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MINUTES
City of Modesto
CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Wednesday August 06, 2008, at 5:30 p.m.
Roll Call – Present: Councilmembers Hawn, Lopez, Marsh,
O’Bryant, Olsen,
Mayor Ridenour
Absent: Keating
Pledge of Allegiance to the Flag
Invocation: Wayne Bridegroom, Central Baptist Church
City Clerk’s Announcements – Item 30 – removed from
Consent
Item 31 – to be heard before Consent
Item 32 – continued to August 12, 2008 Council meeting
Item 38 – resolved
Declaration of Conflicts of Interest - None
Reports from Closed Session – No reportable action.
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Consider approving the purchase of retired City of
Modesto Police Canine by the assigned handler, Officer Gonzalez. (Funding
Source: General Fund Revenue)
Police; Ron Cloward, 572-9664, clowardr@modestopd.com
• Resolution approving an agreement for the purchase of retired City of
Modesto Police canine by its handler, Officer Gonzalez, for one dollar
($1.00), and authorizing the City Manager, or his designee, to execute the
agreement with the officer for purchase of his police canine recommended.
ACTION: Resolution 2008-419 (Hawn/Marsh;unan Keating absent)
approving an agreement for the purchase of retired City of Modesto Police
canine by its handler, Officer Gonzalez, for one dollar ($1.00), and
authorizing the City Manager, or his designee, to execute the agreement with
the officer for purchase of his police canine.
2. Consider a request from the League of California Cities
to adopt a Resolution opposing fiscally irresponsible State Budget decisions
that would "borrow" Local Government and Transportation funds. (Funding
Source: Not applicable)
City Manager; Kathy Espinoza, 571-5597, kespinoza@modestogov.com
• Resolution opposing fiscally irresponsible State Budget decisions that
would "borrow" Local Government and Transportation funds recommended.
ACTION: Resolution 2008-420 (Olsen/Marsh;unan
Keating absent) opposing fiscally irresponsible State Budget decisions that
would "borrow" Local Government and Transportation funds (with additional
paragraph to be inserted between Paragraphs 2 and 3 regarding the State’s
severe fiscal crisis).
PUBLIC COMMENT PERIOD
None.
CONSENT ITEMS – ROLL CALL VOTE REQUIRED: Items 3
through 30
ACTION CONSENT ITEMS 3-29: (Hawn/Lopez;unan Keating,
Ridenour absent)
ACTION ITEM 30: (Hawn/Lopez;majority;O’Bryant no,
Keating, Ridenour absent)
Mayor Ridenour left meeting at 6:00 p.m
CONSENT ITEMS
An item may be removed from consent and
discussed at the request of an audience member or Councilmember.
Consent
3. Consider approving the minutes of the regular City Council meeting of
July 8, 2008. (Funding Source: Not applicable)
City Clerk; Stephanie Lopez, 577-5396, slopez@modestogov.com
• Motion approving recommended.
ACTION: By Motion (Hawn/Lopez;unan Keating,
Ridenour absent) approving the minutes of the regular City Council meeting
of July 8, 2008.
Consent
4. Consider accepting the public improvements for the Scenic Bend Estates
Subdivision, authorizing the City Clerk to file a Notice of Completion, and
to release securities upon expiration of statutory periods. (Funding Source:
Not Applicable)
Community & Economic Development; Miguel Alvarez, 577-5348, malvarez@modestogov.com
• Resolution authorizing the acceptance of the public improvements for the
Scenic Bend Estates Subdivision, authorizing the City Clerk to file a Notice
of Completion and to release securities upon expiration of statutory periods
recommended.
ACTION: Resolution 2008-421 (Hawn/Lopez;unan
Keating, Ridenour absent) authorizing the acceptance of the public
improvements for the Scenic Bend Estates Subdivision, authorizing the City
Clerk to file a Notice of Completion, and to release securities upon
expiration of statutory periods.
Consent
5. Consider authorizing the City Clerk to release the Subdivision Warranty
Bond to William Lyon Homes, Inc. for the Falling Leaf Subdivision,
conditioned upon receipt of acceptable Warranty Securities from Bonaventure
Fund I LLC and to release securities upon expiration of statutory period.
(Funding Source: Not applicable)
Community & Economic Development; Jennifer Pratt, 577-5259, jpratt@modestogov.com
• Resolution authorizing the City Clerk to release the Subdivision Warranty
Bond to William Lyon Homes, Inc. for the Falling Leaf Subdivision,
conditioned upon receipt of acceptable Warranty Securities from Bonaventure
Fund I LLC and to release securities upon expiration of statutory period
recommended.
ACTION: Resolution 2008-422 (Hawn/Lopez;unan
Keating, Ridenour absent) authorizing the City Clerk to release the
Subdivision Warranty Bond to William Lyon Homes, Inc. for the Falling Leaf
Subdivision, conditioned upon receipt of acceptable Warranty Securities from
Bonaventure Fund I LLC and to release securities upon expiration of
statutory period.
Consent
6. Consider summarily vacating (or abandoning) the alley right-of-way
between Kansas Avenue and Needham, from Franklin Street to Madison Street in
the City of Modesto. (Funding Source: Not Applicable)
Community & Economic Development; Dan England, 571-5589, dengland@modestogov.com
• Resolution authorizing to consider summarily vacating (or abandoning) the
alley right-of-way between Kansas Avenue and Needham, from Franklin Street
to Madison Street in the City of Modesto recommended.
ACTION: Resolution 2008-423 (Hawn/Lopez;unan
Keating, Ridenour absent) authorizing to consider summarily vacating (or
abandoning) the alley right-of-way between Kansas Avenue and Needham, from
Franklin Street to Madison Street in the City of Modesto.
Consent
7. Consider accepting the Monthly Investment Report for May 2008. (Funding
Source: Not Applicable)
Finance; Wayne Padilla, 577-5369, wpadilla@modestogov.com
• Motion acknowledging receipt and accepting the Monthly Investment Report
for May 2008 recommended.
ACTION: By Motion (Hawn/Lopez;unan Keating,
Ridenour absent) acknowledging receipt and accepting the Monthly Investment
Report for May 2008.
Consent
8. Consider authorizing the award of bid and contract for the printing of
monthly utility bill inserts for the Public Works Department, to Sierra
Pacific Lithographics, West Sacramento, CA, and authorizing the Purchasing
Manager to issue an annual purchase agreement for a period of two (2) years,
with three (3) one-year extension options at the sole discretion of the
City, for an estimated annual total cost of $25,981. (Funding Source: Water
Services, Wastewater Services, Storm Drain and City Manager)
Finance; Ken Masasso, 577-5420, kmasasso@modestogov.com
• Resolution authorizing the award of bid and contract for the printing of
monthly utility bill inserts for the Public Works Department, to Sierra
Pacific Lithographics, West Sacramento, CA, and authorizing the Purchasing
Manager to issue an annual purchase agreement for a period of two (2) years,
with three (3) one-year extension options at the sole discretion of the
City, for an estimated annual total cost of $25,981 recommended.
ACTION: Resolution 2008-424 (Hawn/Lopez;unan
Keating, Ridenour absent) authorizing the award of bid and contract for the
printing of monthly utility bill inserts for the Public Works Department, to
Sierra Pacific Lithographics, West Sacramento, CA, and authorizing the
Purchasing Manager to issue an annual purchase agreement for a period of two
(2) years, with three (3) one-year extension options at the sole discretion
of the City, for an estimated annual total cost of $25,981.
Consent
9. Consider authorizing the issuance and the award of an informal Request
for Bids for gym services for a three (3) year agreement, for an estimated
annual cost of $12,000. (Funding Source: FY 08-09 Budget)
Fire; Lori Martinez, 572-9590, lmartinez@modestogov.com
• Resolution authorizing the issuance and the award of an informal Request
for Bids for gym services for a three (3) year agreement, for an estimated
annual cost of $12,000 recommended.
ACTION: Resolution 2008-425 (Hawn/Lopez;unan
Keating, Ridenour absent) authorizing the issuance and the award of an
informal Request for Bids for gym services for a three (3) year agreement,
for an estimated annual cost of $12,000.
Consent
10. Consider authorizing the issuance of formal Request for Bids (RFB) for
apparatus bay door repair and maintenance services for a two (2) year
agreement with three (3) one-year extension options at the sole discretion
of the City, for an estimated annual cost of $25,000 and a one time cost of
up to $150,000 in the first year. (Funding Source: General Fund)
Fire; Lori Martinez, 572-9590, lmartinez@modestogov.com
• Resolution authorizing the issuance of formal Request for Bids (RFB) for
apparatus bay door repair and maintenance services for a two (2) year
agreement with three (3) one-year extension options at the sole discretion
of the City, for an estimated annual cost of $25,000 and a one time cost of
up to $150,000 in the first year recommended.
ACTION: Resolution 2008-426 (Hawn/Lopez;unan
Keating, Ridenour absent) authorizing the issuance of formal Request for
Bids (RFB) for apparatus bay door repair and maintenance services for a two
(2) year agreement with three (3) one-year extension options at the sole
discretion of the City, for an estimated annual cost of $25,000 and a one
time cost of up to $150,000 in the first year.
Consent
11. Consider authorizing the sale of surplus personal protection equipment
from the Modesto Fire Department to the Yosemite Community College District,
Regional Fire Training Center and authorizing the donation of surplus
personal protective equipment from the Modesto Fire Department to various
organizations in need. (Funding Source: Not Applicable)
Fire; Lori Martinez, 572-9590, lmartinez@modestogov.com
• Resolution authorizing the donation of surplus personal protective
equipment from the Modesto Fire Department to various organizations in need
recommended.
• Resolution authorizing the sale of surplus personal protection equipment
from the Modesto Fire Department to the Yosemite Community College District,
Regional Fire Training Center recommended.
ACTION: Resolution 2008-427 (Hawn/Lopez;unan
Keating, Ridenour absent) authorizing the donation of surplus personal
protective equipment from the Modesto Fire Department to various
organizations in need.
ACTION: Resolution 2008-428 (Hawn/Lopez;unan
Keating, Ridenour absent) authorizing the sale of surplus personal
protection equipment from the Modesto Fire Department to the Yosemite
Community College District, Regional Fire Training Center.
Consent
12. Consider authorizing the Purchasing Manager to conduct a sole source
acquisition with (i) HTEVAR to purchase an IBM Power6 Model M25 server and
provide migration and training services/supplies for the existing Sungard
HTE Utility Billing Miscellaneous Receivables System for an estimated total
cost of $112,010.00 and (ii) Sungard HTE to purchase the Naviline web
upgrade, migration and training services for Sungard HTE Utility Billing
Miscellaneous Receivables System for an estimated total cost of $85,000.00.
(Funding Source: Water and Wastewater Funds)
Information Technology; Gary Cook, 577-5229, gcook@modestogov.com
• Resolution authorizing the Purchasing Manager to conduct a sole source
acquisition with HTEVAR to purchase an IBM Power6 Model M25 server and
provide migration and training services/supplies for the existing Sungard
HTE Utility Billing Miscellaneous Receivables System for an estimated total
cost of $112,010.00 recommended.
• Resolution authorizing the Purchasing Manager to conduct a sole source
acquisition with Sungard HTE to purchase the Naviline web upgrade, migration
and training services for Sungard HTE Utility Billing Miscellaneous
Receivables System for an estimated total cost of $85,000.00 recommended.
• Resolution to amend the Fiscal Year 08-09 operating budget to transfer
$98,505.00 from 6100-800-80000-8003 Water Fund Reserves and transfer
$98,505.00 from 6210-800-8000-8003 Wastewater Fund Reserve to the
Information Technology Fund Reserves for the sole source purchases of the
Utility Billing Miscellaneous Receivables System IBM Power6 M25 server and
Naviline web upgrade recommended.
ACTION: Resolution 2008-429 (Hawn/Lopez;unan
Keating, Ridenour absent) authorizing the Purchasing Manager to conduct a
sole source acquisition with HTEVAR to purchase an IBM Power6 Model M25
server and provide migration and training services/supplies for the existing
Sungard HTE Utility Billing Miscellaneous Receivables System for an
estimated total cost of $112,010.00.
ACTION: Resolution 2008-430 (Hawn/Lopez;unan
Keating, Ridenour absent) authorizing the Purchasing Manager to conduct a
sole source acquisition with Sungard HTE to purchase the Naviline web
upgrade, migration and training services for Sungard HTE Utility Billing
Miscellaneous Receivables System for an estimated total cost of $85,000.00.
ACTION: Resolution 2008-431 (Hawn/Lopez;unan
Keating, Ridenour absent) to amend the Fiscal Year 08-09 operating budget to
transfer $98,505.00 from 6100-800-80000-8003 Water Fund Reserves and
transfer $98,505.00 from 6210-800-8000-8003 Wastewater Fund Reserve to the
Information Technology Fund Reserves for the sole source purchases of the
Utility Billing Miscellaneous Receivables System IBM Power6 M25 server and
Naviline web upgrade.
Consent
13. Consider amending Resolution 2006-145 to add taxes in an amount of
$12,000 to recurring cost of $160,000 for a total not to exceed $172,000 for
term of 5 years and authorizing the Purchasing Manager to issue a purchase
order to Dell Corporation under the State of California, Department of
General Services and the Western States Contracting Alliance (WSCA) for a
Microsoft Enterprise Agreement (EA) True Up in an amount not to exceed
$62,000 (Funding Source: Information Technology Replacement Fund)
Information Technology; Gary Cook, 577-5229, gcook@modestogov.com
• Resolution amending Resolution 2006-145 to add taxes in an amount of
$12,000 to the recurring costs of $160,000 for a total cost not to exceed
$172,000 per year for a term of 5 years recommended.
• Resolution authorizing the Purchasing Manager to issue a purchase order to
Dell Corporation under the State of California, Department of General
Services and the Western States Contracting Alliance (WSCA) for a Microsoft
Enterprise Agreement (EA) True Up in the amount not to exceed $62,000
recommended.
ACTION: Resolution 2008-432 (Hawn/Lopez;unan
Keating, Ridenour absent) amending Resolution 2006-145 to add taxes in an
amount of $12,000 to the recurring costs of $160,000 for a total cost not to
exceed $172,000 per year for a term of 5 years.
ACTION: Resolution 2008-433 (Hawn/Lopez;unan
Keating, Ridenour absent) authorizing the Purchasing Manager to issue a
purchase order to Dell Corporation under the State of California, Department
of General Services and the Western States Contracting Alliance (WSCA) for a
Microsoft Enterprise Agreement (EA) True Up in the amount not to exceed
$62,000.
Consent
14. Consider approving an additional (60) day extension to the six-month
provisional appointment of Jeanette Maurer as Administrative Analyst
I/Technology Solutions Analyst. (Funding Source: Information Technology
Salaries)
Information Technology; Gary Cook, 577-5229, gcook@modestogov.com
• Resolution approving an additional sixty (60) day extension to a six-month
provisional appointment for Jeanette Maurer as Administrative
Analyst/Technology Solutions Analyst recommended.
ACTION: Resolution 2008-434 (Hawn/Lopez;unan
Keating, Ridenour absent) approving an additional sixty (60) day extension
to a six-month provisional appointment for Jeanette Maurer as Administrative
Analyst/Technology Solutions Analyst.
Consent
15. Consider approving the FY 2008-2009 budget for the Stanislaus Resource
Recovery (Waste-to-Energy) Facility, as amended. (Funding Source:
Waste-to-Energy Fund)
Parks, Recreation and Neighborhoods; Jocelyn Reed, 577-5492, jreed@modestogov.com
• Resolution approving the FY 2008-2009 budget for the Stanislaus Resource
Recovery (Waste-to-Energy) Facility, as amended, recommended.
ACTION: Resolution 2008-435 (Hawn/Lopez;unan
Keating, Ridenour absent) approving the FY 2008-2009 budget for the
Stanislaus Resource Recovery (Waste-to-Energy) Facility, as amended.
Consent
16. Consider approving an agreement with Stanislaus County Probation for
High Risk Offender/Juvenile Warrant Enforcement Program. (Funding Source:
General Fund )
Police; Joel Broumas, 572-9821, broumasj@modestopd.com
• Resolution approving an agreement with the Stanislaus County Probation
Department in the amount of $91,670.00 for one (1) police officer to provide
High-Risk Offender/Juvenile Warrant Enforcement Program for fiscal year
2008/09, and authorizing the City Manager to execute the agreement
recommended.
• Resolution amending the fiscal year 2008/09 operating budget by
appropriating $16,594.00 from the General Fund reserve to fully cover the
cost of this program recommended.
ACTION: Resolution 2008-436 (Hawn/Lopez;unan
Keating, Ridenour absent) approving an agreement with the Stanislaus County
Probation Department in the amount of $91,670.00 for one (1) police officer
to provide High-Risk Offender/Juvenile Warrant Enforcement Program for
fiscal year 2008/09, and authorizing the City Manager to execute the
agreement.
ACTION: Resolution 2008-437 (Hawn/Lopez;unan
Keating, Ridenour absent) amending the fiscal year 2008/09 operating budget
by appropriating $16,594.00 from the General Fund reserve to fully cover the
cost of this program.
Consent
17. Consider approving a Joint Powers Agreement with Stanislaus Drug
Enforcement Agency. (Funding Source: General Fund )
Police; Dave Sundy, 558-6300, sundyd@modestopd.com
• Resolution approving a Joint Powers Agreement with Stanislaus Drug
Enforcement Agency for $786,690 to provide a coordinated multi-agency
specially trained police unit to assist each of the parties to enforce drug
laws and narcotics enforcement, and authorizing the City Manager to execute
the agreement, which will replace the Joint Powers Agreement dated December
14, 1999 recommended.
ACTION: Resolution 2008-438 (Hawn/Lopez;unan
Keating, Ridenour absent) approving a Joint Powers Agreement with Stanislaus
Drug Enforcement Agency for $786,690 to provide a coordinated multi-agency
specially trained police unit to assist each of the parties to enforce drug
laws and narcotics enforcement, and authorizing the City Manager to execute
the agreement, which will replace the Joint Powers Agreement dated December
14, 1999.
Consent
18. Consider approving an agreement with Stanislaus County Office of
Education for one-half of a Modesto Police Officer's/School Resource
Officer's (SRO) salary and benefits for the Sylvan Union School District.
(Funding Source: Sylvan Union School District Funds/General Fund)
Police; Jolene Gonzales, Police Lieutenant, 342-6147, gonzalesj@modestopd.com
• Resolution approving an agreement with Sylvan Union School District in the
amount of $54,374 for the provision of one-half of a Modesto Police
Officer's/School Resource Officer's (SRO) salary and benefits to provide
direct law enforcement services, expertise and training at the schools
within the District, and authorizing the City Manager to execute the
agreement recommended.
ACTION: Resolution 2008-439 (Hawn/Lopez;unan
Keating, Ridenour absent) approving an agreement with Sylvan Union School
District in the amount of $54,374 for the provision of one-half of a Modesto
Police Officer's/School Resource Officer's (SRO) salary and benefits to
provide direct law enforcement services, expertise and training at the
schools within the District, and authorizing the City Manager to execute the
agreement.
Consent
19. Consider approving an Amendment to Party Patrol Agreement with the
County of Stanislaus Behavioral Health and Recovery Services. (Funding
Source: Not Applicable)
Police; James Rokatis, Police Detective, 572-9606, rokatisj@modestopd.com
• Resolution approving an Amendment to the Party Patrol Agreement to extend
the termination date by ninety (90) days recommended.
ACTION: Resolution 2008-440 (Hawn/Lopez;unan
Keating, Ridenour absent) approving an Amendment to the Party Patrol
Agreement to extend the termination date by ninety (90) days.
Consent
20. Consider approving a Longitudinal Pipeline Encroachment Agreement with
the Union Pacific Railroad Company to allow the construction, operation, and
maintenance of a water transmission pipeline along the Union Pacific
Railroad’s right-of-way between Pelandale Avenue and Bangs Avenue in the
amount of $15,320, and authorizing the City Manager, or his designee, to
execute the Agreement. (Funding Source: Water Fund-CIP)
Public Works; Dean Phillips, 577-5260, dphillips@modestogov.com
• Resolution approving a Longitudinal Pipeline Encroachment Agreement with
the Union Pacific Railroad Company to allow the construction, operation, and
maintenance of a water transmission pipeline along the Union Pacific
Railroad’s right-of-way between Pelandale Avenue and Bangs Avenue in the
amount of $15,320, and authorizing the City Manager, or his designee, to
execute the Agreement recommended.
ACTION: Resolution 2008-441 (Hawn/Lopez;unan
Keating, Ridenour absent) approving a Longitudinal Pipeline Encroachment
Agreement with the Union Pacific Railroad Company to allow the construction,
operation, and maintenance of a water transmission pipeline along the Union
Pacific Railroad’s right-of-way between Pelandale Avenue and Bangs Avenue in
the amount of $15,320, and authorizing the City Manager, or his designee, to
execute the Agreement.
Consent
21. Consider authorizing expenditure of the currently budgeted Stanislaus &
Tuolumne Rivers’ Groundwater Basin Association (STRGBA) -Groundwater
Management Plan (GWMP) -Secondary funds (approximately $49,950) to continue
participation in ongoing groundwater management related activities. (Funding
Source: Water Fund-CIP)
Public Works; Jim Alves, 571-5557, jalves@modestogov.com
• Resolution authorizing expenditure of the currently budgeted Stanislaus &
Tuolumne Rivers’ Groundwater Basin Association (STRGBA) -Groundwater
Management Plan (GWMP) -Secondary funds (approximately $49,950) to continue
participation in ongoing groundwater management related activities
recommended.
ACTION: Resolution 2008-442 (Hawn/Lopez;unan
Keating, Ridenour absent) authorizing expenditure of the currently budgeted
Stanislaus & Tuolumne Rivers’ Groundwater Basin Association (STRGBA)
-Groundwater Management Plan (GWMP) -Secondary funds (approximately $49,950)
to continue participation in ongoing groundwater management related
activities.
Consent
22. Consider accepting the work by Preston Pipelines, Inc. for the La Loma
Avenue Sanitary Sewer Lift Station Replacement Project as complete,
authorizing the City Clerk to file a Notice of Completion with the
Stanislaus County Recorder and to release securities upon expiration of
statutory periods, and authorizing payment of amounts totaling
$1,823,139.62. (Total project cost is $2,264,765.94, which includes
construction contingency, city forces, engineering design and construction
administration.) (Funding Source: Sewer Fund)
Public Works; Kris Ohlson, 577-5423, kohlson@modestogov.com
• Resolution accepting the work by Preston Pipelines, Inc. for the La Loma
Avenue Sanitary Sewer Lift Station Replacement Project as complete,
authorizing the City Clerk to file a Notice of Completion with the
Stanislaus County Recorder and to release securities upon expiration of
statutory periods, and authorizing payment of amounts totaling $1,823,139.62
recommended.
ACTION: Resolution 2008-443 (Hawn/Lopez;unan
Keating, Ridenour absent) accepting the work by Preston Pipelines, Inc. for
the La Loma Avenue Sanitary Sewer Lift Station Replacement Project as
complete, authorizing the City Clerk to file a Notice of Completion with the
Stanislaus County Recorder and to release securities upon expiration of
statutory periods, and authorizing payment of amounts totaling
$1,823,139.62.
Consent
23. Consider approving an Agreement with HDR Engineering, Inc. to prepare a
final project design for the El Rio Sewer Replacement project, in an amount
not to exceed $139,363 for the identified scope of services, plus $13,937
for additional services (if needed) for a maximum total amount of $153,300,
and authorizing the City Manager, or his designee, to execute the Agreement.
(Funding Source: Wastewater Fund-CIP)
Public Works; William Wong, 571-5801, wwong@modestogov.com
• Resolution approving an Agreement with HDR Engineering, Inc. to prepare a
final project design for the El Rio Sewer Replacement project, in an amount
not to exceed $139,363 for the identified scope of services, plus $13,937
for additional services (if needed) for a maximum total amount of $153,300,
and authorizing the City Manager, or his designee, to execute the Agreement
recommended.
ACTION: Resolution 2008-444 (Hawn/Lopez;unan
Keating, Ridenour absent) approving an Agreement with HDR Engineering, Inc.
to prepare a final project design for the El Rio Sewer Replacement project,
in an amount not to exceed $139,363 for the identified scope of services,
plus $13,937 for additional services (if needed) for a maximum total amount
of $153,300, and authorizing the City Manager, or his designee, to execute
the Agreement.
Consent
24. Consider approving an Agreement with Carollo Engineers, P.C. to prepare
a final project design of the Digester Gas Treatment System project, in an
amount not to exceed $44,247 for the identified scope of services, plus
$4,425 for additional services (if needed) for a maximum total amount of
$48,672. (Funding Source: Wastewater Fund-CIP)
Public Works; Pete Kambel, 577-5444, pkambel@modestogov.com
• Resolution approving an Agreement with Carollo Engineers, P.C. to prepare
a final project design of the Digester Gas Treatment System project, in an
amount not to exceed $44,247 for the identified scope of services, plus
$4,425 for additional services (if needed) for a maximum total amount of
$48,672 recommended.
ACTION: Resolution 2008-445 (Hawn/Lopez;unan
Keating, Ridenour absent) approving an Agreement with Carollo Engineers,
P.C. to prepare a final project design of the Digester Gas Treatment System
project, in an amount not to exceed $44,247 for the identified scope of
services, plus $4,425 for additional services (if needed) for a maximum
total amount of $48,672.
Consent
25. Consider approving an Agreement with Carollo Engineers, P.C. for
preparing the Anaerobic Digester No. 1 Evaluation, in an amount not to
exceed $49,664 for the identified scope of services, plus $4,966 for
additional services (if needed) for a maximum total amount of $54,630.
(Funding Source: Wastewater Fund-CIP)
Public Works; William Wong, 571-5801, wwong@modestogov.com
• Resolution approving an Agreement with Carollo Engineers, P.C. for
preparing the Anaerobic Digester No. 1 Evaluation, in an amount not to
exceed $49,664 for the identified scope of services, plus $4,966 for
additional services (if needed) for a maximum total amount of $54,630
recommended.
ACTION: Resolution 2008-446 (Hawn/Lopez;unan
Keating, Ridenour absent) approving an Agreement with Carollo Engineers,
P.C. for preparing the Anaerobic Digester No. 1 Evaluation, in an amount not
to exceed $49,664 for the identified scope of services, plus $4,966 for
additional services (if needed) for a maximum total amount of $54,630.
Consent
26. Consider authorizing the Purchasing Manager to issue formal Request for
Bids (RFB) for the purchase of concrete for Public Works Department,
Transportation Services - Forestry, for a two (2) year agreement with three
(3) one-year extension options at the sole discretion of the City, for an
estimated annual total cost of $170,000. (Funding Source: Gas tax Fund)
Public Works; Bill Dufresne, 342-2233, bdufresne@modestogov.com
• Resolution authorizing the Purchasing Manager to issue formal Request for
Bids (RFB) for the purchase of concrete for Public Works Department,
Transportation Services - Forestry, for a two (2) year agreement with three
(3) one-year extension options at the sole discretion of the City, for an
estimated annual total cost of $170,000 recommended.
ACTION: Resolution 2008-447 (Hawn/Lopez;unan
Keating, Ridenour absent) authorizing the Purchasing Manager to issue formal
Request for Bids (RFB) for the purchase of concrete for Public Works
Department, Transportation Services - Forestry, for a two (2) year agreement
with three (3) one-year extension options at the sole discretion of the
City, for an estimated annual total cost of $170,000.
Consent
27. Consider authorizing the Purchasing Manager to issue formal Request for
Bids (RFB) for the furnishing of street sweeping materials receiving
services for Public Works Department, Transportation Services - Forestry,
for a two (2) year agreement with three (3) one-year extension options at
the sole discretion of the City, for an estimated annual total cost of
$60,000. (Funding Source: Storm Drain Fund)
Public Works; Bill Dufresne, 342-2233, bdufresne@modestogov.com
• Resolution authorizing the Purchasing Manager to issue formal Request for
Bids (RFB) for the furnishing of street sweeping materials receiving
services for Public Works Department, Transportation Services - Forestry,
for a two (2) year agreement with three (3) one-year extension options at
the sole discretion of the City, for an estimated annual total cost of
$60,000 recommended.
ACTION: Resolution 2008-448 (Hawn/Lopez;unan
Keating, Ridenour absent) authorizing the Purchasing Manager to issue formal
Request for Bids (RFB) for the furnishing of street sweeping materials
receiving services for Public Works Department, Transportation Services -
Forestry, for a two (2) year agreement with three (3) one-year extension
options at the sole discretion of the City, for an estimated annual total
cost of $60,000.
Consent
28. Consider authorizing the award of contract to Clyde Wheeler Pipeline in
an amount not to exceed $42,500 for emergency repairs to the Emerald Sewer
Trunk Line, and authorizing the City Manager, or his designee, to execute
the contract. (Funding Source: Wastewater Fund)
Public Works; Gary DeJesus, 577-6255, gdejesus@modestogov.com
• Resolution authorizing the award of contract to Clyde Wheeler Pipeline in
an amount not to exceed $42,500 for emergency repairs to the Emerald Sewer
Trunk Line, and authorizing the City Manager, or his designee, to execute
the contract recommended.
ACTION: Resolution 2008-449 (Hawn/Lopez;unan
Keating, Ridenour absent) authorizing the award of contract to Clyde Wheeler
Pipeline in an amount not to exceed $42,500 for emergency repairs to the
Emerald Sewer Trunk Line, and authorizing the City Manager, or his designee,
to execute the contract.
Consent
29. Consider amending the Capital Improvement Program (CIP) as adopted by
Council for FY 2008-09 to establish a new project titled “Bus Fare
Depository” Account No. 6510-165-J001 to design and construct a Bus Fare
Depository in an amount not to exceed $86,600 and authorizing staff to
solicit proposals from qualified firms to design the Bus Fare Depository and
authorizing staff to award a contract to the selected firm in an amount not
to exceed $10,000. (Funding Source: Federal Transit Administration and Local
Transportation Fund)
Public Works; Fred Cavanah, 577-6300, fcavanah@modestogov.com
Resolution amending the Capital Improvement Program (CIP) as adopted by
Council for FY 2008-09 to establish a new project titled “Bus Fare
Depository” Account No. 6510-165-J001 to design and construct a Bus Fare
Depository in an amount not to exceed $86,600.
Resolution authorizing staff to solicit proposals from qualified firms to
design the Bus Fare Depository and authorizing staff to award a contract to
the selected firm in an amount not to exceed $10,000 recommended.
ACTION: Resolution 2008-450 (Hawn/Lopez;unan
Keating, Ridenour absent) amending the Capital Improvement Program (CIP) as
adopted by Council for FY 2008-09 to establish a new project titled “Bus
Fare Depository” Account No. 6510-165-J001 to design and construct a Bus
Fare Depository in an amount not to exceed $86,600 and authorizing staff to
solicit proposals from qualified firms to design the Bus Fare Depository and
authorizing staff to award a contract to the selected firm in an amount not
to exceed $10,000.
ACTION: Resolution 2008-451 (Hawn/Lopez;unan
Keating, Ridenour absent) authorizing staff to solicit proposals from
qualified firms to design the Bus Fare Depository and authorizing staff to
award a contract to the selected firm in an amount not to exceed $10,000.
REMOVED FROM CONSENT
30. Consider approving a five-year lease agreement with Civic Partners
Modesto, Inc., for the Public Works Department – Transportation Services
Division/Transit Section to occupy approximately 2,300 sq. ft. of office
space on the first floor of Tenth Street Place (TSP) at a rental rate of
approximately $64,500 annually, and a one-time tenant improvement expense of
approximately $105,000; and authorizing the City Manager, or his designee,
to execute the Lease Agreement. (Funding Source: Federal Transit
Administration Funds and Local Transportation Fund)
Public Works; Fred Cavanah, 577-5298, fcavanah@modestogov.com
• Resolution approving a five-year lease agreement with Civic Partners
Modesto, Inc., for the Public Works Department – Transportation Services
Division/Transit Section to occupy approximately 2,300 sq. ft. of office
space on the first floor of Tenth Street Place (TSP) at a rental rate of
approximately $64,500 annually, and a one-time tenant improvement expense of
approximately $105,000; and authorizing the City Manager, or his designee,
to execute the Lease Agreement recommended.
ACTION: Resolution 2008-452 (Hawn/Lopez;majority;
O’Bryant no, Keating, Ridenour absent) approving a five-year lease agreement
with Civic Partners Modesto, Inc., for the Public Works Department –
Transportation Services Division/Transit Section to occupy approximately
2,300 sq. ft. of office space on the first floor of Tenth Street Place (TSP)
at a rental rate of approximately $64,500 annually, and a one-time tenant
improvement expense of approximately $105,000; and authorizing the City
Manager, or his designee, to execute the Lease Agreement.
COUNCIL COMMENTS & REPORTS
Councilmember O’Bryant discussed the foreclosure problem
in the City of Modesto; would like the City Manager and City Attorney to see
what other Cities are doing to address problem of abandoned homes and action
necessary by City Council.
Councilmember Olsen requested a report on a multi-agency
meeting; Julie Hannon will return to Council in 3 weeks with informational
update.
CITY MANAGER COMMENTS & REPORTS
City Manager Nyhoff acknowledged National Night Out on
August 5, 2008 and Modesto as an “All American City.”
UNFINISHED BUSINESS
31. Consider a resolution relating to Lease Revenue Bond
Refunding, Series 2008; approving the forms of and authorizing the execution
and delivery of a 2008 Supplemental Contract, a Liquidity Facility and a
Purchase Contract; approving the form of and authorizing the distribution of
an official statement in connection therewith; authorizing the 2008 SWAP
amendments and authorizing certain other related actions. (Funding Source:
General Fund Lease Revenue Bonds)
Finance; Wayne Padilla, 577-5369, wpadilla@modestogov.com
• Resolution of the City Council of the City of Modesto approving and
authorizing the issuance and sale by the Modesto Public Financing Authority
of Lease Revenue Refunding Bonds, Series 2008 in an aggregate principal
amount not to exceed $75,000,000; directing execution of certain lease
financing documents and certain related documents; approving the forms of
and authorizing the execution and delivery of a letter of credit and
reimbursement agreement, and a bond purchase contract, and a swap agreement;
approving the form of and authorizing the distribution of an official
statement; and approving certain other related actions recommended.
ACTION: Resolution 2008-453 (Marsh/Hawn;majority;
O’Bryant no,Keating absent) the City Council of the City of Modesto
approving and authorizing the issuance and sale by the Modesto Public
Financing Authority of Lease Revenue Refunding Bonds, Series 2008 in an
aggregate principal amount not to exceed $75,000,000; directing execution of
certain lease financing documents and certain related documents; approving
the forms of and authorizing the execution and delivery of a letter of
credit and reimbursement agreement, and a bond purchase contract, and a swap
agreement; approving the form of and authorizing the distribution of an
official statement; and approving certain other related actions.
32. Consider approving an implementation plan for
enforcement of Shopping Cart Ordinance 3486–C.S. § 1 which became effective
on June 5, 2008. (Funding Source: General Fund) (Funding Source: General
Fund)
Parks, Recreation and Neighborhoods; Barbara Kauss, 577-5275, bkauss@modestogov.com
• Resolution approving an implementation plan for enforcement of
Shopping Cart Ordinance 3486–C.S. § 1 which became effective on June 5, 2008
recommended.
ACTION: Item continued to August 12, 2008 Council meeting.
HEARINGS
Published in the Modesto Bee on July 6, 2008
33. Hearing to consider confirming the diagram and assessment and
ordering the levy and collecting of charges within Landscape Maintenance
District No. 1 for Dry Creek Meadows Subdivisions Nos. 1-6. (Funding Source:
Not Applicable)
Community & Economic Development; Bill Sandhu, 577-5356,
bsandhu@modestogov.com
• Resolution confirming the diagram and assessment and ordering the levy
and collecting of charges within Landscape Maintenance District No. 1 for
Dry Creek Meadows Subdivisions Nos. 1-6 recommended.
ACTION: Resolution 2008-454 (Hawn/Lopez;unan
Keating, Ridenour absent) confirming the diagram and assessment and ordering
the levy and collecting of charges within Landscape Maintenance District No.
1 for Dry Creek Meadows Subdivisions Nos. 1-6.
Published in the Modesto Bee on July 6, 2008
34. Hearing to consider confirming the diagram and assessments and ordering
the levy and collection of charges within Landscape Maintenance Assessment
District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood
Meadows Subdivision, and Yosemite Meadows Subdivision Units 1 & 2. (Funding
Source: Not Applicable)
Community & Economic Development; Bill Sandhu, 577-5356,
bsandhu@modestogov.com
• Resolution confirming the diagram and assessments and ordering the
levy and collection of charges within Landscape Maintenance Assessment
District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10, Creekwood
Meadows Subdivision, and Yosemite Meadows Subdivision Units 1 & 2
recommended.
ACTION: Resolution 2008-455 (Hawn/Lopez;unan
Keating, Ridenour absent) confirming the diagram and assessments and
ordering the levy and collection of charges within Landscape Maintenance
Assessment District No. 2 for Dry Creek Meadows Subdivisions Nos. 7-10,
Creekwood Meadows Subdivision, and Yosemite Meadows Subdivision Units 1 & 2.
Published in the Modesto Bee on July 17, 2008.
35. Hearing to consider approving a Business License Application Fee for
processing new and reactivated business licenses. (Funding Source: Not
Applicable)
Finance; Cheryl M. Detmar, 571-5174, cdetmar@modestogov.com
• Resolution establishing a Business License Application Fee for
processing new and reactivated business licenses recommended.
ACTION: Resolution 2008- (Hawn/Lopez; Marsh yes;
O’Bryant, Olsen no; Keating, Ridenour absent) establishing a Business
License Application Fee for processing new and reactivated business
licenses. (Resolution failed to pass with a majority of Council.)
Published in the Modesto Bee on July 5, 2008 and Vida
on July 9, 2008.
36. Hearing to consider approving an amendment to the Department of
Housing & Urban Development (HUD) Annual Action Plan for Fiscal Year
2008-2009 and consider amending the FY 2008-2009 annual operating budget to
reflect approved changes to the HUD Annual Action Plan. (Funding Source:
Various HUD Funds)
Parks, Recreation and Neighborhoods; Rebecca Blanco, 577-5368, rblanco@modestogov.com
• Resolution approving an amendment to the Department of Housing & Urban
Development (HUD) Annual Action Plan for Fiscal Year 2008-2009, and
authorizing the City Manager, or his designee, to execute related documents
recommended. (Funding Sources: CDBG, HOME, Revolving Loan Funds)
• Resolution amending the FY 2008-2009 annual operating and capital
improvement budgets to reflect approved changes to the HUD Annual Action
Plan and authorizing the Finance Director to take the necessary steps to
implement the provisions of this resolution recommended. (Funding Sources:
CDBG, HOME, Revolving Loan Funds)
ACTION: Resolution 2008-456 (Olsen/O’Bryant; unan
Keating,Ridenour absent) approving an amendment to the Department of Housing
& Urban Development (HUD) Annual Action Plan for Fiscal Year 2008-2009, and
authorizing the City Manager, or his designee, to execute related documents.
ACTION: Resolution 2008-457 (Olsen/O’Bryant; unan
Keating, Ridenour absent) amending the FY 2008-2009 annual operating and
capital improvement budgets to reflect approved changes to the HUD Annual
Action Plan and authorizing the Finance Director to take the necessary steps
to implement the provisions of this resolution.
Published in the Modesto Bee on July 18, 2008
37. Hearing to consider submittal of a grant application to the Federal
Transit Administration (FTA) requesting $4,185,489 in Section 5307 formula
funds for public transit operating and capital purposes and authorizing the
City Manager, or his designee, to execute all grant application and grant
agreement documents. (Funding Source: Federal Transit Administration (FTA))
Public Works; Fred Cavanah, 209-577-5298, fcavanah@modestogov.com
• Resolution approving submittal of a grant application to the Federal
Transit Administration (FTA) requesting $4,185,489 in Section 5307 formula
funds for public transit operating and capital purposes and authorizing the
City Manager, or his designee, to execute all grant application and grant
agreement documents, submittal of a grant application to the Federal Transit
Administration (FTA) requesting $4,185,489 in Section 5307 formula funds for
public transit operating and capital purposes and authorizing the City
Manager, or his designee, to execute all grant application and grant
agreement documents recommended.
ACTION: Resolution 2008-458 (O’Bryant/Hawn unan
Keating, Ridenour absent) approving submittal of a grant application to the
Federal Transit Administration (FTA) requesting $4,185,489 in Section 5307
formula funds for public transit operating and capital purposes and
authorizing the City Manager, or his designee, to execute all grant
application and grant agreement documents, submittal of a grant application
to the Federal Transit Administration (FTA) requesting $4,185,489 in Section
5307 formula funds for public transit operating and capital purposes and
authorizing the City Manager, or his designee, to execute all grant
application and grant agreement documents.
NEW BUSINESS
38. Consider the request of Petrulakis Jensen & Friedrich,
LLP on behalf of Dr. Brij Gupta for confirmation of development conditions
of P-D575, located at 3125 Coffee Road. (Continued from July 1, 2008 and
July 8, 2008) (Funding Source: Not Applicable)
Community & Economic Development; Steve Mitchell, 577-5267, smitchell@modestogov.com
• This matter has been resolved per Attorney Matt Friedrich's July 30, 2008
letter.
ACTION: This item resolved per Attorney Matt
Friedrich's July 30, 2008 letter.
39. Consider authorizing the Purchasing Manager to approve
continuing the yearly renewal of software and hardware maintenance contracts
for the budgeted amount of $1,015,707. (Funding Source: Information
Technology Replacement Fund)
Information Technology; Gary Cook, 577-5229, gcook@modestogov.com
• Resolution authorizing the Purchasing Manager to continue yearly renewal
of software and hardware maintenance contracts for the budgeted amount of
$1,015,707 recommended.
ACTION: Resolution 2008-459 (Hawn/Lopez;unan
Keating,Ridenour absent) authorizing the Purchasing Manager to continue
yearly renewal of software and hardware maintenance contracts for the
budgeted amount of $1,015,707.
40. Consider approving negotiated salary and health
contribution increases for employees represented by the Modesto City
Employees Association (MCEA). (Funding Source: General Fund & Other Fund
Reserves)
Personnel; Barbara Santos, 577-5466, bsantos@modestogov.com
• Resolution granting a 3% across-the-board salary increase to employees
represented by Modesto City Employees Association (MCEA), and amending
Section 1 of Resolution No. 2006-318, effective August 5, 2008 recommended.
• Resolution granting health benefit increases for MCEA and amending Section
2 of Resolution No. #2006-318, effective July 22, 2008 recommended.
• Resolution approving the Class Range Table for General Non-Sworn Classes
recommended.
• Resolution amending the Fiscal Year 08-09 Operating Budget to transfer
$332,000 from 0100-800-8000-8003, General Fund Reserves and $765,000 from
other fund reserves to various salary and benefit accounts to provide
funding for salary and health benefit changes for employees represented by
MCEA recommended.
ACTION: Resolution 2008-460 (Hawn/Marsh;unan
Keating, Ridenour absent) granting a 3% across-the-board salary increase to
employees represented by Modesto City Employees Association (MCEA), and
amending Section 1 of Resolution No. 2006-318, effective August 5, 2008.
ACTION: Resolution 2008-461 (Hawn/Marsh;unan
Keating, Ridenour absent) granting health benefit increases for MCEA and
amending Section 2 of Resolution No. #2006-318, effective July 22, 2008.
ACTION: Resolution 2008-462 (Hawn/Marsh;unan
Keating, Ridenour absent) approving the Class Range Table for General
Non-Sworn Classes.
ACTION: Resolution 2008-463 (Hawn/Marsh;unan
Keating, Ridenour absent) amending the Fiscal Year 08-09 Operating Budget to
transfer $332,000 from 0100-800-8000-8003, General Fund Reserves and
$765,000 from other fund reserves to various salary and benefit accounts to
provide funding for salary and health benefit changes for employees
represented by MCEA.
MATTERS TOO LATE FOR THE AGENDA
None.
ADJOURNMENT
This meeting adjourned at 6:40 pm.
CLOSED SESSION
PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Sections 54954.5
and 54957 of the Government Code) Title: City Auditor
CONFERENCE WITH LABOR NEGOTIATOR: (Pursuant to Section
54957.6 of the Government Code) – Unrepresented Agency Negotiators: Greg
Nyhoff, City Manager James E. Niskanen, Acting Deputy City Manager Robin
Renwick, Personnel Director Employee Organization: Unrepresented Management
and Confidential Employees
CONFERENCE WITH LABOR NEGOTIATOR: (Pursuant to Section
54957.6 of the Government Code) – MCMA Agency Negotiators: Greg Nyhoff, City
Manager James E. Niskanen, Acting Deputy City Manager Robin Renwick,
Personnel Director Employee Organization: Modesto Confidential & Management
Association
CONFERENCE WITH LABOR NEGOTIATOR: (Pursuant to Section
54957.6 of the Government Code) – MCEA Agency Negotiators: Greg Nyhoff, City
Manager James E. Niskanen, Acting Deputy City Manager Barbara Santos, Deputy
Director of Personnel Employee Organization: Modesto City Employees
Association
CONFERENCE WITH LABOR NEGOTIATOR: (Pursuant to Section
54957.6 of the Government Code) – MPNSA Agency Negotiators: Greg Nyhoff,
City Manager James E. Niskanen, Acting Deputy City Manager Barbara Santos,
Deputy Director of Personnel Employee Organization: Modesto Police Non Sworn
Association
CONFERENCE WITH LABOR NEGOTIATOR: (Pursuant to Section
54957.6 of the Government Code) – MPOA Agency Negotiators: Greg Nyhoff, City
Manager Robin Renwick, Director of Personnel Employee Organization: Modesto
Police Officers’ Association
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P.O. Box 642, Modesto, CA 95353