Tuesday January 13, 2009, at 5:30 p.m.

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

Absent: None

Pledge of Allegiance to the Flag

Invocation: Darryl Fair, Renaissance Christian Center

City Clerk’s Announcements – Item 14 Removed from Agenda

Declaration of Conflicts of Interest – None

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

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Presentation of Proclamation to the State Theatre recognizing their 75th anniversary. (Funding Source: Not Applicable)
City Manager; Kathy Espinoza, 571-5597, kespinoza@modestogov.com

ACTION: Mayor Ridenour made Presentation of Proclamation to the State Theatre recognizing their 75th anniversary.

PUBLIC COMMENT PERIOD
Three minute time limit per speaker

Ernie Foote spoke regarding the status of the project on Orangeburg. Mayor Ridenour referred Mr. Foote’s item to staff.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED: Items 2 through 12

ACTION CONSENT ITEMS 2-12: (Lopez/Keating;unan)

CONSENT ITEMS

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

Consent
2. Consider approving the minutes of the regular City Council meeting of January 6, 2009. (Funding Source: Not Applicable)
• Motion approving recommended.
City Clerk; Stephanie Lopez, 577-5396, slopez@modestogov.com

ACTION: Motion (Lopez/Keating;unan) approving the Minutes of the City Council meeting of January 6, 2009.

Consent
3. Consider approving the final adoption of Ordinance 3499-C.S Amending Sections 5-5.108, 5-5.109 and 5-5.111 Of Article 1 of Chapter 5 of Title 5 of the Modesto Municipal Code Relating to Solid Waste, and Sections 11-6.12 and 11-6.15 of Chapter 6 Of Title 11 of the Modesto Municipal Code Relating to Management and Collection of Garbage Service Charges by City-Licensed Garbage Companies (Funding Source: Not Applicable)
• Motion approving the final adoption of Ordinance 3499-C.S Amending Sections 5-5.108, 5-5.109 and 5-5.111 Of Article 1 of Chapter 5 of Title 5 of the Modesto Municipal Code Relating to Solid Waste, and Sections 11-6.12 and 11-6.15 of Chapter 6 Of Title 11 of the Modesto Municipal Code Relating to Management and Collection of Garbage Service Charges by City-Licensed Garbage Companies
City Clerk; Stephanie Lopez, 577-5396, slopez@modestogov.com

ACTION: Motion (Lopez/Keating;unan) approving the final adoption of Ordinance 3499- C.S Amending Sections 5-5.108, 5-5.109 and 5-5.111 Of Article 1 of Chapter 5 of Title 5 of the Modesto Municipal Code Relating to Solid Waste, and Sections 11-6.12 and 11-6.15 of Chapter 6 Of Title 11 of the Modesto Municipal Code Relating to Management and Collection of Garbage Service Charges by City-Licensed Garbage Companies.

Consent
4. Consider approving a policy which will (i) cap the Housing and Urban Development (HUD) funded public service grants at $40,000; (ii) establish a separate award process for fair housing services including a $40,000 cap; and (iii) allocate public service funding for City of Modesto recreation programs. (Funding Source: Community Development Block Grant and Emergency Shelter Grant Funds)
• Resolution approving a policy for the Housing and Urban Development (HUD) funded public service grants to place a cap of $40,000 on public service grant awards, to establish a separate award process for fair housing services including a $40,000 cap, and to allocate public service funding for City of Modesto recreation programs; and authorizing staff to move forward with the changes for fiscal year 2009/2010.
Parks, Recreation & Neighborhoods; Rebecca Blanco, 577-5368, rblanco@modestogov.com

ACTION: Resolution 2009-033 (Lopez/Keating;unan) approving a policy for the Housing and Urban Development (HUD) funded public service grants to place a cap of $40,000 on public service grant awards, to establish a separate award process for fair housing services including a $40,000 cap, and to allocate public service funding for City of Modesto recreation programs; and authorizing staff to move forward with the changes for fiscal year 2009/2010.

Consent
5. Consider amending the contract between the Board of Administration of the California Public Employees’ Retirement System (CalPERS) and the City Council of Modesto to add the Partial Service Retirement Benefit Option (Funding Source: Not Applicable)
• Resolution of Intention to approve an amendment to the contract between the Board of Administration of the California Public Employees’ Retirement System and the City Council of Modesto recommended.
• Motion introducing an Ordinance authorizing an amendment to the contract between the City of Modesto and the Board of Administration of the California Public Employees’ Retirement System recommended.
Personnel; Mary Akin, 577-5251, makin@modestogov.com

ACTION: Resolution 2009-034 (Lopez/Keating;unan) of intention to approve an amendment to the contract between the Board of Administration of the California Public Employees’ Retirement System and the City Council of Modesto.

ACTION: Motion (Lopez/Keating;unan) introducing Ordinance No. 3500-C.S. authorizing an amendment to the contract between the City of Modesto and the Board of Administration of the California Public Employees’ Retirement System.

Consent
6. Consider amending the Position Classification Plan to revise the classification of Water Resource Specialist. (Funding Source: Not Applicable)
• Resolution amending the Position Classification Plan to revise the job specification for Water Resource Specialist recommended.
Personnel; Cherree Platt, 577-5439, cplatt@modestogov.com

ACTION: Resolution 2009-035 (Lopez/Keating;unan) amending the Position Classification Plan to revise the job specification for Water Resource Specialist.

Consent
7. Consider accepting the Governor’s Office of Emergency Services (OES) Anti-Drug Abuse Program of $298,739 for the Stanislaus Drug Enforcement Agency (SDEA) to combat major drug trafficking and manufacturing. (Funding Source: Stanislaus Drug Enforcement Agency )
• Resolution approving an Office of Emergency Services (OES) Anti-Drug Abuse Program Grant of $298,739 for the Stanislaus Drug Enforcement Agency (SDEA) to combat major drug trafficking and manufacturing, and authorizing the City Manager, or his designee, to execute the necessary program documents recommended.
• Resolution amending the Fiscal Year 2008/2009 Multi-Year Budget to appropriate revenues and expenditures of $298,739 from the Office of Emergency Services (OES) for the Stanislaus Drug Enforcement Agency (SDEA) to combat major drug trafficking and manufacturing recommended.
Police; Roy W. Wasden, 572-9501, wasdenr@modestopd.com

ACTION: Resolution 2009-036 (Lopez/Keating;unan) approving an Office of Emergency Services (OES) Anti-Drug Abuse Program Grant of $298,739 for the Stanislaus Drug Enforcement Agency (SDEA) to combat major drug trafficking and manufacturing, and authorizing the City Manager, or his designee, to execute the necessary program documents.

ACTION: Resolution 2009-037 (Lopez/Keating;unan) amending the Fiscal Year 2008/2009 Multi-Year Budget to appropriate revenues and expenditures of $298,739 from the Office of Emergency Services (OES) for the Stanislaus Drug Enforcement Agency (SDEA) to combat major drug trafficking and manufacturing.

Consent
8. Consider accepting the Office of Traffic Safety (OTS) Sobriety Checkpoint Program Mini-grant for $17,896. (Funding Source: Grant Fund Revenues )
• Resolution accepting a mini grant in the amount of $17,895.76 from the Office of Traffic Safety (OTS) Sobriety Checkpoint Mini-grant Program, to conduct sobriety checkpoints, and authorizing the City Manager, or his designee, to execute the necessary program documents recommended.
• Resolution amending the Fiscal Year 2008/2009 Multi-Year Budget to appropriate revenues and expenditures of $17,895.76 to conduct sobriety checkpoints recommended.
Police; Roy W. Wasden, 572-9501, wasdenr@modestopd.com

ACTION: Resolution 2009-038 (Lopez/Keating;unan) accepting a mini grant in the amount of $17,895.76 from the Office of Traffic Safety (OTS) Sobriety Checkpoint Mini-grant Program, to conduct sobriety checkpoints, and authorizing the City Manager, or his designee, to execute the necessary program documents.

ACTION: Resolution 2009-039 (Lopez/Keating;unan) amending the Fiscal Year 2008/2009 Multi-Year Budget to appropriate revenues and expenditures of $17,895.76 to conduct sobriety checkpoints.

Consent
9. Consider approving the Prospective Bidder Prequalification Appeals Panel, including a Councilmember appointed by the Mayor to observe any appeal hearings, for the Emerald Trunk Rehabilitation Project. (Funding Source: Not Applicable)
• Resolution approving the Prospective Bidder Prequalification Appeals Panel for the Emerald Trunk Rehabilitation Project consisting of Nicholas Pinhey, Public Works Director, Richard Ulm, Public Works Deputy Director, and Mark Averell, Purchasing Manager recommended.
Public Works; Violet Jakab, 571-5869, vjakab@modestogov.com

ACTION: Resolution 2009-040 (Lopez/Keating;unan) approving the Prospective Bidder Prequalification Appeals Panel for the Emerald Trunk Rehabilitation Project consisting of Nicholas Pinhey, Public Works Director, Richard Ulm, Public Works Deputy Director, and Mark Averell, Purchasing Manager.

Consent
10. Consider approving the Fourth Amendment to Agreement with Geological Technics, Inc. for Environmental Consultant Services for the Police Headquarters Building at 10th and G Streets. (Funding Source: Water Fund-CIP)
• Resolution approving the Fourth Amendment to Agreement with Geological Technics, Inc. for Environmental Consultant Services for the Police Headquarters Building at 10th & G Street Project, in an amount not to exceed $9,340 and authorizing the City Manager, or his designee, to execute the Fourth Amendment to Agreement recommended.
• Resolution amending the FY 08-09 Capital Improvement Program budget in order to fully fund the Fourth Amendment to Agreement with Geological Technics, Inc. for the Environmental Consultant Services for the Police Headquarters Building at 10th & G Street Project by decreasing Object 6041-City Forces by $10,000 and increasing Object 6040-Construction by the same amount in CIP Account 6180-480-W615 “Modesto System Improvements-Secondary” for additional design and construction administration staff charges needed for project completion. recommended.
Public Works; Kris Ohlson, 577-5423, kohlson@modestgov.com

ACTION: Resolution 2009-041 (Lopez/Keating;unan) approving the Fourth Amendment to Agreement with Geological Technics, Inc. for Environmental Consultant Services for the Police Headquarters Building at 10th & G Street Project, in an amount not to exceed $9,340 and authorizing the City Manager, or his designee, to execute the Fourth Amendment to Agreement.

ACTION: Resolution 2009-042 (Lopez/Keating;unan) amending the FY 08-09 Capital Improvement Program budget in order to fully fund the Fourth Amendment to Agreement with Geological Technics, Inc. for the Environmental Consultant Services for the Police Headquarters Building at 10th & G Street Project by decreasing Object 6041-City Forces by $10,000 and increasing Object 6040-Construction by the same amount in CIP Account 6180-480-W615 “Modesto System Improvements-Secondary” for additional design and construction administration staff charges needed for project completion.

Consent
11. Consider approving an Agreement with Kimley-Horn and Associates, Inc. (KHA) to provide design and construction management services for Apron Rehabilitation Design - Phase 2 for Modesto City-County Airport. (Funding Source: Federal Aviation Administration and Airport Fund)
• Resolution approving an agreement with Kimley-Horn and Associates, Inc. to provide design and construction management services for Apron Rehabilitation Design - Phase 2 for the Modesto City-County Airport in the amount of $112,365, and authorizing the City Manager, or his designee, to execute the Agreement recommended.
Public Works; Jerome Thiele, 577-5319, jthiele@modestogov.com

ACTION: Resolution 2009-043 (Lopez/Keating;unan) approving an agreement with Kimley-Horn and Associates, Inc. to provide design and construction management services for Apron Rehabilitation Design - Phase 2 for the Modesto City-County Airport in the amount of $112,365, and authorizing the City Manager, or his designee, to execute the Agreement.

Consent
12. Consider approving an Agreement with Kimley-Horn and Associates, Inc. (KHA) to provide design services and assist the City with advertising to Enhance Runway 10R Safety Area for Modesto City-County Airport (Funding Source: Federal Aviation Admin and Passenger Facility Charges or Airport Reserves)
• Resolution approving an Agreement with Kimley-Horn and Associates, Inc. to provide design services and assist the City with advertising to Enhance Runway 10R Safety Area for the Modesto City-County Airport in the amount of $110,000, and authorizing the City Manager, or his designee, to execute the Agreement recommended.
Public Works; Jerome Thiele, 577-5319, Jthiele@modestogov.com

ACTION: Resolution 2009-044 (Lopez/Keating;unan) approving an Agreement with Kimley-Horn and Associates, Inc. to provide design services and assist the City with advertising to Enhance Runway 10R Safety Area for the Modesto City-County Airport in the amount of $110,000, and authorizing the City Manager, or his designee, to execute the Agreement.

COUNCIL COMMENTS & REPORTS

None.

CITY MANAGER COMMENTS & REPORTS

None.

UNFINISHED BUSINESS

13. Consider approving the plans and specifications for the State Route 219 Widening from West of Dale Road to Morrow Road project, accepting the bid and approving a $3,349,138.40 contract with George Reed, Inc. for the State Route 219 Widening from West of Dale Road to Morrow Road project conditioned upon the confirmation that State funds will be available when needed. (Total estimated project cost: $4.7 million.) (Funding Source: State Improvement Program, Developer Contribution, CMAQ Funds)
• Resolution approving plans and specifications for the State Route 219 Widening from West of Dale Road to Morrow Road project, accepting the bid and approving a $3,349,138.40 contract with George Reed, Inc. for the State Route 219 Widening from West of Dale Road to Morrow Road project conditioned upon receiving, within 120 days of this action, confirmation that State funding is available for the project, and authorizing the City Manager, or his designee, to execute the contract after the City has received confirmation that State funds are available for the project recommended.
• Resolution amending the Fiscal Year 2008-2009 Capital Improvement Program budget in order to provide funding necessary for construction contingencies by transferring funds from Object 6040-Construction to Object 6050-Contingency in the amount of $155,214 in CIP Account 2370-430-H930 “Dale/Kiernan Intersection Improvements” recommended.
Public Works; Richard Ulm, 577-5215, rulm@modestogov.com

ACTION: Resolution 2009-045 (Hawn/Marsh;unan) approving plans and specifications for the State Route 219 Widening from West of Dale Road to Morrow Road project, accepting the bid and approving a $3,349,138.40 contract with George Reed, Inc. for the State Route 219 Widening from West of Dale Road to Morrow Road project conditioned upon receiving, within 120 days of this action, confirmation that State funding is available for the project, and authorizing the City Manager, or his designee, to execute the contract after the City has received confirmation that State funds are available for the project.

ACTION: Resolution 2009-046 (Hawn/Marsh;unan) amending the Fiscal Year 2008-2009 Capital Improvement Program budget in order to provide funding necessary for construction contingencies by transferring funds from Object 6040-Construction to Object 6050-Contingency in the amount of $155,214 in CIP Account 2370-430-H930 “Dale/Kiernan Intersection Improvements.”

Removed from Agenda
14. Consider approving an Agreement with Harris & Associates for Professional Services related to the Proposition 218 Process for Water Rates. (Funding Source: Water Fund-CIP)
• Resolution approving an Agreement with Harris & Associates for Professional Services Related to the Proposition 218 Process for Water Rates, in the not-to-exceed amount of $43,800 for the identified scope of services, plus $4,380 for additional services (if needed), for a maximum total amount of $48,180, and authorizing the City Manager, or his designee, to execute the Agreement recommended.
Public Works; Stevan Stroud, 341-2914, sstroud@modestogov.com

ACTION: Removed from Agenda.

HEARINGS

Published in the Modesto Bee on January 3, 2009
15. Consider amending Modesto Municipal Code Section 8-1.206 for a one year period to allow capital facilities fees for single family residential to be due and payable at the time of final occupancy and to authorize the City Manager, or his designee, to enter into Deferred Payment Agreements and Notice of Liens with applicants. (Funding Source: Capital Facilities Fees)
• Resolution approving the deferral of Capital Facilities Fees (CFF) until issuance of any Certificate of Occupancy for a period of one year, and authorizing the City Manager, or his designee, to enter into Deferred Payment Agreements and Notice of Liens with applicants recommended.
• Motion introducing an Ordinance amending Section 8-1.206 of Article 2 of Chapter 1 of Title 8 of the Modesto Municipal Code to allow Capital Facilities Fees (CFF) for single family residential to be due and payable at the time of issuance of any Certificate of Occupancy, for a period of one year from the date the ordinance goes into effect recommended.
Community & Economic Development; Amy Gedney, 571-5501, agedney@modestogov.com

ACTION: Resolution 2009- 047 (Hawn/Lopez;unan) approving the deferral of Capital Facilities Fees (CFF) until issuance of any Certificate of Occupancy for a period of one year, and authorizing the City Manager, or his designee, to enter into Deferred Payment Agreements and Notice of Liens with applicants.

ACTION: Motion (Hawn/Lopez;unan) introducing Ordinance No. 3501-C.S. amending Section 8-1.206 of Article 2 of Chapter 1 of Title 8 of the Modesto Municipal Code to allow Capital Facilities Fees (CFF) for single family residential to be due and payable at the time of issuance of any Certificate of Occupancy, for a period of one year from the date the ordinance goes into effect.

NEW BUSINESS

16. Consider accepting the City of Modesto’s Equal Opportunity Plan Status Report for fiscal year 2007-2008. (Funding Source: Not Applicable)
• Motion accepting the City of Modesto’s Equal Opportunity Plan Status Report for Fiscal Year 2007-2008 recommended.
Personnel; Anna Gallego, 577-5466, bsantos@modestogov.com

ACTION: Motion (Hawn/Marsh;unan) accepting the City of Modesto’s Equal Opportunity Plan Status Report for fiscal year 2007-2008.

MATTERS TOO LATE FOR THE AGENDA

None.

ADJOURNMENT

This meeting adjourned at 6:00 p.m.

CLOSED SESSION

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION One Case (Pursuant to Section 54956.9(a) of the Government Code)
Name of case: Daniel Perez v. City of Modesto, et al., Stanislaus County Superior Court, Case No. 610831.