| 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, March 3, 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: Marvin Jacobo, Youth for Christ |
| City Clerk’s Announcements: None |
| Declaration of Conflicts of Interest: None |
| Reports from Closed Session: City Attorney Wood reported on Closed Session matters. |
| ACKNOWLEDGEMENTS AND PRESENTATIONS | ||
| 1. | Presentation of Proclamation to the Hispanic Youth Leadership Council recognizing them for their community service and work on the Gateway Parcel at the Tuolumne River Regional Park. (Funding Source: Not Applicable) | |
| City Manager; Kathy Espinoza, 571-5597, kespinoza@modestogov.com | ||
| ACTION | Mayor Ridenour presented a Proclamation to Chris Ricci in support of Commonwealth’s efforts to pursue a job incubation site at 1230 12th Street. | |
| PUBLIC COMMENT PERIOD | ||
| None. | ||
| CONSENT ITEMS – ROLL CALL VOTE REQUIRED: Items 3 through 7 | ||
| ACTION CONSENT ITEMS 3-7: (Lopez/Hawn;unan) | ||
| CONSENT ITEMS | ||
| An item may be removed from consent and discussed at the request of an audience member or Councilmember. | ||
| Consent | ||
| 4. | Consider approving final adoption of Ordinance No. 3504-C.S. adding Chapter 10 entitled “Award of Non-Consensual Towing Contracts” to Title 3 of the Modesto Municipal Code. (Funding Source: Not Applicable) | |
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| City Clerk; Stephanie Lopez, 577-5396, slopez@modestogov.com | ||
| ACTION | Motion (Lopez/Hawn;unan) approving final adoption of Ordinance No. 3504-C.S. adding Chapter 10 entitled “Award of Non-Consensual Towing Contracts” to Title 3 of the Modesto Municipal Code. | |
| Consent | ||
| 5. | Consider approving the Prospective Bidder Prequalification List for the Emerald Trunk Rehabilitation Project. (Funding Source: Wastewater Fund) | |
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| Public Works; Violet Jakab, 571-5869, vjakab@modestogov.com | ||
| ACTION | Resolution 2009-096 (Lopez/Hawn;unan) approving the Prospective Bidder Prequalification List for the Emerald Trunk Rehabilitation Project consisting of the following contractors: Colich & Sons L.P.; D’Arcy & Harty Construction, Inc.; Insituform Technologies, Inc.; K.J. Woods Construction, Inc.; Michels Corporation, dba Michels Pipeline Construction; Super Excavators, Inc.; and Ebert McGuire and Hester a Joint Venture. | |
| Consent | ||
| 6. | Consider approving an Agreement with Modesto Irrigation District (MID) for the relocation of two utility poles and associated underground conduit located on Sisk Road north of Pelandale Avenue in the amount not to exceed $89,300. (Total estimated project cost: $2,024,500) (Funding Source: Capital Facility Fees) | |
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| Public Works; Dean Phillips, 577-5260, dphillips@modestogov.com | ||
| ACTION | Resolution 2009-097 (Lopez/Hawn;unan) approving an Electric Utility Pole Relocation Agreement with Modesto Irrigation District for the relocation of two utility poles and associated underground conduit located on Sisk Road north of Pelandale Avenue for the Pelandale Avenue at Sisk Road and SR99 Northbound On-ramp Project in the amount not to exceed $89,300, and authorizing the City Manager, or his designee, to execute the agreement. | |
| Consent | ||
| 7. | Consider approving the Third Amendment to the Agreement with Avail Technologies, Inc. for the development and installation of a computer-aided dispatch/automatic vehicle location system for the Modesto Area Express (MAX) bus system in an amount not to exceed $6,200. (Funding Source: Federal Transit Administration (FTA) and State PTMISEA (Proposition 1B-Transit) | |
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| Public Works; Dennis Turner, 341-2906, dturner@modestogov.com | ||
| ACTION | Resolution 2009-098 (Lopez/Hawn;unan) approving the Third Amendment to the Agreement with Avail Technologies, Inc. for the development and installation of a computer-aided dispatch/automatic vehicle location system for the Modesto Area Express Bus System in an amount not to exceed $6,200, and authorizing the City Manager, or his designee, to execute the Amendment to the Agreement. | |
| COUNCIL COMMENTS & REPORTS | ||
| 8. | Councilmember Hawn will have an update on regionalization of utilities. (Funding Source: Not Applicable) | |
| City Clerk; Stephanie Lopez, 577-5396, slopez@modestogov.com | ||
| ACTION | Councilmember Hawn reported on the City of Modesto Regional Water Resource Opportunities. He will report back quarterly to the Finance Committee. | |
| CITY MANAGER COMMENTS & REPORTS |
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| UNFINISHED BUSINESS | ||
| 9. | Consider accepting a staff report on the local vendor preference provisions of the Modesto Municipal Code (MMC) and providing staff with policy direction on the level of local vendor preference (Funding Source: Not Applicable) | |
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| Finance Department; Mark Averell, 577-5412, maverell@modestogov.com | ||
| ACTION | Motion (Olsen/Hawn;unan) applying a 2% local vendor preference to purchase vehicles and heavy equipment; 4% local vendor preference to other taxable goods; staff return to Finance Committee with a recommendation on the number of points that should be awarded for using local firms and RFQ processes, as well as whether a percentage should be awarded for professional services on the price. | |
| ACTION | Motion (Hawn/Lopez; Keating,Marsh.O’Bryant,Olsen, Mayor Ridenour no) reconsidering previous motion and looking at 5% across the board for local vendor preference. (Motion did not carry.) | |
| MATTERS TOO LATE FOR THE AGENDA | ||
| None. | ||
| ADJOURNMENT | ||
| This meeting adjourned at 6:28 p.m. | ||
| CLOSED SESSION | ||
| All Closed Session Matters Heard Prior to Meeting | ||
| CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION One Case (Pursuant to Section 54956.9(a) of the Government Code) Name of case: Gary D. Devine v. City of Modesto, et al. Stanislaus County Superior Court, Case No. 611099 | ||
| CONFERENCE WITH LEGAL COUNSEL - THREATENED LITIGATION Exposure to litigation pursuant to subdivision (b) of Section 54956.9 of the Government Code. One potential case. | ||
| CONFERENCE WITH LABOR NEGOTIATOR: (Pursuant to Section 54957.6 of the Government Code) - MCEA Agency Negotiators: Greg Nyhoff, City Manager, Barbara Santos, Deputy Director, Human Resources; 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, Robin Renwick, Human Resources Director; 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, Human Resources 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, Human Resources 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, Human Resources 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, Human Resources 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, Human Resources Director; Employee Organization: Modesto City Firefighters Association | ||
| Attest:______________________________ | ||
| Stephanie Lopez, City Clerk | ||