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<AMENDED>
MODESTO CITY COUNCIL
www.modestogov.com
AGENDA
City of Modesto
CITY COUNCIL MEETING
Chambers, Basement Level
Tenth Street Place, 1010 10th Street
Modesto, California
Tuesday, March 05, 2024 at 5:30 PM
Roll Call - Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen
* Public Comment will only be in-person. Members of the public who wish to address the Council, by providing public comment, during the meeting must do so in-person in the Council Chambers.
As an alternative, members of the public may also provide written public comment submitted via email as indicated in the Submitting Comments by Email instructions on this agenda. Zoom will still be available for viewing and Wordly translation.
*Members of the public will be allowed to provide public comment through Zoom if a Councilmember is participating remotely pursuant to the provisions of Assembly Bill 2449. *Effective March 1, 2023, if a technical issue arises with Zoom or the phone dial-in option, the Council meeting will continue unless the meeting is being held pursuant to the provisions of Assembly Bill 2449. Alternative viewing options are listed below, and the meeting is physically open to the public.
“Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.
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You may observe a livestream of the meeting at http://media.modestogov.com. You may also view or listen to the meeting as indicated below.
THE MEETING CAN BE VIEWED BY ZOOM VIDEO
CONFERENCING OR TELEPHONE
Joining the City Council meeting via Zoom
The City of Modesto is now offering the ability to view Council meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
Enter the following link into an Internet Browser
https://us02web.zoom.us/j/86945970570,
Enter the following link into an Internet Browser https://zoom.us/ and using the Webinar ID 869 4597 0570
Passcode 84326
To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Council meeting.
Joining the City Council meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can listen by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID 869 4597 0570 Passcode 84326
SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Councilmembers and placed in the record but will not be read aloud during the meeting. Written comments must be received two hours before the meeting.
This Agenda is on file in the City Clerk’s Office, Sixth Floor, 10th Street Place, Posting Board at entry of 10th Street Place, and is available on the City’s Web site at www.modestogov.com.
Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the Clerk’s office during normal business hours. Such documents are also available online, subject to staff’s ability to post the documents before the meeting, at the following website https://www.modestogov.com/council-meetings In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, - 3 -
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programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA 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.
Pledge of Allegiance to the Flag
Invocation: Dave White, Church of Jesus Christ of Latter-day Saints City Clerk’s Announcements
Declaration of Conflicts of Interest
Reports from Closed Session
ACKNOWLEDGEMENTS AND PRESENTATIONS
1. Proclamation declaring March as National Women's History Month. (Funding Source:
Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597, [email protected]
2. Proclamation declaring March 7, 2024 as the day to celebrate Arbor Day in the City of Modesto. (Funding Source: Not Applicable)
CITY COUNCIL; Ariana Harbottle-Jarrett, 209-571-5597, [email protected]
MISCELLANEOUS
Legislation, Appointments, Other
3. Consider accepting the resignation of Michelle Buer from the City of Modesto Golf Courses Advisory Committee. (Funding Source: Not Applicable) Staff Recommendation:
Resolution accepting the resignation of Michelle Buer from the City of Modesto Golf Courses Advisory Committee.
PRN; Jessica Franco, 209-577-5278, [email protected]
PUBLIC COMMENT IN PERSON
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.
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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
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.
CONSENT
An item may be removed from consent and discussed at the request of an audience member or Councilmember.
Consent
4. Consider approving the minutes for the February 27, 2024 Council Meeting. (Funding Source: Not Applicable)
Staff Recommendation:
Motion approving the minutes for the February 27, 2024 Council Meeting.
CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] Consent
5. Consider approving the recommended Budget Adjustments to Fiscal Year 2023-24 Annual Operating and Capital Improvement Program Budgets. (Funding Source:
Various Funds)
Staff Recommendation:
Resolution amending Fiscal Year 2023-24 Annual Operating and Capital Improvement Project Fund Budgets and authorizing the City Manager, to take the necessary steps to implement the provisions of this Resolution.
BUDGET; Steve Christensen, 209-577-5390, [email protected] Consent
6. Consider accepting an Informational Report for the January 2024 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable) Staff Recommendation:
Motion accepting an Informational Report for the January 2024 Accounts Payable Payment Register and Void Report.
FINANCE DEPARTMENT; Maria Garnica, 209-577-5249,
[email protected]
Consent
7. Consider approving the Master and Purchasing Agreements with Office Depot, Boca Raton, FL, Staples Contract and Commercial Inc., Boston, MA, and Warden’s Office, - 5 -
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Modesto, CA for the purchase of office supplies and furniture for a total amount not to exceed $2,000,000 over five years. (Funding Source: Various Funds) Staff Recommendation:
Resolution approving the Purchasing Agreements for the Purchase of Office Supplies and Furniture to Office Depot, Boca Raton, FL. by utilizing the Competitive Bidding Process from OMNIA Partners, Staples Contract and Commercial Inc. Boston, MA, by utilizing the Competitive Bidding Process from Sourcewell and with EPIC Business Essentials., Rosemont, IL under the authorized reseller Warden’s Office, Modesto, CA, by utilizing the Competitive Bidding Process from OMNIA Partners for a two-year Agreement with three one-year extension options, for a combined annual estimated amount $400,000 and a total amount not to exceed $2,000,000 over five years; authorizing the Director of Finance, or her designee to adjust the financial amounts between the three providers without exceeding the overall amount for five years; and authorizing the Director of Finance or her designee to execute the Agreements.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent
8. Consider approving the Agreements for Fleet Tire Purchases with McCoy Truck Tire, Modesto, CA and Valley Tire, Modesto, CA for a total amount not to exceed $3,400,000 over five years. (Funding Source: Fleet Fund and Outside Service Agreements)
Staff Recommendation:
Resolution approving the Agreements for Fleet Tire Purchases with McCoy Truck Tire, Modesto, CA and Valley Tire, Modesto, CA for a two-year Agreement with three one-year extension options, for an annual combined estimated amount of $680,000 and a total combined amount not to exceed $3,400,000 over five years; authorizing the Director of Finance to adjust agreement totals between vendors based on vendor’s availability and department’s needs, ensuring the combined total amount does not change and authorizing the City Manager or his designee to execute the Agreements.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] Consent
9. Consider approving an Agreement for Online Public Auction Services to The Public Group doing business as (dba) Public Surplus, Provo, Utah, for a total amount not to exceed $150,000 over five years. (Funding Source: Fleet Replacement Funds) Staff Recommendation:
Resolution approving an Agreement for Online Public Auction Services to The Public Group doing business as (dba) Public Surplus, Provo, Utah, by utilizing the Competitive Bidding Process from Sourcewell for a two-year Agreement with three one-year extension options, for an annual estimated amount of $30,000 and a total amount not to exceed $150,000 over five years; and authorizing the City Manager or his designee to execute the Agreement.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected] - 6 -
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Consent
10. Consider approving an Agreement for Bottled Water Delivery Services for Citywide locations to Blue Triton Brands dba ReadyRefresh Livermore, CA and DS Services of America Inc. DBA Primo Water North America, Manteca, CA for a total amount not to exceed $600,000 over five years. (Funding Source: Building Services, Compost, Surface Transportation, General Fund, Forestry, Parking, Solid Waste, Wastewater and Water Funds)
Staff Recommendation:
Resolution approving the Award of Bid and Agreement for Bottled Water Delivery Services to Blue Triton Brands DBA ReadyRefresh Livermore, CA, and DS Services of America Inc. DBA Primo Water North America, Manteca, CA for a two-year Agreement with three one-year extension options, for a first year estimated amount not to exceed $200,000 and an annual estimated amount of $100,000 thereafter, for a total amount not to exceed $600,000 over five years and authorizing the City Manager, or his designee, to execute the Agreements.
FINANCE DEPARTMENT; Dianne Love, 209-571-5164, [email protected]
COUNCIL COMMENTS & REPORTS
CITY MANAGER COMMENTS & REPORTS
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
CLOSED SESSION
Please take notice that a special Closed Session meeting of the Council of the City of Modesto has been called pursuant to Section 2-1.02 of the Modesto Municipal Code to be convened on TUESDAY, MARCH 5, 2024 AT 5:00 PM
and after the regularly scheduled meeting in the Tenth Street Place, Chambers Conference Room, Basement Level, 1010 Tenth Street, Modesto, California.
Any and all of the following agenda items are subject to action being taken by the Modesto City Council.
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The business to be considered at said City Council meeting shall consist of a Closed Session concerning the following:
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
One Case (Pursuant to Section 54956.9(d)(1) of the Government Code) Name of Case: Silvina Martinez v. City of Modesto
Superior Court of California, County of Stanislaus
Case No.: CV-19-006820
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on
at by
date time signature