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Tenth Street Place, 1010 Tenth Street, Modesto, California


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The following draft minutes are scheduled for approval at the next regular City Council meeting.

MINUTES

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

Tuesday, May 6, 2008, at 5:30 p.m.

Roll Call – Present: Councilmembers Hawn, Keating, Lopez, Marsh, Olsen,
Mayor Ridenour
Absent: O’Bryant

Pledge of Allegiance to the Flag

Invocation: Aaron Yanagi, Bethel Church

City Clerk’s Announcements – Items 27, 28 and 32 continued to May 13, 2008

Declaration of Conflicts of Interest – Mayor Ridenour - Item 18; Lopez - Item 25

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


ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Presentation by William A. Covino, the Provost at California State University, Stanislaus.
Clerk; Stephanie Lopez, 577-5397, slopez@modestogov.com

ACTION: Presentation made by William A. Covino, the Provost at California State University, Stanislaus in support of higher education.

2. Presentation to the Stanislaus County Asthma Coalition proclaiming May 2008 Asthma Awareness Month.
City Manager; Kathy Espinoza, 577-5223, kespinoza@modestogov.com

ACTION: Presentation made by Mayor Ridenour to the Stanislaus County Asthma Coalition proclaiming May 2008 Asthma Awareness Month.

3. Proclamation declaring May 5-11, 2008 Building Safety Week.
Community & Economic Development; Debbie Magdaleno, 577-5473, dmagdaleno@modestogov.com

ACTION: Presentation made by Mayor Ridenour declaring May 5-11, 2008 Building Safety Week.

4. Presentation of Proclamation declaring May 4-10, 2008 as International Compost Awareness Week.
Parks, Recreation & Neighborhoods; Nathan Gorth, 538-2557, ngorth@modestogov.com

ACTION: Presentation made by Mayor Ridenour declaring May 4-10, 2008 as International Compost Awareness Week.

MISCELLANEOUS
Legislation
Appointments
Other

5. Consider accepting with regret the resignation of Jean-Pierre Batmale from the Solid Waste Advisory Committee.
• Resolution accepting with regret the resignation of Jean-Pierre Batmale from the Solid Waste Advisory Committee recommended.
City Manager; Esther Puckett, 571-5101, epuckett@modestogov.com

ACTION: By Resolution 2008-246 (Marsh/Hawn;unan O’Bryant absent) accepting with regret the resignation of Jean-Pierre Batmale from the Solid Waste Advisory Committee.

6. Consider accepting with regret the resignation of Lloyd Farris from the Community Qualities Forum.
• Resolution accepting with regret the resignation of Lloyd Farris from the Community Qualities Forum recommended.
City Manager; Esther Puckett, 571-5101, epuckett@modestogov.com

ACTION: Resolution 2008-247 (Marsh/Hawn;unan O’Bryant absent) accepting with regret the resignation of Lloyd Farris from the Community Qualities Forum.

7. Consider appointing Tom Slater, Lee Hedgepeth and Gene Hays as representatives of the Citizens Redevelopment Advisory Commission, to the Citizens Housing & Community Development Committee with term expirations of January 1, 2012.
• Resolution appointing members of the Citizens Redevelopment Advisory Commission to the Citizens Housing & Community Development Committee recommended.
City Manager; Esther Puckett, 571-5101, epuckett@modestogov.com

ACTION: Resolution 2008-248 (Marsh/Hawn;unan O’Bryant absent) appointing members of the Citizens Redevelopment Advisory Commission to the Citizens Housing & Community Development Committee.

PUBLIC COMMENT PERIOD
Three minute time limit per speaker

Bishop Bergstrom commented about gang violence in Modesto.
Jeremiah Williams invited to march starting at the Stanislaus County Courthouse on May 24, 2008 to stop gang violence and encourage citizens to speak up.
Armando Flores spoke regarding the West Park project in Stanislaus County.
Unknown gentleman spoke about community effort against gang violence in Modesto; action plan needed to deal with violence among youth.
Debra Lenser spoke regarding their property on Coffee Road.
Dan Nickles, KD Land & Cattle Company, spoke regarding the salaries of Mayor and Council.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED: Items 8 through 24

ACTION ITEMS 8-17,19-24: (Marsh/Hawn;unan O’Bryant absent)

ACTION ITEM 18: (Hawn/Marsh;unan O’Bryant, Ridenour absent)

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

CONSENT
8. Consider approval of the minutes of the regular City Council meeting of April 22, 2008.
• Motion approving recommended.
Clerk; Stephanie Lopez, 577-5397, slopez@modestogov.com

ACTION: By Motion (Marsh/Hawn;unan O’Bryant absent) approving the minutes of the regular City Council meeting of April 22, 2008.

CONSENT
9. Consider approving final adoption of Ordinance 3486-C.S. amending Chapter 16 of Title 4 of the Modesto Municipal Code relating to Shopping Cart Regulations.
• Motion approving final adoption of Ordinance 3486-C.S. amending Chapter 16 of Title 4 of the Modesto Municipal Code relating to Shopping Cart Regulations recommended.
Clerk; Stephanie Lopez, 577-5397, slopez@modestogov.com

ACTION: By Motion (Marsh/Hawn;unan O’Bryant absent) approving final adoption of Ordinance 3486-C.S. amending Chapter 16 of Title 4 of the Modesto Municipal Code relating to Shopping Cart Regulations.

CONSENT
10. Consider extending the financial audit contract with Maze & Associates for one year and authorizing the Interim City Manager to execute the Amendment.
• Resolution approving a Seventh Amendment to Agreement for Auditor Services with Maze & Associates to extend the contract term one year, at a cost not to exceed $159,645 for the Fiscal Year 2008 audit, along with the City’s Annual Report of Financial Transactions (State Controller’s Report) at a cost of $7,510, and authorizing the Interim City Manager to execute the Amendment recommended.
Clerk; Stephanie Lopez, 577-5397, slopez@modestogov.com

ACTION: Resolution 2008-249 (Marsh/Hawn;unan O’Bryant absent) approving a Seventh Amendment to Agreement for Auditor Services with Maze & Associates to extend the contract term one year, at a cost not to exceed $159,645 for the Fiscal Year 2008 audit, along with the City’s Annual Report of Financial Transactions (State Controller’s Report) at a cost of $7,510, and authorizing the Interim City Manager to execute the Amendment.

CONSENT
11. Consider approving an agreement for consulting services with National Demographics Corporation.
• Resolution approving an agreement for Consulting Services with National Demographics Corporation; and authorizing the Interim City Manager, or his designee, to execute the Agreement.
Attorney; Susana Alcala Wood, 577-5284, swood@modestogov.com

ACTION: Resolution 2008-250 (Marsh/Hawn;unan O’Bryant absent) approving an agreement for Consulting Services with National Demographics Corporation; and authorizing the Interim City Manager, or his designee, to execute the Agreement.

CONSENT
12. Consider accepting the public improvements for the Cambrook Estates Subdivision in the Village One Specific Plan Area. (Owner: GP Land Investment Company, a California Limited Liability Company)
• Resolution accepting the public improvements for the Cambrook Estates Subdivision in the Village One Specific Plan Area, authorizing the City Clerk to file a Notice of Completion and to release securities upon expiration of statutory periods recommended.
Community & Economic Development; Dan England, 571-5589, dengland@modestogov.com

ACTION: Resolution 2008-251 (Marsh/Hawn;unan O’Bryant absent) accepting the public improvements for the Cambrook Estates Subdivision in the Village One Specific Plan Area, authorizing the City Clerk to file a Notice of Completion and to release securities upon expiration of statutory periods.


CONSENT
13. Consider approving the Final Map and accepting the Public Improvements for the Graham Estates Subdivision in the Village One Specific Plan Area (Owners: Graham Estates, LLC).
• Resolution approving the Final Map and accepting the Public Improvements for the Graham Estates Subdivision in the Village One Specific Plan Area of the City of Modesto, authorizing the Interim City Manager to execute a subdivision agreement with Graham Estates, LLC, and authorizing the City Clerk to file a Notice of Completion, and to release security upon expiration of statutory periods recommended.
Community & Economic Development; Dan England, 571-5589, dengland@modestogov.com

ACTION: Resolution 2008-252 (Marsh/Hawn;unan O’Bryant absent) approving the Final Map and accepting the Public Improvements for the Graham Estates Subdivision in the Village One Specific Plan Area of the City of Modesto, authorizing the Interim City Manager to execute a subdivision agreement with Graham Estates, LLC, and authorizing the City Clerk to file a Notice of Completion, and to release security upon expiration of statutory periods.

CONSENT
14. Consider approving Task Order No. 2 to the Master Professional Services Agreement for Consultant Services with Goodwin Consulting Group, Inc. for the annual administration of Community Facilities District No. 2007-2 (Kiernan Business Park West).
• Resolution approving Task Order No. 2 to the Master Professional Services Agreement for Consultant Services with Goodwin Consulting Group, Inc. for the annual administration of Community Facilities District No. 2007-2 (Kiernan Business Park West) and authorizing the Interim City Manager to execute Task Order No. 2 recommended.
Community & Economic Development; Tina Rocha, 577-5211, trocha@modestogov.com

ACTION: Resolution 2008-253 (Marsh/Hawn;unan O’Bryant absent) approving Task Order No. 2 to the Master Professional Services Agreement for Consultant Services with Goodwin Consulting Group, Inc. for the annual administration of Community Facilities District No. 2007-2 (Kiernan Business Park West) and authorizing the Interim City Manager to execute Task Order No. 2.

CONSENT
15. Consider accepting the Monthly Budget Adjustment Report for May 2008.
• Resolution amending the FY 2007-2008 annual budget recommended.
Finance; Wayne Padilla, 577-5369, wpadilla@modestogov.com

ACTION: Resolution 2008-254 (Marsh/Hawn;unan O’Bryant absent) amending the FY 2007-2008 annual budget.

CONSENT
16. Consider accepting the Monthly Investment Report for March 2008.
• Motion acknowledging receipt and accepting the Monthly Investment Report for March 2008 recommended.
Finance; Wayne Padilla, 577-5369, wpadilla@modestogov.com

ACTION: By Motion (Marsh/Hawn;unan O’Bryant absent) acknowledging receipt and accepting the Monthly Investment Report for March 2008.

CONSENT
17. Consider approving three (3) Request for Proposal (RFP) applications for the City of Modesto to apply to become a “Host City” (start city, finish city or start/finish city) for the fourth annual Amgen Tour of California.
• Resolution approving three (3) Request for Proposal (RFP) applications for the City of Modesto to apply to become a “Host City” (start city, finish city or start/finish city) for the fourth annual Amgen Tour of California, and authorizing the Interim City Manager, or his designee, to sign the application and related documents recommended.
Parks, Recreation & Neighborhoods; Andy Johnson, 571 5582, ajohnson@modestogov.com

ACTION: Resolution 2008-255 (Marsh/Hawn;unan O’Bryant absent) approving three (3) Request for Proposal (RFP) applications for the City of Modesto to apply to become a “Host City” (start city, finish city or start/finish city) for the fourth annual Amgen Tour of California, and authorizing the Interim City Manager, or his designee, to sign the application and related documents.

CONSENT—Mayor Ridenour absent due to conflict of interest
18. Consider approving the plans and specifications for the “Floyd Avenue Improvements from Roselle Avenue to Fine Avenue” project, accepting the bid and approving a $2,072,323.65 contract with George Reed, Inc. for the project titled, “Floyd Avenue Improvements from Roselle Avenue to Fine Avenue.” (Total estimated cost of this project is $3,095,347.85, which includes engineering design, right-of-way acquisition, City force work, construction contingency, and construction administration.)
• Resolution approving the plans and specifications for the “Floyd Avenue Improvements from Roselle Avenue to Fine Avenue” project, accepting the bid and approving a $2,072,323.65 contract with George Reed, Inc. for the project titled, “Floyd Avenue Improvements from Roselle Avenue to Fine Avenue,” and authorizing the Interim District Administrator, or his designee, to execute the contract recommended.
Public Works; Vickey Dion, 571-5542, vdion@modestogov.com

ACTION: Resolution 2008-256 (Hawn/Marsh;unan O’Bryant, Ridenour absent) approving the plans and specifications for the “Floyd Avenue Improvements from Roselle Avenue to Fine Avenue” project, accepting the bid and approving a $2,072,323.65 contract with George Reed, Inc. for the project titled, “Floyd Avenue Improvements from Roselle Avenue to Fine Avenue,” and authorizing the Interim District Administrator, or his designee, to execute the contract.

CONSENT
19. Consider accepting the work by Teichert Construction for the project titled “Roselle Avenue at Floyd Avenue Improvements” 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 $3,120,730.02. (Total project cost is $4,085,773.44, which includes engineering design, land ROW acquisition, city forces, construction contingency and construction administration.) Funding: Community Facilities District No. 2004-1 (Village One #2).
• Resolution increasing the Public Works Director’s authority to issue change orders on the “Roselle Avenue at Floyd Avenue Improvements” project from 8 percent ($225,583.97) to 10.6 percent ($300,930.27) of the original contract price with Teichert Construction recommended.
• Resolution accepting the work by Teichert Construction for the project titled “Roselle Avenue at Floyd Avenue Improvements” 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 $3,120,730.02 recommended.
Public Works; Kris Ohlson, 577-5423, kohlson@modestogov.com

ACTION: Resolution 2008-257 (Marsh/Hawn;unan O’Bryant absent) increasing the Public Works Director’s authority to issue change orders on the “Roselle Avenue at Floyd Avenue Improvements” project from 8 percent ($225,583.97) to 10.6 percent ($300,930.27) of the original contract price with Teichert Construction.

ACTION: Resolution 2008-258 (Marsh/Hawn;unan O’Bryant absent) accepting the work by Teichert Construction for the project titled “Roselle Avenue at Floyd Avenue Improvements” 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 $3,120,730.02.

CONSENT
20. Consider increasing the Public Works Director’s authority to issue change orders on the “Installation of Lighted Crosswalks” project from $25,000.00 to $36,436.05. (Total estimated cost of this project is $237,084.81, which includes construction, city forces, additional contingency, construction administration, and engineering design.) Funding: Congestion Mitigation Air Quality (CMAQ), Gas Tax
• Resolution increasing the Public Works Director’s authority to issue change orders on the “Installation of Lighted Crosswalks” project from $25,000.00 to $36,436.05 recommended.
Public Works; Kris Ohlson, 577-5423, kohlson@modestogov.com

ACTION: Resolution 2008-259 (Marsh/Hawn;unan O’Bryant absent) increasing the Public Works Director’s authority to issue change orders on the “Installation of Lighted Crosswalks” project from $25,000.00 to $36,436.05.

CONSENT
21. Consider accepting certain Kaiser Off-Site Improvements Project and authorizing the City Clerk to file a Notice of Completion.
• Resolution accepting certain Kaiser Off-Site Improvements and authorizing the City Clerk to file a Notice of Completion with the Stanislaus County Recorder and to release securities upon expiration of statutory periods recommended.
Public Works; Robert Eichblatt, 571-5537, beichblatt@modestogov.com

ACTION: Resolution 2008-260 (Marsh/Hawn;unan O’Bryant absent) accepting certain Kaiser Off-Site Improvements and authorizing the City Clerk to file a Notice of Completion with the Stanislaus County Recorder and to release securities upon expiration of statutory periods.

CONSENT
22. Consider approving a Storm Drainage Discharge Agreement between the Modesto Irrigation District (MID) and the City of Modesto to allow disposal of drainage water from a new City pump station into MID Lateral No. 6.
• Resolution approving a Storm Drainage Discharge Agreement between the Modesto Irrigation District (MID) and the City of Modesto to allow disposal of drainage water from a new City pump station into MID Lateral No. 6, and authorizing the Interim City Manager, or his designee, to execute the Agreement recommended.
Public Works; Robert Eichblatt, 571-5537, beichblatt@modestogov.com

ACTION: Resolution 2008-261 (Marsh/Hawn;unan O’Bryant absent) approving a Storm Drainage Discharge Agreement between the Modesto Irrigation District (MID) and the City of Modesto to allow disposal of drainage water from a new City pump station into MID Lateral No. 6, and authorizing the Interim City Manager, or his designee, to execute the Agreement.

CONSENT
23. Consider approving an agreement with Consolidated CM, Inc. (CCM) for construction management services of the Phase 1A Tertiary Wastewater Treatment project in an amount not to exceed $1,123,346.
• Resolution approving an agreement with Consolidated CM, Inc. (CCM) for construction management services of the Phase 1A Tertiary Wastewater Treatment project in an amount not to exceed $1,123,346, and authorizing the Interim City Manager, or his designee, to execute the Agreement recommended.
Public Works; William Wong, 571-5801, wwong@modestogov.com

ACTION: Resolution 2008-262 (Marsh/Hawn;unan O’Bryant absent) approving an agreement with Consolidated CM, Inc. (CCM) for construction management services of the Phase 1A Tertiary Wastewater Treatment project in an amount not to exceed $1,123,346, and authorizing the Interim City Manager, or his designee, to execute the Agreement.

CONSENT
24. Consider approving a trial Modesto Area Express (MAX) bus route to enhance service to the Stanislaus County medical facility located at 401 Paradise Road.
• Resolution approving a trial Modesto Area Express (MAX) bus route to enhance service to the Stanislaus County medical facility located at 401 Paradise Road recommended.
Public Works; Fred Cavanah, 577-5298, fcavanah@modestogov.com

ACTION: Resolution 2008-263 (Marsh/Hawn;unan O’Bryant absent) approving a trial Modesto Area Express (MAX) bus route to enhance service to the Stanislaus County medical facility located at 401 Paradise Road.

COUNCIL COMMENTS & REPORTS

Council Member O'Bryant to comment about the recent gang violence and the Crime Stoppers program.

ACTION: Mayor Ridenour spoke on behalf of Councilmember O’Bryant about the City’s response to recent gang violence and announced the Crime Stoppers phone number is (209) 521-4636.

CITY MANAGER COMMENTS & REPORTS

Interim City Manager Niskanen announced the Community Forum “Break the Silence of Gang Violence” tomorrow night at Modesto High School.

UNFINISHED BUSINESS

Councilmember Lopez absent due to conflict of interest
25. Consider accepting StanCOG’s updated presentation of the City of Modesto expenditure plan for the proposed Transportation Sales Tax Measure as shown in the 20-Year Countywide Transportation Half-Cent Sales Tax Measure Financial Expenditure Plan.
• Motion accepting StanCOG’s updated presentation of the City of Modesto expenditure plan for the proposed Transportation Sales Tax Measure as shown in the 20-Year Countywide Transportation Half-Cent Sales Tax Measure Financial Expenditure Plan recommended.
Public Works; Nick Pinhey, 577-5213, npinhey@modestogov.com

ACTION: By Motion (Hawn/Mayor; Lopez O’Bryant absent) accepting StanCOG’s updated presentation of the City of Modesto expenditure plan for the proposed Transportation Sales Tax Measure as shown in the 20-Year Countywide Transportation Half-Cent Sales Tax Measure Financial Expenditure Plan (with changes to list requested by Council) .

26. Consider authorizing the award of bid and contract for the purchase of eight (8) dump trucks for the Public Works Department, Fleet Services Division, to the following companies: Hansel Ford, Santa Rosa, CA, one (1) dump truck, for an estimated cost of $47,159; Country Ford Trucks, Inc., Ceres, CA, two (2) dump trucks, for an estimated cost of $166,902; Interstate Truck Center, LLC, Stockton, CA, two (2) dump trucks, for an estimated cost of $213,636; Pape Trucks, French Camp, CA, one (1) dump truck, for an estimated cost of $95,075; and Bonander Truck, Turlock, CA, quantity two (2) dump trucks, for an estimated cost of $134,909, and authorizing the Purchasing Manager to issue purchase orders for a total estimated cost of $657,681.
• Resolution authorizing the award of bid and contract for the purchase of eight (8) dump trucks for the Public Works Department, Fleet Services Division, to the following companies: Hansel Ford, Santa Rosa, CA, one (1) dump truck, for an estimated cost of $47,159; Country Ford Trucks, Inc., Ceres, CA, two (2) dump trucks, for an estimated cost of $166,902; Interstate Truck Center, LLC, Stockton, CA, two (2) dump trucks, for an estimated cost of $213,636; Pape Trucks, French Camp, CA, one (1) dump truck, for an estimated cost of $95,075; and Bonander Truck, Turlock, CA, quantity two (2) dump trucks, for an estimated cost of $134,909, and authorizing the Purchasing Manager to issue purchase orders for a total estimated cost of $657,681 recommended.
Finance; Meagan Torres, 571-5839, mtorres@modestogov.com

ACTION: Resolution 2008-264 (Marsh/Keating;unan O’Bryant absent) authorizing the award of bid and contract for the purchase of eight (8) dump trucks for the Public Works Department, Fleet Services Division, to the following companies: Hansel Ford, Santa Rosa, CA, one (1) dump truck, for an estimated cost of $47,159; Country Ford Trucks, Inc., Ceres, CA, two (2) dump trucks, for an estimated cost of $166,902; Interstate Truck Center, LLC, Stockton, CA, two (2) dump trucks, for an estimated cost of $213,636; Pape Trucks, French Camp, CA, one (1) dump truck, for an estimated cost of $95,075; and Bonander Truck, Turlock, CA, quantity two (2) dump trucks, for an estimated cost of $134,909, and authorizing the Purchasing Manager to issue purchase orders for a total estimated cost of $657,681.

Continued to May 13, 2008
27. Consider authorizing the award of bid and contract for the purchase of eighteen (18) pickup trucks for the Public Works Department, Fleet Services Division. (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.)
• 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, quantity two (2) pickup trucks, for an estimated cost of $44,469, Downtown Ford, Sacramento, CA, quantity nine (9) pickup trucks, for an estimated cost of $205,590, Geweke Ford, Lodi, CA, quantity 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

ACTION: By Motion (Keating/Hawn;unan) continued to May 13, 2008.

Continued to May 13, 2008
28. 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 $54,993, and authorizing the Purchasing Manager to issue purchase orders for a total estimated cost of $238,667. (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 $54,993.)
• 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 $54,993, and authorizing the Purchasing Manager to issue purchase orders for a total estimated cost of $238,667 recommended.
Finance; Meagan Torres, 571-5839, mtorres@modestogov.com

ACTION: By Motion (Keating/Hawn;unan) continued to May 13, 2008.

29. Consider authorizing the award of bid and contract for the purchase of two (2) trucks with aerial buckets for the Public Works Department, Fleet Services Division, to Terex Utilities, Inc., Sacramento, CA, and authorizing the Purchasing Manager to issue a purchase order for a total estimated cost of $274,466. (For use in the following Division, Community Forestry Division.)
• Resolution authorizing the award of bid and contract for the purchase of two (2) trucks with aerial buckets for the Public Works Department, Fleet Services Division, to Terex Utilities, Inc., Sacramento, CA, and authorizing the Purchasing Manager to issue a purchase order for a total estimated cost of $274,466 recommended.
Finance; Meagan Torres, 571-5839, mtorres@modestogov.com

ACTION: Resolution 2008-265 (Marsh/Keating;unan O’Bryant absent) authorizing the award of bid and contract for the purchase of two (2) trucks with aerial buckets for the Public Works Department, Fleet Services Division, to Terex Utilities, Inc., Sacramento, CA, and authorizing the Purchasing Manager to issue a purchase order for a total estimated cost of $274,466.

HEARINGS

Published in the Modesto Bee on April 11, 2008
30. Hearing to consider the appeal by Phillip Peterson, of Peterson King Contract Glass, Inc., regarding the determination of Capital Facilities Fees on Building Permit No. BLD2007-53541 located within the City’s Sphere of Influence at 4812 Stratos Way.
• Resolution denying the appeal by Phillip Peterson, of Peterson King Contract Glass, Inc., regarding the determination of Capital Facilities Fees on Building Permit No. BLD2007-53541 located within the City’s Sphere of Influence at 4812 Stratos Way recommended.
Community & Economic Development; Amy S. Gedney, 577-5211, agedney@modestogov.com

ACTION: Resolution 2008-266 (Hawn/Keating;unan Olsen no O’Bryant absent) denying the appeal by Phillip Peterson, of Peterson King Contract Glass, Inc., regarding the determination of Capital Facilities Fees on Building Permit No. BLD2007-53541 located within the City’s Sphere of Influence at 4812 Stratos Way (include interest on amount and bank charge to Appellant).

Published in the Modesto Bee on March 30, 2008 and Vida on April 2, 2008
31. Hearing to consider approving the draft City of Modesto 2008-2009 HUD Annual Action Plan for the use of Community Development Block Grant (CDBG), HOME Partnership Grant (HOME), and Emergency Shelter Grant (ESG) Funds, authorizing submission of an application to the U.S. Department of Housing and Urban Development pertaining to the 2008-2009 Annual Action Plan and authorizing the Interim City Manager, or his designee, to sign the required certifications and documents for submittal to the Department of Housing and Urban Department (HUD).
• Resolution approving the draft City of Modesto 2008-2009 HUD Annual Action Plan for the use of Community Development Block Grant (CDBG), HOME Partnership Grant (HOME), and Emergency Shelter Grant (ESG) Funds, authorizing submission of an application to the U.S. Department of Housing and Urban Development pertaining to the 2008-2009 Annual Action Plan and authorizing the Interim City Manager, or his designee, to sign the required certifications and documents for submittal to the U.S. Department of Housing and Urban Development (HUD) recommended.
Parks, Recreation and Neighborhoods Department; Barbara Kauss, 577-5275, bkauss@modestogov.com

ACTION: Resolution 2008-267 (Marsh/Keating; unan O’Bryant absent) approving the draft City of Modesto 2008-2009 HUD Annual Action Plan for the use of Community Development Block Grant (CDBG), HOME Partnership Grant (HOME), and Emergency Shelter Grant (ESG) Funds, authorizing submission of an application to the U.S. Department of Housing and Urban Development pertaining to the 2008-2009 Annual Action Plan and authorizing the Interim City Manager, or his designee, to sign the required certifications and documents for submittal to the U.S. Department of Housing and Urban Development (HUD).


Published in the Modesto Bee on April 23, 2008; continued to May 13, 2008
32. Hearing to consider adjusting the Airport Rates and Fees for activities and services at the Modesto City-County Airport, effective July 1, 2008, and rescinding Resolution No. 2007-282.
• Resolution adjusting the Airport Rates and Fees for activities and services at the Modesto City-County Airport, effective July 1, 2008, and rescinding Resolution No. 2007-282 recommended.
Public Works; Jerome Thiele, 577-5319, jthiele@modestogov.com

ACTION: By Motion (Keating/Hawn;unan) continued to May 13, 2008.

MATTERS TOO LATE FOR THE AGENDA

None.

ADJOURNMENT

This meeting adjourned at 6:55 p.m.

CLOSED SESSION

PUBLIC EMPLOYEE APPOINTMENT
(Pursuant to Sections 54954.5 and 54957 of the Government Code)
Title: Status of City Auditor Recruitment

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

Property: Acquisition of real property located at
The Stanislaus Resource Recovery Facility
4040 Fink Road, Crows Landing, California

Covanta Stanislaus, Inc., a subsidiary of Covanta Energy, Inc., Owners

Negotiating parties: Eric Tashman, Counsel
Julie Hannon, Acting Parks, Recreation and Neighborhoods Director, for City of Modesto

Under negotiation: Price and terms of sale of property.

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

Agency Negotiators: James E. Niskanen, Interim City Manager
Barbara Santos, Deputy Director of Personnel

Employee Organization: Modesto City Employees Association

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(a) of the Government Code)

Name of case: Bertolotti and Curtin v. City of Modesto, et al.,
Stanislaus County Superior Court Case No. 373350

 

 


 

 




 



 






 

 

 


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