Tuesday February 3, 2009, 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: Michael Douglass, Advancing Vibrant Communities

City Clerk’s Announcements – Item 9 Removed from Consent
                                         Item 17 Removed from Agenda

Declaration of Conflicts of Interest – Marsh Item 16

Reports from Closed Session – City Attorney Wood announced Closed Session matters

ACKNOWLEDGEMENTS AND PRESENTATIONS

1. Presentation of Proclamation proclaiming February 1, 2009 as Reconciliation Day and February 2009 as Reconciliation Month (Funding Source: Not Applicable)
City Manager; Kathy Espinoza, 571-5597, kespinoza@modestogov.com

ACTION: Mayor Ridenour made presentation of proclamation proclaiming February 1, 2009 as Reconciliation Day and February 2009 as Reconciliation Month.

2. Presentation by Andy Johnson, Parks, Recreation & Neighborhoods, with update on the Amgen Tour Stage 3 Finish in Modesto on Tuesday, February 17, 2009. (Funding Source: Not Applicable)
Parks, Recreation & Neighborhoods; Andy Johnson, 571-5582, ajohnson@modestogov.com

ACTION: Presentation made by Julie Hannon, Parks, Recreation & Neighborhoods, and Jennifer Mullen, Modesto Convention & Visitors Bureau, with an update on the Amgen Tour Stage 3 Finish in Modesto on Tuesday, February 17, 2009.

PUBLIC COMMENT PERIOD
Three minute time limit per speaker

Daniel Hinchman spoke regarding an altercation last year. Mayor Ridenour referred Mr. Hinchman to the District Attorney and asked him to speak with the Police Chief.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED: Items 3 through 15

ACTION CONSENT ITEMS 3-8; 10-15 (Lopez/Marsh;unan O’Bryant absent)

ACTION Item 9: (Keating/Lopez;unan O’Bryant absent)

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 January 27, 2009 (Funding Source: Not Applicable)
• Motion approving recommended.
City Clerk; Stephanie Lopez, 577-5396, slopez@modestogov.com

ACTION: Motion (Lopez/Marsh;unan O’Bryant absent) approving the Minutes of the City Council meeting of January 27, 2009.

Consent
4. Consider approving the final adoption of Ordinance 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 (CALPERS) to provide Section 2118 (Partial Service Retirement) for Local Miscellaneous Members (Funding Source: Not Applicable)
• Motion approving the final adoption of Ordinance 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 (CALPERS) to provide Section 2118 (Partial Service Retirement) for Local Miscellaneous Members recommended.
City Clerk; Stephanie Lopez, 577-5396, slopez@modestogov.com

ACTION: Motion (Lopez/Marsh;unan O’Bryant absent) approving the final adoption of Ordinance 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 (CALPERS) to provide Section 2118 (Partial Service Retirement) for Local Miscellaneous Members.

Consent
5. Consider approving the final adoption of Ordinance 3503-C.S an Ordinance Adding Article 9 Entitled “Wastewater Treatment Capacity Banking and Transfer” to Chapter 6 of Title 5 of the Modesto Municipal Code (Funding Source: Not Applicable)
• Motion approving the final adoption of Ordinance 3503-C.S an Ordinance Adding Article 9 Entitled “Wastewater Treatment Capacity Banking and Transfer” to Chapter 6 of Title 5 of the Modesto Municipal Code recommended.
City Clerk; Stephanie Lopez, 577-5396, slopez@modestogov.com

ACTION: Motion (Lopez/Marsh;unan O’Bryant absent) approving the final adoption of Ordinance 3503-C.S an Ordinance Adding Article 9 Entitled “Wastewater Treatment Capacity Banking and Transfer” to Chapter 6 of Title 5 of the Modesto Municipal Code.

Consent
6. Consider authorizing the City Manager to execute a Cooperative Agreement with Caltrans for the preparation of Plans, Specifications and Estimates for the State Route 99/Pelandale Avenue Interchange. (Funding Source: Not Applicable)
• Resolution approving the Cooperative Agreement between the City of Modesto and the California State Department of Transportation (Caltrans) for the preparation of plans specifications and estimates (PS&E) for State Route 99/Pelandale Avenue Interchange Reconstruction Project and authorizing the City Manager, or his designee, to execute the Agreement recommended.
Community & Economic Development; Bill Sandhu, 577-5356, bsandhu@modestogov.com

ACTION: Resolution 2009- 058 (Lopez/Marsh;unan O’Bryant absent) approving the Cooperative Agreement between the City of Modesto and the California State Department of Transportation (Caltrans) for the preparation of plans specifications and estimates (PS&E) for State Route 99/Pelandale Avenue Interchange Reconstruction Project and authorizing the City Manager, or his designee, to execute the Agreement.

Consent
7. Consider accepting the public improvements for the Village One Town Center Homes Subdivision in the Village One Specific Plan Area, located at the northeast corner of Roselle Avenue and Belharbour Drive. (Owner: Housing Authority of the County of Stanislaus) (Funding Source: Not Applicable)
• Resolution accepting the public improvements for the Village One Town Center Homes 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 2009-059 (Lopez/Marsh;unan O’Bryant absent) accepting the public improvements for the Village One Town Center Homes 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
8. Consider approving the Monthly Budget Adjustment Report - January 2009. (Funding Source: Various Funds)
• Resolution amending the Fiscal Year 2008-2009 budget recommended.
Finance Department; Wayne Padilla, 577-5369, wpadilla@modestogov.com

ACTION: Resolution 2009-060 (Lopez/Marsh;unan O’Bryant absent) amending the Fiscal Year 2008-2009 budget.

Removed from Consent
9. Consider approving the removal of the landmark status from Fire Station 2, located at 629 2nd Street as recommended by the Landmark Preservation Commission and disposal of the site. (Funding Source: General Fund)
• Resolution authorizing the removal of the landmark status for the property located at 629 2nd Street, Modesto, CA recommended.
• Resolution declaring the Fire Station located at 629 2nd Street, Modesto, surplus and authorizing the demolition recommended.
• Resolution authorizing the sale of the property located at 629 2nd Street, Modesto recommended.
Fire; Lori Martinez, 572-9590, lmartinez@modestofire.com

ACTION: Motion (Keating/Lopez;unan O’Bryant absent) recommending staff return matter to Council on February 24, 2009.

Consent
10. Consider awarding a contract to Scott’s PPE Recon of Lodi, CA for personal protective equipment (PPE) care and maintenance services. This will bring the City’s Fire Department into compliance with current OSHA and NFPA standards. This is a two (2) year agreement with three (3) one-year extension options for an estimated annual cost of $25,000. (Funding Source: General Fund) (Funding Source: General Fund)
• Resolution awarding a contract for personal protective equipment care and maintenance services for the Modesto Fire Department to Scott’s PPE Recon of Lodi, CA for a two (2) year agreement with three (3) one-year extension options, for an estimated annual cost of $25,000 recommended.
Fire; Lori Martinez, 572-9590, lmartinez@modestofire.com

ACTION: Resolution 2009-061 (Lopez/Marsh;unan O’Bryant absent) awarding a contract for personal protective equipment care and maintenance services for the Modesto Fire Department to Scott’s PPE Recon of Lodi, CA for a two (2) year agreement with three (3) one-year extension options, for an estimated annual cost of $25,000.

Consent
11. Consider issuing formal Request for Bids (RFB) for personal protective equipment (PPE), for a two (2) year agreement, with three (3), one-year extension options at the sole discretion of the City, at an estimated annual cost of $100,000.00. (Funding Source: General Fund)
• Resolution authorizing the issuance of a formal Request for Bids (RFB) for personal protective equipment (PPE) for the Modesto Fire Department, for a two (2) year agreement, with three (3), one-year extension options at the sole discretion of the City, at an estimated annual cost of $100,000.00 recommended.
Fire; Lori Martinez, 572-9590, lmartinez@modestofire.com

ACTION: Resolution 2009-062 (Lopez/Marsh;unan O’Bryant absent) authorizing the issuance of a formal Request for Bids (RFB) for personal protective equipment (PPE) for the Modesto Fire Department, for a two (2) year agreement, with three (3) one-year extension options at the sole discretion of the City, at an estimated annual cost of $100,000.00.

Consent
12. Consider authorizing Agreements with various vendors for the repair of Fire Department engines and trucks at an annual estimated cost of $110,000. (Agreements are for two years with three one-year extensions for a total cost over five years of $550,000.) (Funding Source: General Fund)
• Resolution authorizing the award of bid and approving a two (2) year Agreement with AG Transmission for Allison Transmission repairs, with three (3) one-year extension options, for an estimated annual cost of $20,000, and potential five (5) year cost of $100,000, and authorizing the City Manager, or his designee, to execute the Agreement recommended.
• Resolution authorizing the award of bid and approving a two (2) year Agreement with Interstate Truck Center for International Engine repairs, with three (3) one-year extension options, for an estimated annual cost of $20,000, and potential five (5) year cost of $100,000, and authorizing the City Manager, or his designee, to execute the Agreement recommended.
• Resolution authorizing the award of bid and approving a two (2) year Agreement with R & L Diesel for Detroit Diesel repairs, with three (3) one-year extension options, for an estimated annual cost of $40,000, and potential five (5) year cost of $200,000, and authorizing the City Manager, or his designee, to execute the Agreement recommended.
• Resolution authorizing the award of bid and approving a two (2) year Agreement with Burtons Fire Apparatus for Pierce Fire Apparatus repairs, with three (3) one-year extension options, for an estimated annual cost of $20,000, and potential five (5) year cost of $100,000, and authorizing the City Manager, or his designee, to execute the Agreement recommended.
• Resolution authorizing the award of bid and approving a two (2) year Agreement with Hi-Tech Emergency Vehicle Systems for Waterous Water Pump repairs, with three (3) one-year extension options, for an estimated annual cost of $5,000, and potential five (5) year cost of $25,000, and authorizing the City Manager, or his designee, to execute the Agreement recommended
• Resolution authorizing the award of bid and approving a two (2) year Agreement with Hi-Tech Emergency Vehicle Systems for FoamPro Systems repairs, with three (3) one-year extension options, for an estimated annual cost of $5,000, and potential five (5) year cost of $25,000, and authorizing the City Manager, or his designee, to execute the Agreement recommended.
Fire; Lori Martinez, 572-9590, lmartinez@modestofire.com

ACTION: Resolution 2009-063 (Lopez/Marsh;unan O’Bryant absent) authorizing the award of bid and approving a two (2) year Agreement with AG Transmission for Allison Transmission repairs, with three (3) one-year extension options, for an estimated annual cost of $20,000, and potential five (5) year cost of $100,000, and authorizing the City Manager, or his designee, to execute the Agreement.

ACTION: Resolution 2009-064(Lopez/Marsh;unan O’Bryant absent) authorizing the award of bid and approving a two (2) year Agreement with Interstate Truck Center for International Engine repairs, with three (3) one-year extension options, for an estimated annual cost of $20,000, and potential five (5) year cost of $100,000, and authorizing the City Manager, or his designee, to execute the Agreement.

ACTION: Resolution 2009-065 (Lopez/Marsh;unan O’Bryant absent) authorizing the award of bid and approving a two (2) year Agreement with R & L Diesel for Detroit Diesel repairs, with three (3) one-year extension options, for an estimated annual cost of $40,000, and potential five (5) year cost of $200,000, and authorizing the City Manager, or his designee, to execute the Agreement.

ACTION: Resolution 2009-066 (Lopez/Marsh;unan O’Bryant absent) authorizing the award of bid and approving a two (2) year Agreement with Burtons Fire Apparatus for Pierce Fire Apparatus repairs, with three (3) one-year extension options, for an estimated annual cost of $20,000, and potential five (5) year cost of $100,000, and authorizing the City Manager, or his designee, to execute the Agreement.

ACTION: Resolution 2009-067 (Lopez/Marsh;unan O’Bryant absent) authorizing the award of bid and approving a two (2) year Agreement with Hi-Tech Emergency Vehicle Systems for Waterous Water Pump repairs, with three (3) one-year extension options, for an estimated annual cost of $5,000, and potential five (5) year cost of $25,000, and authorizing the City Manager, or his designee, to execute the Agreement.

ACTION: Resolution 2009-68 (Lopez/Marsh;unan O’Bryant absent) authorizing the award of bid and approving a two (2) year Agreement with Hi-Tech Emergency Vehicle Systems for FoamPro Systems repairs, with three (3) one-year extension options, for an estimated annual cost of $5,000, and potential five (5) year cost of $25,000, and authorizing the City Manager, or his designee, to execute the Agreement.

Consent
13. Consider accepting the work by Clyde Wheeler Pipeline, Inc. for the project titled “2008/2009 Sanitary Sewer Collection System Replacement” as complete, and authorizing payment of amounts totaling $233,690.50. (Total estimated project cost is $296,646.26) (Funding Source: Wastewater Fund)
• Resolution accepting the work by Clyde Wheeler Pipeline, Inc. for the project titled “2008/2009 Sanitary Sewer Collection System Replacement” 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 $233,690.50 recommended.
Public Works; Kris Ohlson, 577-5423, kohlson@modestogov.com

ACTION: Resolution 2009-069 (Lopez/Marsh;unan O’Bryant absent) accepting the work by Clyde Wheeler Pipeline, Inc. for the project titled “2008/2009 Sanitary Sewer Collection System Replacement” 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 $233,690.50.

Consent
14. Consider authorizing the use of the Modesto City-County Airport by the Commemorative Air Force (CAF) for Airport Day 2009 on Saturday, May 16, 2009. (Funding Source: CAF Sponsors and Airport Fund)
• Motion authorizing the use of the Modesto City-County Airport by the Commemorative Air Force for Airport Day 2009 on Saturday, May 16, 2009 recommended.
Public Works; Dennis Turner, 341-2906, dturner@modestogov.com

ACTION: Motion (Lopez/Marsh;unan O’Bryant absent) authorizing the use of the Modesto City-County Airport by the Commemorative Air Force for Airport Day 2009 on Saturday, May 16, 2009.

Consent
15. Consider approving three (3) On-call Appraisal and Consultant Services agreements with Pacific Valley Appraisal Inc., Cogdill & Giomi, Inc., and Wright Appraisals Inc. (Funding Source: Various capital improvement projects)
• Resolution approving an agreement with Pacific Valley Appraisal Inc. for On-call Appraisal and Consultant Services for various Public Works – Capital Improvement Program projects for one year, with two one-year extension options, at the sole discretion of the City, in an amount not to exceed $65,000 per year, and authorizing the City Manager, or his designee, to execute the Agreement, and up to two one-year extension options recommended.
• Resolution approving an agreement with Cogdill & Giomi, Inc. for On-call Appraisal and Consultant Services for various Public Works – Capital Improvement Program projects for one year, with two one-year extension options, at the sole discretion of the City, in an amount not to exceed $65,000 per year, and authorizing the City Manager, or his designee, to execute the Agreement, and up to two one-year extension options recommended.
• Resolution approving an agreement with Wright Appraisals Inc. for On-call Appraisal and Consultant Services for various Public Works – Capital Improvement Program projects for one year, with two one-year extension options, at the sole discretion of the City, in an amount not to exceed $65,000 per year, and authorizing the City Manager, or his designee, to execute the Agreement, and up to two one-year extension options recommended.
Public Works; Julia Gillette, 577-5399, jgillette@modestogov.com

ACTION: Resolution 2009-070 (Lopez/Marsh;unan O’Bryant absent) approving an agreement with Pacific Valley Appraisal Inc. for On-call Appraisal and Consultant Services for various Public Works – Capital Improvement Program projects for one year, with two one-year extension options, at the sole discretion of the City, in an amount not to exceed $65,000 per year, and authorizing the City Manager, or his designee, to execute the Agreement, and up to two one-year extension options

ACTION: Resolution 2009-071 (Lopez/Marsh;unan O’Bryant absent) approving an agreement with Cogdill & Giomi, Inc. for On-call Appraisal and Consultant Services for various Public Works – Capital Improvement Program projects for one year, with two one-year extension options, at the sole discretion of the City, in an amount not to exceed $65,000 per year, and authorizing the City Manager, or his designee, to execute the Agreement, and up to two one-year extension options.

ACTION: Resolution 2009-072 (Lopez/Marsh;unan O’Bryant absent) approving an agreement with Wright Appraisals Inc. for On-call Appraisal and Consultant Services for various Public Works – Capital Improvement Program projects for one year, with two one-year extension options, at the sole discretion of the City, in an amount not to exceed $65,000 per year, and authorizing the City Manager, or his designee, to execute the Agreement, and up to two one-year extension options.

COUNCIL COMMENTS & REPORTS

None.

CITY MANAGER COMMENTS & REPORTS

None.

HEARINGS

Published in the Modesto Bee on January 24, 2009; Councilmember Marsh Conflict of Interest
16. Consider the Appeal of Mika Telecom on behalf of T-Mobile to a Board of Zoning Adjustment decision to deny a Conditional Use Permit to allow a seventy-five-foot cellular tower located at 3120 McHenry Avenue. (Funding Source: Not Applicable)
• Motion to deny the appeal and direct staff to return to Council with a resolution to deny the appeal of Mika Telecom recommended.
OR
• Motion to grant the appeal and direct staff to return to the Council with a resolution to grant the appeal of Mika Telecom, thereby granting a Conditional Use Permit for the 75’ cellular tower as proposed, subject to the conditions reflected in Attachment No. 14 recommended.
OR
• Motion to grant the appeal and direct staff to return to the Council with a resolution to grant the appeal of Mika Telecom, thereby granting a Conditional Use Permit for the 75' cellular tower subject to the conditions reflected in Attachment No. 14 and any new conditions the Council may impose, including but not limited to, modification to a stealth design ("mono-palm" or "mono-pine") of the Council's choosing recommended.
OR
• Motion to refer the project back to the Board of Zoning Adjustment for consideration of stealth options or other new conditions.
Community & Economic Development; Katharine Martin, 577-5267, kamartin@modestogov.com

ACTION: Motion (Lopez/Olsen; unan Marsh, O’Bryant absent) directing staff to return to the Council with a resolution to deny the appeal of Mika Telecom on behalf of T-Mobile with the findings that while the proposed 75' cellular tower at 3120 McHenry Avenue would close a significant gap in the applicant's service coverage, the proposed cellular tower would not be the least intrusive means to close the gap; and that the application fee for a new Conditional Use Permit by Mika Telecom on behalf of T-Mobile for a co-location upon an existing cellular tower located at 3105 McHenry Avenue be waived.

NEW BUSINESS

Removed from Agenda
17. Consider approving submission of the Fiscal Year 2007-2008 Local Transportation Fund (LTF) Claim for non-transit purposes. (Funding Source: Local Transportation Fund)
• Resolution approving and authorizing submission of the FY 2007-2008 local transportation fund (LTF) claim for non-transit claim for $552,785 and carryover LTF in the amount of $3,080,898 to the Stanislaus Council of Governments (StanCOG) recommended.
Finance; Diane Rambo, 577-5369, drambo@modestogov.com

ACTION: Removed from Agenda.

MATTERS TOO LATE FOR THE AGENDA

None.

ADJOURNMENT

This meeting adjourned at 6:38 p.m.

CLOSED SESSION

Closed Session Heard Prior to Council Meeting
CONFERENCE WITH LABOR NEGOTIATOR: (Pursuant to Section 54957.6 of the Government Code) - MCEA Agency Negotiators: Greg Nyhoff, City Manager, Barbara Santos, Deputy Director, Personnel; Employee Organization: Modesto City Employees Association

CONFERENCE WITH LABOR NEGOTIATOR: (Pursuant to Section 54957.6 of the Government Code) – MCMA Agency Negotiators: Greg Nyhoff, City Manager, Barbara Santos, Deputy Director, Personnel; Employee Organization: Modesto Confidential & Management Association

CONFERENCE WITH LABOR NEGOTIATOR: (Pursuant to Section 54957.6 of the Government Code) – MPOA Agency Negotiators: Greg Nyhoff, City Manager, Robin Renwick, Personnel Director; Employee Organization: Modesto Police Officers’ Association

CONFERENCE WITH LABOR NEGOTIATOR: (Pursuant to Section 54957.6 of the Government Code) – MPNSA Agency Negotiators: Greg Nyhoff, City Manager, Robin Renwick, Personnel Director; Employee Organization: Modesto Police Non Sworn Association

CONFERENCE WITH LABOR NEGOTIATOR: (Pursuant to Section 54957.6 of the Government Code) – Unrepresented Agency Negotiators: Greg Nyhoff, 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) –MPMA Agency Negotiators: Greg Nyhoff, City Manager, Robin Renwick, Personnel Director; Employee Organization: Modesto Police Management Association

CONFERENCE WITH LABOR NEGOTIATOR: (Pursuant to Section 54957.6 of the Government Code) - MCFFA Agency Negotiators: Greg Nyhoff, City Manager, Robin Renwick, Personnel Director; Employee Organization: Modesto City Firefighters Association