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AGENDA
City of Modesto
CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, May
13, 2008, at 5:30 p.m.
Roll Call – Councilmembers
Hawn, Keating, Lopez, Marsh, O’Bryant, Olsen, Mayor Ridenour
Pledge of Allegiance to the
Flag
Invocation: Michael Douglass,
Advancing Vibrant Communities
City Clerk’s Announcements
Declaration of Conflicts of
Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Consider accepting the
Airport Advisory Committee 2007 Annual Report for the Modesto
City-County Airport.
(click HERE to
view staff report)
(click HERE to
view staff report - attachment)
• Motion accepting the Airport Advisory Committee 2007 Annual
Report for the Modesto City-County Airport recommended.
Public Works; Jerome Thiele, 577-5319,
jthiele@modestogov.com
PUBLIC
COMMENT PERIOD
Three minute time limit per speaker
Only interested persons in the
audience may present these matters. Under State law,
Councilmembers may respond to matters being presented under this
item only as follows:
a. Briefly respond to
statements made or questions raised.
b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual
information.
d. Request staff to report back at a subsequent meeting.
e. Finally, a Councilmember or the Council itself may take
action to direct staff to place a matter of business on a future
agenda.
CONSENT ITEMS – ROLL CALL
VOTE REQUIRED: Items 2 through 17
Information concerning the
consent items listed below has been forwarded to each
Councilmember prior to this meeting for study. Unless some
member of the audience or Councilmember has a question
concerning an item and asks that it be withdrawn from the
consent list, the Council approves the items at one time. The
action taken by the Council in approving consent items is set
forth in the explanation of this individual item.
Any and all of the following
agenda items are subject to action by the Modesto City Council.
This Agenda is on file at the
Modesto-Stanislaus Library Reference Room, 1500 I Street,
Modesto, in the City Clerk’s Office, Sixth Floor, 10th Street
Place, and is available on the City’s Web site at
www.modestogov.com.
In compliance with the
Americans with Disabilities Act, if you need special assistance
to participate in this meeting, please contact the City Clerk
(209) 577-5396. Notification 48 hours prior to the meeting will
enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
CONSENT ITEMS
An item may be removed from consent and discussed at the request
of an audience member or Councilmember.
CONSENT
2. Consider approval of the minutes of the regular City Council
meeting of May 6, 2008.
• Motion approving recommended.
Clerk; Stephanie Lopez, 577-5397,
slopez@modestogov.com
CONSENT
3. Consider appointing Stephanie D. Lopez as City Clerk,
effective April 8, 2008, and authorizing the Mayor to sign an
employment agreement with an annual cost for salary and benefits
in the amount of $135,000.
(click HERE to
view staff report)
(click HERE to
view staff report - attachment)
• Resolution appointing Stephanie D. Lopez as City Clerk of the
City of Modesto and authorizing the Mayor to sign an Employment
Agreement with Stephanie D. Lopez to serve as City Clerk of the
City of Modesto, effective April 8, 2008 recommended.
City Manager; Jim Ridenour; 571-5169,
jridenour@modestogov.com
CONSENT
4. Consider approving a request from JesusIsLord.com/Chad Wright
for amplified music at Mancini Bowl for a “West Coast Youth
Explosion” event to be held on May 31, 2008, from 3:00 p.m. to
8:00 p.m.
(click HERE to
view staff report)
• Resolution approving a request from JesusIsLord.com/Chad
Wright for amplified music at Mancini Bowl for a “West Coast
Youth Explosion” event to be held on May 31, 2008, from 3:00
p.m. to 8:00 p.m. recommended.
Parks, Recreation & Neighborhoods; Mary Otten, 571-5863,
motten@modestogov.com
CONSENT
5. Consider approving solicitation for qualifications and bids
for airport consulting engineers for design and construction
management services for the Modesto City-County Airport for a
five (5) year term.
(click HERE to
view staff report)
• Resolution approving solicitation for qualifications and bids
for airport consulting engineers for design and construction
management services for the Modesto City-County Airport for a
five (5) year term recommended.
Public Works; Jerome Thiele, 577-5319,
jthiele@modestogov.com
CONSENT
6. Consider approving submittal of the Modesto City-County
Airport’s revised Airport Capital Improvement Plan (ACIP) to the
Federal Aviation Administration (FAA).
(click HERE to
view staff report)
• Resolution approving submittal of the Modesto City-County
Airport’s revised Airport Capital Improvement Plan (ACIP) to the
Federal Aviation Administration (FAA) recommended.
Public Works; Jerome Thiele, 577-5319,
jthiele@modestogov.com
CONSENT
7. Consider approving the submittal of a Federal Airport
Improvement Program (AIP) Grant Application in the amount of
$1,282,500 to the Federal Aviation Administration (FAA).
(click HERE to
view staff report)
(click HERE to
view staff report - attachment)
• Resolution approving the submittal of a Federal Airport
Improvement Program (AIP) Grant Application in the amount of
$1,282,500 to the Federal Aviation Administration (FAA), and
authorizing the Interim City Manager, or his designee, to
execute the application recommended.
Public Works; Jerome Thiele, 577-5319,
jthiele@modestogov.com
CONSENT
8. Consider approving solicitation for qualifications and bids
for airport planning firms for planning services for the Modesto
City-County Airport.
(click HERE to
view staff report)
• Resolution approving solicitation for qualifications and bids
for airport planning firms for planning services for the Modesto
City-County Airport recommended.
Public Works; Jerome Thiele, 577-5319,
jthiele@modestogov.com
CONSENT
9. Consider approving the Draft Final Noise Exposure Maps (NEM)
and supporting documentation for the Modesto City-County Airport
14 CFR Part 150 Noise Compatibility Study.
(click HERE to
view staff report)
• Resolution approving the Draft Final Noise Exposure Maps (NEM)
and supporting documentation for the Modesto City-County Airport
14 CFR Part 150 Noise Compatibility Study, and authorizing the
Interim City Manager, or his designee, to sign the Sponsor’s
Certification document recommended.
Public Works; Jerome Thiele, 577-5319,
jthiele@modestogov.com
CONSENT
10. Consider approving an Airport/Airline Lease Agreement with
SkyWest Airlines, Inc., a Utah Corporation, for continued use of
airport facilities to operate passenger services at Modesto
City-County Airport.
(click HERE to
view staff report)
• Resolution approving an Airport/Airline Lease Agreement with
SkyWest Airlines, Inc., a Utah Corporation, for continued use of
airport facilities to operate passenger services at Modesto
City-County Airport, and authorizing the Interim City Manager,
or his designee, to execute the Agreement recommended.
Public Works; Jerome Thiele, 577-5319,
jthiele@modestogov.com
CONSENT
11. Consider amending the Fiscal Year 2007/2008 Operating Budget
by approving the appropriation of funds in the amount of
$193,000 from the Gas Tax Reserve to Fund 0700-160-1605,
“Electrical Utility Cost,” in order to fully fund electrical
utility costs for Fiscal Year 2007/2008.
(click HERE to
view staff report)
(click HERE to
view staff report - attachment)
• Resolution amending the Fiscal Year 2007/2008 Operating Budget
by approving the appropriation of funds in the amount of
$193,000 from the Gas Tax Reserve to Fund 0700-160-1605,
“Electrical Utility Cost,” in order to fully fund electrical
utility costs for Fiscal Year 2007/2008 recommended.
Public Works; Jeffrey Barnes, 577-5468,
jbarnes@modestogov.com
CONSENT
12. Consider accepting the State of California Department of
Transportation (Caltrans) grant in the amount up to $12,000 for
the project titled, “Section 130 Grade Crossing Improvement
Program–Woodland Avenue.”
(click HERE to
view staff report)
(click HERE to
view staff report - attachment)
• Resolution accepting the State of California Department of
Transportation CALTRANS grant in an amount not to exceed
$12,000, and authorizing the Interim City Manager, or his
designee, to execute the necessary grant documents recommended
• Resolution amending the Fiscal Year 2007/2008 Capital
Improvement Program (CIP) budget accepting the grant funds and
establishing one new CIP project titled, “Section 130 Grade
Crossing Improvement Program–Woodland Avenue,” in the amount of
$12,000 recommended.
Public Works; Jeffrey Barnes, 577-5468,
jbarnes@modestogov.com
CONSENT
13. Consider approving the plans and specifications for the
Snyder Avenue Improvements from Prescott Road to Carver Road
project and accepting the bid of Ross F. Carroll, Inc. (Total
estimated cost of this project is $819,201, which includes
engineering design, City force work, construction contingency,
and construction administration.) (Funding Source: Community
Facilities District No. 1998-2 (Carver-Bangs/Pelandale-Snyder).
(click HERE to
view staff report)
(click HERE to
view staff report - attachment)
(click HERE to
view staff report - attachment)
(click HERE to
view staff report - attachment)
• Resolution approving the plans and specifications for the
Snyder Avenue Improvements from Prescott Road to Carver Road
project, accepting the bid and approving a contract with Ross F.
Carroll, Inc. in the amount of $590,692.05 for the Snyder Avenue
Improvements from Prescott Road to Carver Road project, and
authorizing the District Administrator, or his designee, to
execute the contract recommended.
• Resolution finding that the Snyder Avenue Improvements from
Prescott Road to Carver Road project is within the scope of the
project covered by the Modesto Urban Area General Plan Master
Environmental Impact Report (SCH No. 1999082041) recommended.
• Resolution amending the current Capital Improvement Program
(CIP) budget in order to fully fund the contract with Ross F.
Carroll, Inc. by transferring $281,956 from Account
2670-800-8000-8208 “Carver/Bangs Pelandale/Snyder CFD Reserves”
to CIP Account 2680-020-A102 “Snyder Avenue (Prescott & Carver)”
to fully fund the Snyder Avenue Improvements from Prescott Road
to Carver Road project recommended.
Public Works; Vickey Dion, 571-5542,
vdion@modestogov.com
CONSENT
14. Consider approving the plans and specifications for the
Downstream Water System Improvements - Tier 1 Priority 1 and 2
Turnouts project, accepting the bid and approving a $2,685,000
contract with Mozingo Construction, Inc. for the project titled,
“Downstream Water System Improvements - Tier 1 Priority 1 and 2
Turnouts.” (Total estimated cost of this project is $3,962,564,
which includes design, construction contract, construction
contingency, and construction administration.) Funding Source:
Water Fund.
(click HERE to
view staff report)
(click HERE to
view staff report - attachment)
(click HERE to
view staff report - attachment)
(click HERE to
view staff report - attachment)
• Resolution approving the plans and specifications for the
Downstream Water System Improvements - Tier 1 Priority 1 and 2
Turnouts project, accepting the bid and approving a $2,685,000
contract with Mozingo Construction, Inc. for the project titled,
“Downstream Water System Improvements - Tier 1 Priority 1 and 2
Turnouts,” and authorizing the Interim City Manager, or his
designee, to execute the contract recommended.
• Resolution amending the Capital Improvement Program (CIP)
budget by reducing Objects 6010
Engineering/Design/Administration in the amount of $38,685. 6040
Construction in the amount of $1,560,000, and 6060 Construction
Administration in the amount of $241,500 in CIP Account
6180-430-W361 “Downstream Improvements PRVS-Secondary”, and
reappropriating funds in the amount of $187,750 to Object 6050
Contingency within the same account, and transferring surplus
funding in the amount of $1,652,435 to Primary Account
6180-430-W425 “Downstream Improvements-Primary” recommended.
Public Works; Dean Phillips, 577-5260,
dphillips@modestogov.com
CONSENT
15. Consider accepting the work by Planned Environments, Inc.
for the Marshall Park Improvements and Sylvan Park Splash Pad
project as complete. (Total project cost is $341,637.87, which
included construction contingency, city forces, engineering
design, and construction administration.) Funding Source: Parks
Capital Facilities Fees and Parks Fund.
(click HERE to
view staff report)
• Resolution increasing the Public Works Director’s authority to
issue change orders on the Marshall Park Improvements and Sylvan
Park Splash Pad project from 10 percent ($25,000.00) to 15.3
percent ($37,793.64) of the original contract price with Planned
Environments, Inc. recommended.
• Resolution accepting the work by Planned Environments, Inc.
for the Marshall Park Improvements and Sylvan Park Splash Pad
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 $285,704.05. Total project cost is
$341,637.87, which included construction contingency, city
forces, engineering design, and construction administration
recommended.
Public Works; Kris Ohlson, 577-5423,
kohlson@modestogov.com
CONSENT
16. Consider approving a five-year agreement with Storer Transit
Systems (Storer) to operate the Modesto Area Dial-a-Ride (DAR)
system, commencing June 28, 2008 and terminating June 27, 2013,
at an annual cost of approximately $2,478,450.
(click HERE to
view staff report)
• Resolution approving a five-year agreement with Storer Transit
Systems (Storer) to operate the Modesto Area Dial-a-Ride (DAR)
system, commencing June 28, 2008 and terminating June 27, 2013,
at an annual cost of approximately $2,478,450, and authorizing
the City Manager to execute the agreement recommended.
Public Works; Bill Latham, 577-5201,
blatham@modestogov.com
CONSENT
17. Consider Fiscal Year 07-08 California Transit Security Grant
Program Grant applications for the purchase and installation of
a Video Surveillance System at the Transit Center.
(click HERE to
view staff report)
• Resolution authorizing the Submittal of a Grant Application to
the Governor’s Office of Homeland Security (OHS) Requesting
$175,000 in FY 2007-08 California Transit Security Grant Program
Funds for the Purchase and Installation of a Video Surveillance
System at the Transit Center; and Authorizing the Interim City
Manager, or his designee, to Execute the Grant Application and
Grant Related Documents recommended.
• Resolution authorizing the Submittal of a Grant Application to
the Governor’s Office of Homeland Security (OHS) Requesting
$100,000 in FY 2007-08 California Transit Security Grant Program
Funds for the Purchase and Installation of a Video Surveillance
System at the Bus Maintenance Facility; and Authorizing the
Interim City Manager, or his designee, to Execute the Grant
Application and Grant Related Documents recommended.
• Resolution authorizing the Submittal of a Grant Application to
the Governor’s Office of Homeland Security (OHS) Requesting
$25,606 in FY 2007-08 California Transit Security Grant Program
Funds for the Purchase and Installation of Video Surveillance
Systems in Four Buses; and Authorizing the Interim City Manager,
or his designee, to Execute the Grant Application and Grant
Related Documents recommended.
• Resolution authorizing the Submittal of a Grant Application to
the Governor’s Office of Homeland Security (OHS) Requesting
$48,426 in FY 2007-08 California Transit Security Grant Program
Funds for the Purchase and Installation of Video Surveillance
Systems in Six Buses; and Authorizing the Interim City Manager,
or his designee, to Execute the Grant Application and Grant
Related Documents recommended.
Public Works; Fred Cavanah, 577-5298,
fcavanah@modestogov.com
COUNCIL
COMMENTS & REPORTS
18. Consider appointing
Councilmember Hawn as the City Council’s representative for
regional planning issues related to the water and wastewater
utilities.
(click HERE to
view staff report)
• Motion appointing Councilmember Hawn as the City Council’s
representative for regional planning issues related to the water
and wastewater utilities recommended.
City Manager; Judith Ray, 571-5809;
jray@modestogov.com
CITY MANAGER
COMMENTS & REPORTS
HEARINGS
Published in the Modesto Bee
on April 23, 2008
19. Hearing to Consider Introduction of an Ordinance adding
sections 2-1.24, 2-1.25, 2-1.26 and 2-1.27 to Chapter 1 of Title
2 of the Modesto Municipal Code relating to City Council
Organization and Procedure – City Council Compensation.
(click HERE to
view staff report)
• Motion introducing an Ordinance adding sections 2-1.24,
2-1.25, 2-1.26 and 2-1.27 to Chapter 1 of Title 2 of the Modesto
Municipal Code relating to City Council Organization and
Procedure recommended.
City Attorney’s Office; Susana Wood, 577-5284,
swood@modestogov.com
Published in the Modesto Bee
on April 17, 2008
20. Hearing to consider amending the City’s Zoning Code to
provide for electronic message board signs for high schools and
colleges.
(click HERE to
view staff report)
• Motion introducing an Ordinance amending Sections 10-2.2112
and 10-2.2114 of Chapter 2 of Title 10 of the Modesto Municipal
Code relating to zoning regulations recommended.
Community & Economic Development; Steve Mitchell, 577-5267,
smitchell@modestogov.com
Published in the Modesto Bee
on April 13, 2008 and Vida on April 16, 2008—HEARING HAS BEEN
CANCELLED
21. Hearing to consider an amendment to recent Annual Action
Plans, reallocating Community Development Block Grant (CDBG)
funds.
Published in the Modesto Bee
on May 2, 2008—continued to May 27, 2008
22. Hearing to consider authorizing the establishment of
Scrap Metal Dealers/Recyclers Permitting Fees.
• Resolution authorizing the establishment of fees for Scrap
Metal Dealers/Recyclers Permitting Fees recommended.
Police; Gary Watts, 342-6144,
wattsg@modestopd.com
Published in the Modesto Bee
on April 23, 2008; continued from May 6, 2008
23. Hearing to consider adjusting Rental Charges and Fees for
activities and services at the Modesto City-County Airport/Harry
Sham Field, and rescinding Resolution Nos. 2007-282 and
2008-245.
(click HERE to
view staff report)
(click HERE to
view staff report - attachment)
• Resolution adjusting Rental Charges and Fees for activities
and services at the Modesto City-County Airport/Harry Sham
Field, and rescinding Resolution Nos. 2007-282 and 2008-245
recommended.
Public Works; Jerome Thiele, 577-5319,
jthiele@modestogov.com
UNFINISHED
BUSINESS
Continued from May 6, 2008
24. Consider authorizing the award of bid and contract for the
purchase of eighteen (18) pickup trucks for the Public Works
Department, Fleet Services Division, to the following companies;
American Chevrolet, Modesto, CA, two (2) pickup trucks, for an
estimated cost of $44,469; Downtown Ford, Sacramento, CA, nine
(9) pickup trucks, for an estimated cost of $205,590; Geweke
Ford, Lodi, CA, seven (7) pickup trucks, for an estimated cost
of $141,105; and authorizing the Purchasing Manager to issue
purchase orders for a total estimated cost of $391,164. (For use
by the following divisions: Org 1961 MPD Field Operations, three
(3) pickup trucks, for an est. cost of $56,192. Org 5012 Water
Operations / Construction, one (1) pickup truck, for an est.
cost of $ 25,368. Org 5812 Downtown Shop Service Truck, one (1)
pickup truck, for an est. cost of $15,282. Org 5612 Bus Shop
Service, one (1) pickup truck, for an est. cost of $ 14,852. Org
3522 Parks Services, three (3) pickup trucks, for an est. cost
of $ 64,100. Org 3912 TRRP Operations, one (1) pickup truck, for
an est. cost of $ 21,503. Org 5212 Wastewater Collections, five
(5) pickup trucks, for an est. cost of $119,883. Org 1964 MPD
Animal Control, two (2) pickup trucks, for an est. cost of $
44,469. Org 5016 Water Operations, one (1) pickup truck, for an
est. cost of $ 29,515.)
(click HERE to
view staff report)
• Resolution authorizing the award of bid and contract for the
purchase of eighteen (18) pickup trucks for the Public Works
Department, Fleet Services Division, to the following companies;
American Chevrolet, Modesto, CA, two (2) pickup trucks, for an
estimated cost of $44,469; Downtown Ford, Sacramento, CA, nine
(9) pickup trucks, for an estimated cost of $205,590; Geweke
Ford, Lodi, CA, seven (7) pickup trucks, for an estimated cost
of $141,105; and authorizing the Purchasing Manager to issue
purchase orders for a total estimated cost of $391,164
recommended.
Finance; Meagan Torres, 571-5839,
mtorres@modestogov.com
Continued from May 6, 2008
25. Consider authorizing the award of bid and contract for the
purchase of five (5) trucks with utility bodies for the Public
Works Department, Fleet Services Division, to the following
companies: San Francisco Ford, Lincoln, Mercury, San Francisco,
CA, four (4) trucks with utility bodies, for an estimated cost
of $183,674; Hansel Ford, Santa Rosa, CA, one (1) truck with
utility body, for an estimated cost of $56,593, and authorizing
the Purchasing Manager to issue purchase orders for a total
estimated cost of $240,267. (For use in the following divisions:
Org 5612 Bus Maintenance, one (1) truck with utility body and
crane, for an est. cost of $92,757. Org 5016 Water Operations &
Service / Meter Install, three (3) trucks with utility body, for
an est. cost of $90,917. Org 5812 Fleet Maintenance, one (1)
truck with utility body, for an est. cost of $56,593.)
(click HERE to
view staff report)
• Resolution authorizing the award of bid and contract for the
purchase of five (5) trucks with utility bodies for the Public
Works Department, Fleet Services Division, to the following
companies: San Francisco Ford, Lincoln, Mercury, San Francisco,
CA, four (4) trucks with utility bodies, for an estimated cost
of $183,674; Hansel Ford, Santa Rosa, CA, one (1) truck with
utility body, for an estimated cost of $56,593, and authorizing
the Purchasing Manager to issue purchase orders for a total
estimated cost of $240,267 recommended.
Finance; Meagan Torres, 571-5839,
mtorres@modestogov.com
26. Consider approving a
Resolution relating to the Water Refunding Revenue Certificates
of Participation, Series 2008 which approves the form of the
various documents related to this transaction and authorizes
both the release of the Official Statement and the execution of
the various agreements related to this transaction.
(click HERE to
view staff report)
(click HERE to
view staff report - attachment)
(click HERE to
view staff report - attachment)
(click HERE to
view staff report - attachment)
(click HERE to
view staff report - attachment)
(click HERE to
view staff report - attachment)
• Resolution of the City Council of the City of Modesto relating
to Water refunding revenue certificates of participation, 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 related actions recommended.
Finance; Wayne Padilla, 577-5369,
wpadilla@modestogov.com
MATTERS TOO LATE FOR THE AGENDA
These may be presented by
members of the City Council and staff upon determination by a
majority vote that an emergency exists, as defined by State law,
or by a 2/3 vote that (1) there is a need to take immediate
action, and (2) that the need for action came to the City’s
attention after the agenda was posted.
ADJOURNMENT
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P.O. Box 642, Modesto, CA 95353