Disclosure Category

7 OFFICE OF THE CITY CLERK CONFLICT OF INTEREST CODE APPENDIX "A * ' Designated Positions Assistant City Clerk City Clerk Consultant Disclosure Category ] 6

8 OFFICE OF THE CITY MANAGER CONFLICT OF INTEREST CODE APPENDIX "A" Designated Positions City Manager Disclosure Cateaorv Statutory Filer! Deputy City Manager ( ) 1 Consultants) 1! ', v ' 1 : "!. T 1 20!

9 COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT CONFLICT OF INTEREST CODE APPENDIX "A" Designated Positions Disclosure Category Administrative Analyst!, IS 4 Administrative Services Technician I, ff 4 Assistant Civil Engineer 4 Associate Civil Engineer 4 Assistant Engineer 4 Associate Engineer 4 Assistant Planner 4 Associate Planner 4 Building Inspection Program Coordinator 4 Building Inspector f, II 4 Business Analyst 4 Business Center Manager 4 Chief Building Official 4 City Engineer 4 Code Enforcement Officer, I, II 4 Cultural Services Manager 4 Development Services Technician 1, 11 4 Director of Community & Economic Development 4 Engineering Assistant II 4 Environmental Compliance inspector I, II 4 Event Coordinator 4 Event Supervisor 4 Consultant 4 Assistant Chief Building Official 4 Environmental Compliance Inspector I, li 4 I f Office Supervisor

10 - ~~ Plans Examiner 4 Planning Manager 4 Principal Planner 4 Senior Building inspector 4 Senior Civil Engineer 4 Senior Planner 4 Senior Transportation Planner 4 / /! Sensor Business Analyst.. 4 FP SUP * -' - '/isor. 4 - P: _Cpnyvi ' : M!^SJ te9 t! ' u r > Sp t 4 Cornmur * > r ' f" 1! 1 ' " IPS, OP : ~ ~ ' < 4 ; Ho»asa te5mi^ i t 4 t - lou. slng.rjv c >» - gatisf ' T i mmer.revie c * n 4 Neighborhood Preservation Unit Supervisor 4 ^ S- J -stv ) ;

11 FINANCE DEPARTMENT CONFLICT OF interest CODE APPENDIX "A" Designated Employee Positions Principal Accountant Assistant Buyer (Purchasing Division) Buyer/Senior Buyer Customer Services Supervisor (2) Customer Services Manager Director of Finance Budget Manager Purchasing Manager Stores Supervisor Consultants Senior Financial Analyst Disclosure Category Statutory Filer !6

12 IRE DEPARTMENT CONFLICT OF INTEREST CODE APPENDIX "A" Designated. DosiFcns Disclosure Category Administrative Analyst 6 Apparatus Committee Members 6 Consultant S Deputy Fire Marshal 6 Fire Battalion Chief 6 Fire Chief 1 Fire Division Chief - Operations 6 Fire Division Chief -_ Fire Marshal 6 6 : Comment[DMl]:This position no ica er exists & falls trtrdtr tits Achin analyst Fire Division Chief- Support S 6 Commit tdm2]: THIS edition Merger : evjsts i x

13 ADMINISTRATIVE SERVICES DERAILMENT HUMAN RESOUCES CONFLICT OF INTEREST CODE APPENDIX. "A" Designated Positions Disclosure Category Risk and Loss Control Coordinator 9 Consultant 1 Human Resources Director I Risk Manager 9 Employee Benefits Manager 9 Employee Relations Coordinator 9 Human Resources Manager 9 <?m a f -;e s. Tm- <. - Administrative Services Officer 9 ; 201 :

14 APMJNISTRAW-i SSRVtCS* 4 >ibarm6n? INFORMATION TECHNOLOGY DEPARTMENT CONFLICT OF INTEREST CODE APPENDIX "A Desianafed Positions Disclosure Cateoorv [ ' > * Chief information Officer 1 information Technology Manager 7 Principal Software Analyst 7 Senior Software Analyst 7 Principal Systems Engineer 7 Senior Systems Engineer 7 AdmjfM&traFv.± 201

15 POLICE DEPARTMENT CONFLICT OF INTEREST CODE i 'i ' 1 A '' A Designated Positions Disclosure Category Public Safety Business Services Analyst 10 Chief of Police 1 Police Captain 3} 10 Police Lieutenant - 8} 10 iilloitamjssmmk if rms -ha- f... Mil " Tf Tad.MM.ALMI AM««! Mi IS 201 i Ṁv

16 Desianated Positions PUBLIC WORKS DEPARTMENT CONFLICT OF INTEREST CODE APPENDIX "A" Disclosure Cateqorv Administrative Analyst II 8 a Administrative Services Technician 1, if 1 Airport Manager 1...i,, Code Enforcement Officer 1, ii 1 ; Ṁ f -ac^'v Sue*: r - nsor.8 Consultant 1 Fleet Manager 8 -. A - -8 intearated Waste Specialist 8 Director of Public Works 1 Operations & Maintenance Supervisor 8 Operations Manager- Parks 1 Operations Manager- Streets 8 >v f, o; _ttye- 1 Qfigtitjops Sụgorv» > oṛ. 8 PafkflnsJupiryiGcv. 8 Rei.-yc.linq program Coordinator 8 f : tdlfoaisgii: -., SoF * Was*' - r ' %>rcomgy * * *.. _ SoM Waste Program Manager 8 Streets Manager 8 Traffic Engineer 1 Traffic Operations Engineer 1 Transit Manager 1

17 Designated Positions PARKS, RECREATION AND NEIGHBORHOODS DEPARTMENT CONFLICT OF INTEREST CODE APPENDIX "A" Disclosure Category 1 J Administrative Analyst II Consultant 1 I Deputy Director Recreation and Neighborhood Services ~~~$ > D - & J Parks, Recreation and Neighborhoods Director 1 Recreation Program Manager 8 Recreation Supervisor II >- 8 «>-!i '«*?> Sffifcs R$m j figjku!!sbbls»matter '

18 Designated Positions UTILITIES DEPARTMENT CONFLICT OF INTEREST CODE APPENDIX "A" Disclosure Category Administrative Analyst i! 8 Associate Civil Engineer 8 Associate Land Surveyor 8 Construction Inspector 8 Consultant 1 Director of Utilities 1 Engineering Division Manager 1 Environmental Compliance Supervisor 8 Environmental & Water Quality Laboratory Supervisor 8 Environmental & Regulatory Compliance Manager 1 Property Agent 1 Senior Civil Engineer 1 Senior Construction Inspector 8 Supervising Construction Inspector 8 Wastewater Collections Manager 1 Wastewater Collection System Supervisor 8 Water Quality Control Plant Maintenance Supervisor 8 Water Quality Control Operations Supervisor 8 Water Quality Control Plant Manager 1 Water Distribution and Production Supervisor 8 Water Systems Manager

19 MODESTO CITY COUNCIL RESOLUTION NO RESOLUTION OF THE COUNCIL OF THE CITY OF MODESTO ADOPTING A CONFLICT OF INTEREST CODE FOR THE SAFER NEIGHBORHOODS COMMUNITY ADVISORY BOARD WHEREAS, pursuant to Government Code Section 87300, every local agency must adopt a Conflict of Interest Code, and WHEREAS, the City Clerk is authorized to maintain a current list of the City agencies/departments which have adopted the Conflict of Interest Code, and WHEREAS, The Political Reform act requires every local government agency to review its Conflict of interest Code on a biennial basis to determine if it is accurate or, alternatively, the need for amendment, and WHEREAS, pursuant to Government Code Section 82011, this Council is the Code reviewing body for agencies of the City of Modesto, and WHEREAS, the Council, at its meeting of September 27, 2016, considered the adoption of the Conflict of Interest Code for the Safer Neighborhoods Community Advisory Board. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that the Conflict of Interest Code of the Safer Neighborhoods Community Advisory Board of the City of Modesto as attached hereto, is hereby approved. 09/27/2016/Clerk/SLopez/Item

20 The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 27 th day of September, 2016, by Councilmember Kenoyer, who moved its adoption, which motion being duly seconded by Councilmember Madrigal, was upon roll call carried and the resolution adopted by the following vote: AYES: Councilmembers: Ah You, Grewal, Kenoyer, Madrigal, Ridenour, Zoslocki, Mayor Brandvold NOES: Councilmembers: None ABSENT: Councilmembers: None (SEAL) APPROVED AS TO FORM: ADAM U. LINDGREN, Cjpy Attorney 09/27/2016/Clerk/SLopez/Item

21 CONFLICT OF INTEREST CCOc Or THE o ;TRZ Hs HOUSING AND commmrr DEVELOPMENT COMMITTEE The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs ) which contains the terms of a standard conflict of interest code. After public notice and hearing it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the conflict of interest code of the Citizens Housing and Community Development Committee. Designated employees and officials shall file their statements with the Office of the City Clerk which will make the statements available for public inspection and reproduction. (Gov. Code Section 81008). Statements for all designated officials wilt be retained by the Office of the City Clerk. CH&COC.word 2016

22 CITIZENS HOUSING AND COMMUNITY DEVELOPMENT COMMITTEE CONFLICT OF INTEREST CODE APPENDIX "A" Designated Positions Disclosure Cateaorv Chairperson, All Committee Members 1 Consultant 1 CH&CDC.worci 2016

23 CITIZENS HOUSING AND COMMUNITY DEVELOPMENT COMMITTEE CONFLICT OF INTEREST CODE EXHIBIT "8" Disclosure Categories An investment, interest in real property, or income is reportable if the business entity in which the investment is held, the interest in real property, or the income, or source of income may foreseeabiy be affected materially by any decision made or participated in by the designated official by virtue of his or her position. Group 1: individuals in this group shall report all business positions, all investments, interests in real property, income, loans or gifts from individuals or businesses - Schedules A, B, C, D, E and F - from all sources located in or doing business within the jurisdiction. (Real property shall be deemed to be "within the jurisdiction" if the property or any part of It is iocated within or not more than two miles outside the boundaries of the city or within two miles of any land owned or used by the City.) A consultant designated under this category is required to file their economic disclosure form with the Clerk at the beginning and at the end of their contract term. CH&CDC.word 2016

24 co.micr ' F SRES? CODE OF THE m:- no OF BU^DIPG APPEALS CF ' H Oir/ OF MCQS5TC The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Far Political Practices Commission has adopted a regulation (2 Cal. Code of Regs ) which contains the terms of a standard conflict of interest code. After public notice and hearing It may be amended by the Fair Political Practices Commissions to conform to amendments in the Political Reform Act, Therefore, the terms of 2 California Code of Regulations Section and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the conflict of interest code of the Board of Building Appeals. Designated employees and officials shall file their statements with the Office of the City Clerk which will make the statements available for public inspection and reproduction. (Gov. Code Section 81008). Statements for all designated officials will be retained by the Office of the City Clerk. BlrigAppea. s.wcrt * 2016

25 BOARD OF BUILDING APPEALS CONFLICT OF INTEREST CODE APPENDIX!, A " Designated Positions Disclosure Cateqory Chairperson, All Board Members 1 Consultant 1 SltigAppeals.word 2016

26 BOARD OF BUILDING APPEALS CONFLICT OF INTEREST CODE EXHIBIT "B" Disclosure Categories An investment, interest in real property, or income is reportable if the business entity in which the investment is held, the interest in real property, or the income, or source of income may foreseeably be affected materially by any decision made or participated in by the designated official by virtue of his or her position. Group t: Individuals in this group shall report all business positions, all investments, interests in real property, Income, loans or gifts from individuals or businesses - Schedules A, B, C, D, E and F - from all sources located in or doing business within the jurisdiction. (Real property shall be deemed to be "within the jurisdiction" if the property or any part of it is located within or not more than two miles outside the boundaries of the city or within two miles of any land owned or used by the City.) Bldc,Appea!s.V(Ord 2016

27 CONFLICT 0i : ;N i ' lplz CODS OF THE 3CM.R0 OF ZONING AOJUSTHTHT The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs ) that contains the terms of a standard conflict of interest code. After public notice and hearing it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the conflict of interest code of the Board of /Zoning Adjustment. Designated employees and officials shall file their statements with the Office of the City Clerk who will make the statements available for public inspection and reproduction. (Gov. Code Section 81008). Statements for all designated officials will be retained by the Office of the City Clerk. ZoningAd /' JsS.word 2016

28 BOARD OF ZONING ADJUSTMENT CONFLICT OF INTEREST CODE APPENDIX "A" Desianated Positions Disclosure Category Chairperson, All Board Members 1 Consultant 1 ZoningAdftist.wortf 3016

29 BOARD OF ZONING ADJUSTMENT CONFLICT OF INTEREST CODE EXHIBIT 8" Disclosure Categories An investment interest in real property, or income is reportable if the business entity in which the investment is held, the Interest in reai property, or the income, or source of income may foreseeably be affected materially by any decision made or participated in by the designated official by virtue of his or her position. Group 1: individuals in this group shall report all business positions, aii investments, interests in real property, income, loans or gifts from individuals or businesses - Schedules A, B, C, D, E and F - from all sources located in or doing business within the jurisdiction. (Reai property shall be deemed to be "within the jurisdiction" if the property or any part of it is located within or not more than two miies outside the boundaries of the city or within two miles of any land owned or used by the City.) A ' consultant designated under this category is required to file their economic disclosure form with the Clerk at the beginning and at the end of their contract term. ZoningAdjust.v. ' ord 2016

30 CQ.MFUC f OF 1: r^ 3 T COOS OF THE C13A3LED AGO 500 APPEALS BOARD The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cai. Code of Regs ) which contains the terms of a standard conflict of interest code. After public notice and hearing it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the conflict of interest code of the Disabled Assess.Appeals Board. Designated employees and officials shall file their statements with the Office of the City Clerk which will make the statements available for public inspection and reproduction. (Gov. Code Section 81008). Statements for ail designated officials will be retained by the Office of the City Clerk. DisnfciedAccess.word 2016

31 DISABLED ACCESS APPEALS BOARD CONFLICT OF INTEREST CODE APPENDIX "A" Designated Positions Disclosure Category Chairperson, Ail Board Members 1 Consultant 1 DisabtedAccess.word 2016

32 DISABLED ACCESS APPEALS BOARD CONFLICT OF INTEREST CODE EXHIBIT "B" Disclosure Categories An investment, interest in real property, or Income is reportable if the business entity in which the Investment is held, the interest in reai property, or the income, or source of Income may foreseeably be affected materiaity by any decision made or participated in by the designated official by virtue of his or her position. Group 1: Individuals In this group shall report ali business positions, all investments, interests in real property, income, ioans or gifts from individuals or businesses - Schedules A, B, C, D, E and F - from all sources located in or doing business within the jurisdiction. (Reai property shall be deemed to be "within the jurisdiction" if the property or any part of it is located within or not more than two miles outside the boundaries of the city or within two miles of any land owned or used by the City.) A consultant designated under this category Is required to file their economic disclosure form with the Clerk at the beginning and at the end of their contract term. DisablecJAccess.word 2016

33 3. niruct OF intt-i- IC / CODF OF THE Of Th ; CITY Of 40DnSTO The Political Reform Act (Government Code Section 8100, et seq.) requires state and ioca! government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs ) which contains the terms of a standard confiict of interest code. After public notice and hearing it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act Therefore, the terms of 2 California Code of Regulations Section and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the conflict of interest code of the Entertainment Commission. Designated employees shall file their statements with the Office of the City Clerk which will make the statements available for public inspection and reproduction. (Gov. Code Section 81008). Statements for ail designated employees wlli be retained by the Office of the City Clerk. 201B4

34 ENTERTAINMENT COMMISSION CONFLICT OF INTEREST CODE APPENDIX "A" Designated Positions Disclosure Category Chairperson, AM Committee Members 1 Consultant *'

35 ENTERTAINMENT COMMISSION CONFLICT OF INTEREST CODE EXHIBIT "8" Disclosure Categories An investment, interest in real property, or income is reportable if the business entity in which the investment is held, the interest in real property, or the income, or source of income may foreseeably be affected materially by any decision made or participated in by the designated employee by virtue of the employee's position. Group f: Designated employees In this group shall report all business positions, ail investments, interests in real property, income, loans or gifts from individuals or businesses - Schedules A, B, C, D, E and F - from ail sources located in or doing business within the jurisdiction. (Reai property shall be deemed to be "within the jurisdiction" if the property or any part of it is located within or not more than two miles outside the boundaries of the city or within two miles of any land owned or used by the City.) A consultant designated under this category is required to file their economic disclosure form with the Clerk at the beginning and at the end of their contract term. 2Q1g4

36 CONFLICT OF TTFLioTCCOe OF THE HOLDING REHABILITATION LOAM COr^ITT -S OF THE CITY Of MODESTO The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cai. Code of Regs ) which contains the terms of a standard conflict of interest code. After public notice and hearing it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the conflict of interest code of the Housing Rehabilitation Loan Committee. Designated employees and officials shall file their statements with the Office of the City Clerk which will make the statements available for public inspection and reproduction. (Gov. Code Section 81008). Statements for ail designated officials will be retained by the Office of the City Clerk. HousingRehab.word 2016

37 HOUSING REHABILITATION LOAN COMMITTEE CONFLICT OF INTEREST CODE APPENDIX ' A" Desiqnated Positions Disclosure Cateaorv Chairperson, Ail Committee Members 1 Consultant 1 HousingRehab.word 2016

38 HOUSING REHABILITATION LOAN COMMITTEE CONFLICT OF INTEREST CODE EXHIBIT "8" Disclosure Categories An investment, interest In real property, or income is reportable if the business entity in which the investment is held, the interest in real property, or the income, or source of income may fc-reseeably be affected materially by any decision made or participated in by the designated official by virtue of his or her position. Group 1: Individuals in this group shall report all business positions, all investments, Interests in real property, income, loans or gifts from individuals or businesses - Schedules A, 8, C, O, E and F - from all sources located in or doing business within the jurisdiction. (Real property shall be deemed to be "within the jurisdiction" if the property or any part of it is iocated within or not more than two miles outside the boundaries of the city or within two miles of any land owned or used by the City.) A consultant designated under this category is required to file their economic disclosure form with the Clerk at the beginning and at the end of their contract term. HoustngRehab.wtrd 2016

39 CONFLICT OF INTEREST CODE >Ji : 7H LANDMARK PI\'Z2ERVATiOW ZC.^.MISSION Or nie CITY Or fifcdcgtg The Political Reform Act (Government Code Section 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regs ) which contains the terms of a standard conflict of interest code. After public notice and hearing it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the conflict of interest code of the Landmark Preservation Commission. Designated employees and officials shall file their statements with the Office of the City Clerk which will make the statements available for public inspection and reproduction. (Gov. Code Section 81008). Statements for ail designated officials wifi be retained by the Office of the City Clerk; Landma.'kPresarvaSon.vvaṟd 2014

40 LANDMARK PRESERVATION COMMISSION CONFLICT OF INTEREST CODE APPENDIX "A" Designated Positions Disclosure Category Chairperson, All Committee Members 1 Consultant 1 LanrimarkPreservsSon.word 2014

41 LANDMARK PRESERVATION COMMISSION CONFLICT OF INTEREST CODE EXHIBIT 3" Disclosure Categories An investment, interest in real property, or income is reportable if the business entity in which the investment is held, the interest in real property, or the income, or source of income may foreseeably be affected materially by any decision made or participated in by the designated official by virtue of his or her position. Group 1: individuals in this group shall report all business positions, all investments, Interests in real property, income, loans or gifts from individuals or businesses - Schedules A, B, C, D, E and F - from all sources located in or doing business within the jurisdiction. (Real property shall be deemed to be "within the jurisdiction" if the property or any part of it is located within or not more than two miles outside the boundaries of the city or within two miles of any Sand owned or used by the City.) A consultant designated under this category is required to file their economic disclosure form with the Clerk at the beginning and at the end of their contract term. LandniasKPreservaBon.word 2014

42 COWFUCr CF mrsaesr CODE OF THE * ' OSSTO HEDSVE,OFMEMT 5 StGOT:: * DR AGENCY OVERSIGHT BOARD OF " HECnrYOF ^GOESTO The Political Reform Act (Government Code Section 8100, et seq.) requires state and iocai government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Gal. Code of Regs ) which contains the terms of a standard conflict of interest code. After public notice and hearing it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the conflict of Interest code of the Modesto Redevelopment Successor Agency Oversight Board. Designated employees/members shail file their statements with the Clerk of the Modesto Redevelopment Successor Agency Oversight Board which will make the statements available for public inspection and reproduction. (Gov. Code Section 81008). Statements for all designated employees/members will be retained by the Clerk of the Modesto Redevelopment Successor Agency Oversight Board. RDAOi/ersighScard 2016

43 MODESTO REDEVELOPMENT SUCCESSOR AGENCY OVERSIGHT BOARD CONFLICT OF INTEREST CODE APPENDIX "A Desianated Positions Disclosure Cateaorv Chairperson, All Board Members 1 Consultant 1 RDAOversightBoard 2016

44 MODESTO REDEVELOPMENT SUCCESSOR AGENCY OVERSIGHT BOARD CONFLICT OF INTEREST CODE EXHIBIT "B" Disclosure Categories An investment, interest in real property, or income is reportable if the business entity in which the investment is held, the interest In reai property, or the income, or source of income may foresseably be affected materially by any decision made or participated in by the designated employee by virtue of the employee's position. Group 1: Designated employees in this group shall report a!! business positions, ail investments, Interests in real property, income, loans or gifts from individuais or businesses - Schedules A, B, C, D, E and F - from all sources located in or doing business within the jurisdiction. (Rea! property shall be deemed to be within the jurisdiction" if the property or any part of it is located within or not more than two miles outside the boundaries of the city or within two miles of any land owned or used by the City.) A consultant designated under this category is required to file their economic disclosure form with the Clerk at the beginning and at the end of their contract term. RDAOvsrsightSoafd 2016

45 CONFLICT Of INTEREST CODE. )F THE t 0 { IQHBO S ' te ' «' m. AE < 'OAt OF THE CITY OF MODESTO : The PolRcol Reform AO (Government -Tor '1 Section 81000, ft seep ) momms state and local government agencies to adopt and promulgate conflict of interest codas. The Fair Political Practices Commission has adopted a regulation (2 Cat.. Code of ' 8730) mace contains Go terms of a standard conflict of -Ow -mi code. After Kegs. public notice and hearing 3 may be amended by the Fad Political Practices Commi - ssson to cordchm to mom mm - res in {fm Politics! Reform Act. Therefore, cm terms of 2 CGfiomR Code of Regulations Seldom 18- T30 and, i ;y amfindmeffls to 3 difiy adopted by the fair political Practices Commission are hereby (noorporasod by reference. Tom regulation am the attached Appendix designating officisis arte employees and establishing Gsctosure categories, shall oommm an conflict of interest code of : w Safer Neighborhoods Community Advisory Board. Designated employees anci officiate shall file their statements with the Office of Tie Cfiy Cited which wifi make the statements ;> - fi ' 7 for public inspection -, reproduction. (Gov. Code Section 81COG). Stteemetes for fi designated officisis be retained by the Office of the City Clerk. 2016

46 SAFER NEIGEI80RH00DS COMMUNITY ADVISORY BOARD CONFLICT OF V ' CODE. APPENDIX 'A* fodrorg:fvo.::'5 AiDEv^FT/OOFlG' E ^ All Committee Members 1 Consultant 2016

47 SAFER NEIGHBORHOODS COMMUNITY ADVISORY BOARD CONFLICT OF DEO O ClODE EXHIBIT DO B.S. ' * O-. An invnsiment, Interest r real property, or income is repoilabte f lire business ruby in which the investment 0 held, the interest in real property, or tire Irrcomp, or source, of mcoms may foreseeabiy be affected materially by any decision made or participated in try the designated offtoai by virtue of his or tier position. Group X lociivpiuals, n rids group sealf tear a all Euamess positions, aft investments,. interests m real pommy, income, loans or mu from mmmms, or O r c t m. Gabon to public safely - Schedulers A, 8, C, i.ami F - from afi sources located m or doing business within the jurisdiction. (Real property shall be deemed to be "within trie jurisdiction" if the property or any part of it is located within or not more than two mites outside the boundaries of the city or within two mites of any tend owned or used by the City.) A cctesustarrt designated under this category required to tile their economic. cfisciosuro form with the Clem at ins beginning and ; ' tee end of their contract term. 2016

48 MODESTO CITY COUNCIL RESOLUTION NO RESOLUTION APPROVING FIFTH AMENDMENT TO THE MASTER AGREEMENT FOR AUDITING SERVICES BETWEEN THE CITY OF MODESTO AND MOSS-ADAMS, LLP IN AN AMOUNT NOT TO EXCEED $200,000; AND AUTHORIZING THE MAYOR, OR HIS DESIGNEE, TO EXECUTE THE AMENDMENT TO THE AGREEMENT WHEREAS, Section 900 of the Modesto City Charter provides that the City Auditor shall be appointed by and serve at the pleasure of the City Council of the City of Modesto, and WHEREAS, the City Council desires to amend the Master Agreement for auditing services with the firm of Moss-Adams, LLP extending the term of the Agreement from July 1, 2016 to June 30, 2017, and WHEREAS, the compensation amount needs to be amended to include an additional amount not to exceed $200,000, NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves an Amendment to the Master Agreement for auditing services with Moss-Adams, LLP. BE IT FURTHER RESOLVED that the Mayor, or his designee, is hereby authorized to execute the Amendment to the Master Agreement, in a form approved by the City Attorney. 09/27/20I6/CM/JLopez/Item

49 The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 27 th day of September, 2016, by Councilmember Kenoyer, who moved its adoption, which motion being duly seconded by Councilmember Madrigal, was upon roll call carried and the resolution adopted by the following vote: AYES: Councilmembers: Ah You, Grewal, Kenoyer, Madrigal, Ridenour, Zoslocki, Mayor Brandvold NOES: Councilmembers: None ABSENT: Councilmembers: None (SEAL) ADAM U. LINDGREN, City ' Xttomey 09/27/2016'CM/JLopez/Item

50 MODESTO CITY COUNCIL RESOLUTION NO RESOLUTION ACCEPTING THE DESTINATION MODESTO REPORT FOR THE FOURTH QUARTER OF FISCAL YEAR WHEREAS, on October 27, 2015, the City Council accepted the Destination Modesto Report- First Quarter Fiscal Year for the convention and tourism activity, WHEREAS, on March 1, 2016, the City Council accepted the Destination Modesto Report-Second Quarter Fiscal Year for the convention and tourism activity as well as activity at the McHenry Mansion, McHenry Museum, all three (3) City owned golf courses and City parks, WHEREAS, on June 7, 2016, the City Council accepted the Destination Modesto Report- Third Quarter Fiscal Year for the convention, tourism, McHenry Mansion, McHenry Museum, all three (3) City owned golf courses and City parks activity, WHEREAS, CEDD staff has prepared the Destination Modesto Report- Fourth Quarter Fiscal Year for the convention, tourism, McHenry Mansion, McHenry Museum, all three (3) City owned golf courses and City parks activity as well as an overview of each previous quarter to show overall data for Fiscal Year , NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby accepts the Destination Modesto Report- Fourth Quarter Fiscal Year /27/2016/CED/LSmith/Item

51 The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 27 th day of September, 2016, by Councilmember Kenoyer, who moved its adoption, which motion being duly seconded by Councilmember Madrigal, was upon roll call carried and the resolution adopted by the following vote: AYES: Councilmembers: Ah You, Grewal, Kenoyer, Madrigal, Ridenour, Zoslocki, Mayor Brandvold NOES: Councilmembers: None ABSENT: Councilmembers: None (SEAL) APPDOWn ACTAEOPM. ADAM U. LINDGREN/City Attorney 09/27/2016/CED/LSmith/Item

52 MODESTO CITY COUNCIL RESOLUTION NO RESOLUTION OF INTENTION TO ANNEX TERRITORY TO CITY OF MODESTO COMMUNITY FACILITIES DISTRICT NO (NORTHPOINTE) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN THE TERRITORY PROPOSED TO BE ANNEXED (ANNEXATION #1) WHEREAS, pursuant to Chapter 3.5 of Part 1 of Division 2 of Title 5 (commencing with Section 53311) of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the Act), proceedings for annexation of additional territory to an existing community facilities district may be instituted by the adoption by the legislative body of a resolution of intention to annex such territory, and WHEREAS, pursuant to the Act, this Council did, by its Resolution No , adopted on, February 26, 2002 (the Resolution of Formation) establish Community Facilities District No (NorthPointe) (the District), and WHEREAS, this Council hereby determines that the pubic convenience and necessity require the annexation, pursuant to Section of the Act, of certain territory to the District, and WHEREAS, the territory to be annexed is within the City limits, NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it finds as follows: The above recitals are true and correct, and The territory is proposed to be annexed to the District (the Annexed Tenitory) under the terms of the Act, and The original boundaries of the District are shown on a map entitled Proposed 09/27/2016/CED/TRocha/Item

53 Boundaries of Community Facilities District No of the City of Modesto, County of Stanislaus, State of California on file with the County Recorder of the County of Stanislaus, at Volume 3 of Maps of Assessment and Community Facilities Districts, at Page 56, and The Annexed Territory is described in Exhibit A to this Resolution, and The boundaries of the Annexed Territory are also shown on the map thereof, entitled Proposed Boundaries of Annexation No. 1 to the City of Modesto Community Facilities District No (NorthPointe), on file in the office of the City Clerk, and hereby approved and adopted. Pursuant to Sections and 3113 of the California Streets and Highways Code, the City Clerk shall endorse her certificate on the original and one copy of the map evidencing the date and adoption of this Resolution, file the original in her office and, not later than fifteen (15) days after the adoption of this Resolution, file a copy of the map with the County Recorder of the County of Stanislaus. The map shall contain the legends provided in Sections 3110 and of the California Streets and Highways Code; including a reference to the title, book, page and recording date of the original boundary map of the District, and The type of services authorized to be provided to the District are set forth in the CFD Report, dated January 2, 2002, a copy of which is attached hereto as Exhibit B. These same types of services will be provided to the Annexed Territory, and The Annual Special Tax component of the special tax to be levied on the Annexed Territory shall be the same as the Maintenance Special Tax currently levied in Zone 1 of the original District, as set forth in the Resolution of Formation. It is the intention of the City Council that in the event all of the subject taxes are not approved by the qualified 09/27/2016/CED/TRocha/Item

54 electors of the Annexed Territory at an election to be held subsequent to the approval of this Resolution of Intention, that then, and in that sole event, the annexation of the Annexed Territory shall be a nullity, and void from the date of the public hearing on this resolution where it is approved, and Pursuant to the CFD Report, the Maximum Annual Special Maintenance Tax shall be adjusted annually. Pursuant to the CFD Report, the Maximum One-Time Facilities Special Tax shall be levied when a separate One-Time Special Tax is approved for property that subsequently annexes into the CFD and all Taxable Property within the CFD shall be subject to an Annual Maintenance Special Tax that will be levied each Fiscal Year to meet the Maintenance Special Tax Requirement. The CFD Report will be amended to reflect, in Fiscal Year dollars, the following maximum tax rates for the Annexed Territory: the Maximum One-Time Facilities Special Tax for the Annexed Territory is $54,218.95, the Maximum Annual Maintenance Special Tax is $26, and the Maximum Sinking Fund portion of the Annual Special Tax is $ Said rates are established in accordance with Section of the Act. In current dollars, the Maximum One-Time Facilities Special Tax for the Annexed Territory is $106,627.14, the Maximum Annual Maintenance Special Tax is $53, and the Maximum Sinking Fund portion of the Annual Special Tax is $ , and A public hearing upon this Resolution shall be held at 5:30 p.m., or as soon thereafter as practicable, on Tuesday, November 1, 2016 in the Tenth Street Place Chambers located at 1010 Tenth Street, Modesto, California, such time being not less than thirty (30) or more than sixty (60) days following the adoption thereof, and 09/27/2016/CED/TRocha/Item

55 At the hearing, any interested persons for or against the annexation of the Annexed Territory to the District, and the levy of the special tax therein, may appear and will be heard and considered. Any protest may be made orally or in writing. However, any protests pertaining to the regularity or sufficiency of the proceedings shall be in writing and clearly set forth the irregularities and defects to which the objection is made. All written protests shall be filed with the City Clerk on or before the time fixed for the public hearing. Written protests may be withdrawn in writing at any time before the conclusion of the hearing, and The City Clerk is directed to publish, not later than seven days prior thereto, a notice of the hearing, in the form required by the Act, in a newspaper of general circulation published in the area of the District, being the Modesto Bee, and otherwise in accordance with Section 6061 of the California Government Code, stating (a) the text or a summary of this Resolution, (b) the time and place of the hearing, and (c) that all interested persons for or against the proposed annexation or the levying of the special tax therein will be heard, and If a majority (but at least six) of the registered voters residing within the District or a majority (but at least six) of the registered voters residing within the Annexed Territory, or the owners of one-half or more of the area of land in the District and not exempt from the special tax, or the owners of one-half or more of the Annexed Territory, file written protests against the proposed annexation of the Annexed Territory to the District, and the protests are not withdrawn so as to reduce the value of the protests to less than a majority, no further proceedings to annex the Annexed Territory, or to levy the District special tax therein, shall be taken for a period of one year from the date of the 09/27/2016/CED/TRocha/Item

56 election of the Council on the issues discussed at the hearing, and At the conclusion of the hearing, if the Council determines to annex the Annexed Territory, it shall then submit the levy of the District special tax to the qualified electors of the Annexed Territory in a special election. If held, the proposed voting procedure at the election is expected to be a landowner vote with each landowner of record as of the close of the Hearing having one vote for each acre of land or portions thereof owned within the Annexed Territory. Ballots for the special election may be distributed by mail or by personal service. The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 27 th day of September, 2016, by Councilmember Kenoyer, who moved its adoption, which motion being duly seconded by Councilmember Ah You, was upon roll call carried and the resolution adopted by the following vote: AYES: Councilmembers: Ah You, Kenoyer, Madrigal, Ridenour, Zoslocki, Mayor Brandvold NOES: Councilmembers: None ABSENT: Councilmembers: Grewal (SEAL) APPROVED AS TO FORM: By. ADAM U. LINDGREN, City Attorney 09/27/2016/CED/TRocha/Item

57 NORTHPOINTE CFD NO PROPOSED BOUNDARIES OF ANNEXATION NO. 1 TO THE CfTY OF MODESTO COMMUNITY FAC/UTIES DISTRICT NO (NORTHPOINTE) CITY OF MODESTO. COUNTY OF STANISLAUS. STATE OF CALIFORNIA M/D LATERAL * 6 NggggjgT S2L7T / 22 0 t ~t = r 4 - N WJ * I i tto CWL jjf ANNEXATION AREA nnmceut OH C7 HBAMXUZ LLLJ 9 r * t V - NW VICINITY MAP APS OT6-OM-Q59 23 FILEDINWEOFFICEOFTHECITYCLERK OF THECITY OFMODESTO SHOWING THIS DAY OF STEPHANIE LOPEZ.CITY CLERK 24 3&U- 6E flevr OE ml BY; PRINT NAME 3 S2 PARCEL 1 4D-PM-44 APS 079-Of4~O ACRES * * B - O K * 27 k v LEGEND APR BOUNDARY OF PROPOSED ANNEXATION TO ccmiumr FAOUTTES DISTRICT ASSESSORS PARCEL NUMBER f HEREBYCERTIFY THAT THISMAP SHOWINGTHEPROPOSED BOUNDARIESOF ANNEXATIONNO.1TO THE CITY OFMODESTO COMMUNfTY FACILITIESDISTRICT NO {NORTHPOINTE), CITYOF MODESTO,COUNTY OF STANISLAUS. STATEOF CALIFORNIA, WAS APPROVED BY THE CITY COUNCIL OF THE CfTY OF MODESTOAT A REGULAR MEETINGTHEREOF, HELO ONTHE OAY OF, 2016.BY ITS RESOLUTION NO.. STEPHANIE LOPEZ.CITYCLERK BY: i I AFN Om - OM -CS4 RRiNT NAME 2$ FILED THIS.O'CLOCK. DAY OF. MIN BOOK. AND COMMUNITY FACILITIESDISTRICTS AT PAGE(S) AT THE HOUR OF OF MAPS OF ASSESSMENT IN THE OFFICE OF THE COUNTY RECORDER OF THECOUNTY OFSTANISTAUS, STATE OF CALIFORNIA- s a LEEUINDGREN,COUNTY RECORDER OF THE COUNTY OF STANISLAUS. STATE OF CALIFORNIA!8 SSOW39 W 521.2B PELANDALE AVE. / 29 By - PRINT NAME me i MVE I n c. H1TL SiMt, ON W3MIeoa.«a.42l41 wwjmn«t or Northern Cafifarri«ISoiiJwn SHOT I S : 2

58 EXHIBIT B CITY OF MODESTO NORTHPOINTE COMMUNITY FACILITIES DISTRICT NO RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX A special tax applicable to each Assessor s Parcel in NorthPointe Community Facilities District No (herein CFD No ) shall be levied and collected according to the tax liability determined by the City Council of the City of Modesto, through the application of the appropriate amount or rate for Taxable Property, as described below. All of the property in CFD No , unless exempted by law or by the provisions of Section E below, shall be taxed for the purposes, to the extent, and in the manner herein provided, including property subsequently annexed to CFD No unless a separate Rate and Method of Apportionment of Special Tax is adopted for the annexation area. A. DEFINITIONS The terms hereinafter set forth have the following meanings: Acre or Acreage means the land area of an Assessor s Parcel as shown on an Assessor s Parcel Map, or if the land area is not shown on an Assessor s Parcel Map, the land area shown on the applicable final subdivision map or other parcel map recorded at the Stanislaus County Recorder s Office. Annual Special Tax means a special tax levied in any Fiscal Year to pay the Maintenance Special Tax Requirement. Assessor s Parcel means a lot or parcel shown on an Assessor s Parcel Map with an assigned Assessor s Parcel number. Assessor s Parcel Map means an official map of the County Assessor of the County of Stanislaus designating parcels by Assessor s Parcel number. City means the City of Modesto. City Council means the City Council of the City of Modesto, acting as the legislative body of CFD No Developed Property means, in any Fiscal Year, that a building permit for new construction was issued on or prior to June 30 of the preceding Fiscal Year. NorthPointe CFD No January 2, 2002

59 District Administrator means the individual(s) designated by the City Council to administer the CFD in accordance with the authority and powers granted by the City Council to said individual(s). Fiscal Year means the period starting July 1 and ending on the following June 30. Maintenance Special Tax Requirement means the amount necessary in any Fiscal Year to (i) pay authorized maintenance expenses, (ii) create a sinking fond for replacement of facilities, (iii) pay administrative expenses of CFD No , (iv) cure any delinquencies in the payment of Annual Special Taxes levied in prior Fiscal Years or (based on delinquencies in the payment of Annual Special Taxes which have already taken place) are expected to occur in the Fiscal Year in which the tax will be collected, and (v) maintain a reasonable reserve, as determined by the District Administrator, for unforeseen expenses, cost overruns, etc. Maximum Special Tax means the maximum Annual Special Tax and the maximum One-Time Special Tax, determined in accordance with Section C below that can be levied on Taxable Property in any Fiscal Year. One -Time Special Tax means the special tax set forth in Section C below that will be levied once on all Parcels in the CFD, with the exception of Parcels within Zone 2. Public Agency means the federal government, State of California or other local governments or public agencies. Taxable Property means all of the Assessor s Parcels within the boundaries of CFD No which are not exempt from the One-Time Special Tax and Annual Special Tax pursuant to law or Section E below. Zone 1 means all Parcels within CFD No that are not included within Zone 2, as defined below. Zone 2 means all property included within the geographic area identified by Assessor s Parcel number in Fiscal Year B. STATUS OF DEVELOPMENT IN ZONE 2 On or about July 1 of each Fiscal Year, the District Administrator shall determine whether any property within Zone 2 has become Developed Property. To the extent the original Assessor s Parcel included within Zone 2 has been subdivided, all of the subsequent Parcels shall be considered Developed Property if a building permit has been issued for any Parcel within Zone 2. NorthPointe CFD No Januaiy 2, 2002

60 C. MAXIMUM SPECIAL TAX 1. One-Time Special Tax The maximum One-Time Special Tax that can be levied on Parcels of Taxable Property within Zone 1 is $3,859 per Acre. After the One-Time Special Tax has been levied on and collected from all Parcels within Zone 1, no additional One- Time Special Tax shall be levied within the CFD unless a separate One-Time Special Tax is approved for property that subsequently annexes into the CFD. No One-Time Special Tax shall be levied on property within Zone Annual Special Tax Ultimately, all Taxable Property within the CFD shall be subject to an Annual Special Tax that will be levied each Fiscal Year to meet the Maintenance Special Tax Requirement. Until Zone 2 becomes Developed Property, no Annual Special Tax shall be levied on any property within Zone 2. Once Zone 2 becomes Developed Property, all Parcels of Taxable Property within Zone 2 shall be subject to the Annual Special Tax levy in the then current and all future Fiscal Years. The following maximum rates apply to all Parcels of Taxable Property within CFD No for each Fiscal Year in which the Annual Special Tax will be levied. The appropriate Maximum Special Tax will be applied depending on whether property within Zone 2 has become Developed Property: TABLE 1 Maximum Annual Special Tax Fiscal Year Maximum Maximum Maintenance Sinking Fund Total Maximum Portion of Annual Portion of Annual Status of Development Special Tax Annua) Special Special Tax in Zone 2 (fy } Tax (fy } Zone 2 is not $1,879 per Acre $126 per Acre $2,005 per Acre Developed Property Zone 2 is $1,193 per Acre $80 per Acre $1,273 per Acre Developed Property NorthPointe CFD No January 2, 2002

61 Property Annexed to Zone 1 TABLE 2 Per Acre Special Taxes- Zone 1 Annexations Fiscal Year Maximum One- Time Special Tax Maximum Maintenance Portion of Annual Special Tax (fy ) Maximum Sinking Fund Portion of Annual Special Tax Total Maximum Annual Special Tax (fy ) APN $3,859 per Acre $1,879 per Acre $126 per Acre $2,005 per Acre Beginning in January 2002, the maintenance portion of the maximum Annual Special Tax shall be adjusted annually by applying the greater of (i) the percentage increase, if any, in the construction cost index for the San Francisco region for the prior twelve (12) month period as published in the Engineering News Record or other comparable source if the Engineering News Record is discontinued or otherwise not available, or (ii) four percent (4.0%). Each annual adjustment of the maintenance portion of the maximum Annual Special Tax shall become effective on the subsequent July 1. The sinking fund portion of the maximum Annual Special Tax shall not escalate. D. METHOD OF LEVY AND COLLECTION OF THE SPECIAL TAX 1, One-Time Special Tax The One-Time Special Tax shall be levied by the District Administrator through a direct billing or on the County tax roll. If levied through a direct billing, the District Administrator shall identify a date by which the One-Time Special Tax is due, and the One-Time Special Tax shall be immediately delinquent if not paid by such date. 2. Annual Special Tax Each Fiscal Year, the District Administrator shall determine the Maintenance Special Tax Requirement for that Fiscal Year. The Annual Special Tax shall then be levied on all Parcels of Taxable Property as follows: Step 1: Calculate the total Annual Special Tax revenues that could be collected from Taxable Property within the CFD based on application of the maximum Annual Special Tax rates determined pursuant to Section C above. NorthPointe CFD No January 2, 2002

62 Step 2: Divide the Maintenance Special Tax Requirement by the maximum revenues that could be collected as determined in Step 1. Step 3: Step 4: If the ratio determined in Step 2 is greater than or equal to 1, levy the Maximum Annual Special Tax determined pursuant to Section C on all Taxable Property in the CFD. If the ratio determined in Step 2 is less than 1, continue to Step 4. Levy the Annual Special Tax against all Parcels of Taxable Property in equal percentages up to 100% of the maximum Annual Special Tax determined pursuant to Section C above. The Annual Special Tax for CFD No shall be collected in the same manner and at the same time as ordinary ad valorem property taxes provided, however, that CFD No may (under the authority of Government Code Section 53340) in any particular case bill the taxes directly to the property owner off the County tax roll, and the Annual Special Tax will be equally subject to foreclosure if delinquent. E. LIMITATIONS Notwithstanding any other provision of this Rate and Method of Apportionment of Special Tax, no One-Time Special Tax or Annual Special Tax shall be levied on land that has been conveyed to a Public Agency, except as otherwise provided in Sections and of the Mello-Roos Community Facilities Act of In addition, no One- Time Special Tax shall be levied in any Fiscal Year on Parcels in Zone 2, and no Annual Special Tax shall be levied on Parcels in Zone 2 until at least one Parcel within Zone 2 becomes Developed Property. F. ENFORCEMENT All delinquent One-Time Special Taxes, or delinquent Annual Special Taxes billed off the County tax roll, shall be subject to an immediate 10% penalty plus interest charges of 1Vi% as of the first day of the month after the delinquency date and on the first day of each month thereafter. Any such delinquent special taxes shall, at the City s discretion, be placed on the next secured property tax roll. The amount placed on the roll shall include the 10% penalty and the interest charges through the following December 1. This shall not prevent the City from simultaneously pursuing the delinquency by an action on a contract or guarantee against a third party who promised to pay the taxes, or from assigning such right of action to the property owner or other appropriate party. NorthPointe CFD No January 2, 2002

63 MODESTO CITY COUNCIL RESOLUTION NO RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF MODESTO AND OFFICER MARK ULRICH FOR THE PURCHASE OF RETIRED CITY OF MODESTO POLICE CANINE, STRYKER; AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE THE AGREEMENT WHEREAS, the Police Chief for the City of Modesto, from time to time, officially retires police canines from departmental service, and WHEREAS, City of Modesto police canine handler, Officer Ulrich, wishes to purchase and assume possession of his assigned canine, Stryker, upon the dog s official retirement, and WHEREAS, it is necessary to adopt a resolution authorizing the purchase of a City of Modesto police canine by its assigned handler, NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the agreement between the City of Modesto and Officer Ulrich for the purchase of retired police canine, Stryker. BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to execute the Agreement. 09/27/2016/MPD/GCarroll/Item II

64 The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 27 th day of September, 2016, by Councilmember Kenoyer, who moved its adoption, which motion being duly seconded by Councilmember Madrigal, was upon roll call carried and the resolution adopted by the following vote: AYES: Councilmembers: Ah You, Grewal, Kenoyer, Madrigal, Ridenour, Zoslocki, Mayor Brandvold NOES: Councilmembers: None ABSENT: Councilmembers: None (SEAL) APPROVED AS TO FORM: ADAM U. LINDGREN, Cgjf Attorney 09,27/2016/MPD/GCarroll/Item

65 RESCINDED JOH " /3 JAN MODESTO CITY COUNCIL RESOLUTION NO RESOLUTION AP PROVING THE QUARTERLY FUEL ADJUSTMENTS AND RS'CS NRDE ^W^0Nt < 1 THEMAXIMUM CHARGES FOR THE GARBAGE CITY COUNqg-KiemMnBNRATI SCHEDULE FOR CITY RESIDENTIAL, COMMERCIAL,?UVD INPUSTRMLSOLID WASTE COLLECTION SERVICES, TO BECOME EFFECTIVE OCTOBER 1, 2016, AND APPROVING ADJUSTMENTS/CORRECTIONS TO THE MAXIMUM RATE SCHEDULE, DATED JULY 1, 2016, WITH CERTAIN RATES TO BECOME EFFECTIVE RETROACTIVE TO JULY 1, 2016, AND RESCINDING RESOLUTION NO WHEREAS, with the adoption of Ordinance No C.S. in November of 1997, the City no longer sets rates for the collection of garbage in Modesto, and instead performs a comprehensive review of cost information submitted by the contract garbage haulers, and WHEREAS, the City sets the maximum rate that the haulers may charge for the various types of services provided under the contracts based on cost data provided by the lowest cost hauler, and WHEREAS, Section f (2) of the City s Sendee Agreements with its solid waste collectors requires that when the City makes adjustments to the collection services provided under the Agreements, any additional costs should be covered by adjustments to the maximum rates, and WHEREAS, in addition, maximum rates for solid waste collection services are reviewed annually as requested by the City s garbage collection companies, and WHEREAS, the City conducted an analysis using the audited financial statements provided by the garbage haulers, supplemental data provided by the garbage haulers, and fuel price information and forecast prices developed by the United States Department of Energy, and 09/27/20IS/PW/JCRodriguerltem

66 WHEREAS, new maximum rates were calculated, and a recommendation for a new maximum rate schedule was developed, which included a recommendation that quarterly adjustments to the fuel component of the maximum rates he made, and WHEREAS, staff has made adjustments related to the fuel component of the maximum rates and has incorporated the fuel component adjustments into the schedule of the Maximum Charges for Garbage Service attached hereto, marked Attachment A, October 1, 2016, and incorporated herein by reference, and WHEREAS, on July 12, 2016 by Resolution No , the City Council approved the schedule for Maximum Charges for Garbage Service, effective July 1, 2016, and WHEREAS, the Maximum Charges for Garbage Service marked dated July 1, 2016, contained the following inadvertent typographical administrative errors: the Standard Container Service maximum rate being shown as $30.59 instead of $30.56, the Extra Pickup for Standard Containers or Equivalent being shown as $3.50 plus $1.38/container instead of $3.50 plus $2.30/container, the Extra Pickup for Detachable Containers being shown as $12.00 plus $2.75/cubic yard instead of $12.00 plus $4.15/cubic yard, and under Notations the AB939 Green Waste Diversion Fee for commercial bin and front-loader compactor maximum rates being shown as $14.00 per yard/month instead of $7.79 per yard/month, and WHEREAS, staff recommends an adjustment to the maximum rate to correct the $30.59 error back to $ The attached Maximum Charges for Garbage Service corrects the $.03 and overcharge by reducing the maximum garbage rate the $.03 and also an additional $.01 until the next rate adjustment (at least 9 months). This will correct the administrative error and account for the overcharge. The new maximum rate 09/27/2016/PW/KRodriguez/Item

67 is proposed to take effect on October 1, 2016, and WHEREAS, the Extra Pickup for Standard Containers, Detachable Containers and the AB939 Green Waste Diversion Fee is also corrected in the attached Maximum Charges for Garbage Service and is recommended to become effective retroactive to July 1, 2016, and WHEREAS, this action is to adjust maximum rates for existing services and therefore does not require environmental review, and WHEREAS, it was found and determined by the Council of the City of Modesto that the existing schedules of rates and charges for garbage service in the City of Modesto should be revised as recommended and that quarterly adjustments to the fuel component of the maximum rates should be made, and WHEREAS, staff has made the necessary adjustments related to the fuel component of the maximum rates and has incorporated the fuel component adjustment into the schedule of Maximum Charges for Garbage Service attached hereto, marked Attachment A, October 1, 2016 and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Modesto that it hereby approves the attached quarterly fuel adjustments and correction to the Maximum Charges for Garbage Service rate schedule marked in Attachment A, October 1, 2016, for City residential, commercial, and industrial solid waste collection services, to become effective October 1, BE IT FURTHER RESOLVED, that the adjustments to the Maximum Rate Schedule for Garbage Services for Extra Pickups for Standard Containers or Equivalents and Detachable Containers and AB 939 Green Waste Diversion Fees are approved as described in the above recitals and accompanying Agenda Report, and as shown in 09/27/2016/PW/KRodjiguez/Item

68 Attachment A, These adjustments shall become effective retroactive to July 1, 2016 and shall remain in effect until rescinded. BE IT FURTHER RESOLVED, that the Maximum Charges for Garbage Service attached as Attachment A to this Resolution, dated October 1, 2016, shall replace Attachment A of Resolution No in its entirety and shall be effective October 1, 2016, and shall remain in effect until revised or rescinded by Council. BE IT FURTHER RESOLVED, that this Resolution incorporates the above recitals and this Resolution s Agenda Report as findings. BE IT FURTHER RESOLVED, said Maximum Charges for Garbage Service shall include all other services as stipulated in the Service Agreements. BE IT FURTHER RESOLVED that Resolution No is hereby rescinded effective October 1, /27/2016/PW/KRodriguez/Stem

69 The foregoing resolution was introduced at a regular meeting of the Council of the City of Modesto held on the 27 th day of September, 2016, by Councilmember Kenoyer, who moved its adoption, which motion being duly seconded by Councilmember Madrigal, was upon roll call carried and the resolution adopted by the following vote: AYES: Councilmembers: Ah You, Grewal, Kenoyer, Madrigal, Ridenour, Zoslocki, Mayor Brandvold NOES; Councilmembers: None ABSENT: Councilmembers: None ATTEST: STEPHANIE LOPEZ, City Cleric / (SEAL) APPROVED AS TO FORM: By: v ^ ADAM U. LINDGREN, City^ttomey 09/27/2016/PW/KRodiiguez/Item i

70 ATTACHMENT A October 1, 2016 MAXIMUM CHARGES FOR GARBAGE SERVICE STANDARD CONTAINERS Maximum Monthly Rates (Once a Week Pickup Service) Standard container service maximum rates shall include the following: One 96-gallon container for garbage and one 96-gallon container for organics recycling Two bulky item collections per year by appointment Maintenance of City trees, including collection & composting of Green Waste/Forestry materials Removal of illegally dumped items in streets and alleys Drop off program for Household Hazardous Waste at the HHW Facility Standard container service customers may opt for smaller containers; however, maximum rates apply. Containers must be placed in a location set forth in Section of the Municipal Code. 1, Standard container service a. The maximum rate for new sign-ups for service or changes in service that occur after October 1, 1996, shall be $30.47 per month regardless of size of container. A fuel component of $.84 per month is included in the maximum rate for April 2016 through June The fuel component may be adjusted quarterly as needed. b. The maximum rate for each additional garbage container shall be $21.44 per month, and $10.27 per month for each additional organics recycling container aaHon container service fgrandfathered customers) a. The maximum rate for customers with 60-gallon containers who subscribed to service at an address prior to July 1, 1996 and who have not changed their service address shall be $24.06 per month. A fuel component of $.84 per month is included in the maximum rate for April 2016 through June The fuel component may be adjusted quarterly as needed b. The maximum rate for each additional 60-gallon garbage container shall be $20.90 per month. 9/28/16-1-

71 3. Fuel Component adjustments - The fuel component will be analyzed quarterly and adjustments shall be made as needed. The adjustment shall be based on the average price of fuel for a preceding quarter as follows: July 1/January-March; October 1/April-June; January 1/July-September; April 1/October-December. Average prices shall be determined based on published prices for California from the Department of Energy, Energy Information Agency. DETACHABLE CONTAINERS Maximum Monthly Rates Regular Container Maximum Rates 1 Container NUMBER OF COLLECTIONS PER WEEK Size ICY $39.24 $78.48 $ $ $ $ CY $78.48 $ $ $ $ $ CY $ $ $ $ $ $ CY $ $ $ $ $ $ CY $ $ $ $ $ $1, CY $ $ $ $ $1, $1, Organic Recycling Participants signed prior to 2016 Container Maximum Rates Container NUMBER OF COLLECTIONS PER WEEK Size CY $58.86 $ $ $ $ $ CY $88.29 $ $ $ $ $ CY $ $ $ $ $ $ CY $ $ $ $ $ $ CY $ $ $ $ $ $1, gal!on $22.85 $45.70 $68.55 $91.40 $ $ Weekly rental/detachable Containers - Shall not exceed the rate for 1 pick-up per week for each size container. 2. Fuel Component - A fuel component of $.73 per cubic yard per month per pick-up is included in the maximum rate for April 2016 through June The fuel component shall be analyzed quarterly and adjustments shall be made as necessary. The adjustment shall be based on the average price of fuel for a preceding quarter as follows: July 1/January-March; October/April-June; January 1/July-September; April 1/October-December. Average prices shall be 9/28/16-2-