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Modesto City Council
March 5, 2024

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Minutes
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March 5, 2024
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Modesto City Council
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3/5/2024 5:30:00 PM

MODESTO CITY COUNCIL
www.modestogov.com

MINUTES
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 – Present: Councilmembers Alvarez, Bavaro, Escutia-Braaton, Ricci, Williams, Wright, Mayor Zwahlen

Absent: None
Pledge of Allegiance to the Flag
Invocation: Todd Zwahlen, Church of Jesus Christ of Latter-day Saints City Clerk’s Announcements: None
Declaration of Conflicts of Interest: None
Reports from Closed Session: City Attorney Sanchez stated there was No Reportable Action.

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] ACTION: Mayor Zwahlen presented proclamation declaring March as National Women's History Month.
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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] ACTION: Mayor Zwahlen presented proclamation declaring March 7, 2024 as the day to celebrate Arbor Day in the City of Modesto.

MISCELLANEOUS

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] ACTION: (Wright/Escutia-Braaton; 7/0) Resolution 2024-080 accepting the resignation of Michelle Buer from the City of Modesto Golf Courses Advisory Committee.

PUBLIC COMMENT IN PERSON
None.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED
ACTION CONSENT ITEMS 4-10: ACTION: (Williams/Wright; 7/0)

CONSENT
Consent

4. Consider approving the minutes for the February 27, 2024 Council Meeting. (Funding Source: Not Applicable)
 Motion approving the minutes for the February 27, 2024 Council Meeting.

CITY CLERK; Diane Nayares-Perez, 209-577-5396, [email protected] ACTION: (Williams/Wright; 7/0) Motion approving the minutes for the February 27, 2024 Council Meeting.

Consent

5. Consider approving the recommended Budget Adjustments to Fiscal Year 2023-24 Annual Operating and Capital Improvement Program Budgets. (Funding Source:

Various Funds)
 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] - 3 -
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ACTION: (Williams/Wright; 7/0) Resolution 2024-081 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.

Consent

6. Consider accepting an Informational Report for the January 2024 Accounts Payable Payment Register and Void Report. (Funding Source: Not Applicable)  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]
ACTION: (Williams/Wright; 7/0) Motion accepting an Informational Report for the January 2024 Accounts Payable Payment Register and Void Report.

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, 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)  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] ACTION: (Williams/Wright; 7/0) Resolution 2024-082 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 - 4 -
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without exceeding the overall amount for five years; and authorizing the Director of Finance or her designee to execute the Agreements.

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)
 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] ACTION: (Williams/Wright; 7/0) Resolution 2024-083 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.

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)  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] ACTION: (Williams/Wright; 7/0) Resolution 2024-084 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. - 5 -
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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)
 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] ACTION: (Williams/Wright; 7/0) Resolution 2024-085 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.

COUNCIL COMMENTS & REPORTS
Vice Mayor Alvarez expressed gratitude to Burbank Elementary for the opportunity to read to fourth-grade classes on National Read Across America Day, reflecting on their experience as a Burbank alumnus and looking forward to future engagements.

Council Member Escutia-Braaton highlighted her role as member of the San Joaquin Valley Regional Policy Council in advocating for regional interests, including transportation, safety, and air quality initiatives, emphasizing the importance of securing funding for various projects.

Council Member Williams promoted the upcoming NAACP Freedom Fund dinner and announced the State of the City address by Mayor Zwahlen on March 7th at the State Theater.

He also commended the City's efforts in addressing homelessness.

Council Member Ricci informed attendees about the Modesto ADU dashboard, encouraging the construction of accessory dwelling units to alleviate the housing shortage. He also discussed organizing a city-wide garage sale fest that will be held on April 20, 2024 and expressed appreciation for the City's initiatives to combat homelessness. - 6 -
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Mayor Zwahlen shared insights from a recent speech contest and a reading session at Martone Elementary, highlighting the positive impact of community engagement and invited the public to the State of the City address and the premiere of a documentary on the Camp to Home initiative.

CITY MANAGER COMMENTS & REPORTS
None.

MATTERS TOO LATE FOR THE AGENDA
None.

ADJOURNMENT
This meeting adjourned at 6:02 P.M.

All Closed Session Matters heard prior to the meeting.

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
Attest:____________________________
Diane Nayares-Perez, City Clerk

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