City Council Meeting
Agenda
JANUARY 11, 2022
6:00 p.m.
City of Turlock Yosemite Room
156 S. Broadway, Turlock, California
NOTICE: CITY HALL HAS BEEN CLOSED TO THE PUBLIC DUE TO AN OUTBREAK OF THE COVID VIRUS.
TO AVOID SPREAD OF THE COVID VIRUS, THIS CITY COUNCIL MEETING WILL BE HELD IN ACCORDANCE WITH GOVERNMENT CODE SECTION 54953(e) AND OTHER PROVISIONS OF THE RALPH M. BROWN ACT (CALIFORNIA GOVERNMENT CODE SECTION 54950, ET SEQ.), AS
WELL AS OTHER RELEVANT LAWS SUCH AS THE FEDERAL AMERICANS WITH DISABILITIES ACT.
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Mayor
Amy Bublak
Interim City Manager
Council Members Sarah Tamey Eddy
Nicole Larson Rebecka Monez Interim City Clerk
Andrew Nosrati Pam Franco Kellie E. Weaver
Vice Mayor City Attorney
George A. Petrulakis
Council Agenda
1/11/22
0. A. CALL TO ORDER
B. SALUTE TO THE FLAG
C. ROLL CALL
D. DECLARATION OF CONFLICTS
1. CLOSED SESSION:
The Closed Session item(s) for this meeting have be en agendized and will be heard toward the latter part of the meeting.
2. APPROVAL OF AGENDA AS POSTED OR AMENDED
This is the time for the City Council to remove ite ms from the agenda or to change the order of the ag enda. Matters may be taken up out of order of the established agenda by a four-fifths vote of the City Council.
3. PROCLAMATIONS, RECOGNITIONS, APPOINTMENTS, ANNOU NCEMENTS, PRESENTATIONS, AND BRIEFINGS:
A. Presentation : Self-Help Enterprises ( Ramos )
B. Appointment : Planning Commission
C. Appointment : Parks, Arts, and Recreation Commission
D. Appointment : CDBG Grant Selection Committee (Community Members )
SPEAKER CARDS: To accommodate those wishing to address the Counc il and allow for staff follow-up, speaker cards are available for any agendized topic or any other topic delivere d under Public Comment. Please fill out and provid e the Comment Card to the City Clerk or Police Officer.
NOTICE REGARDING NON-ENGLISH SPEAKERS: The Turlock City Council meetings are conducted i n English and translation to other languages is not provided. Please make arrangements for an interpreter if necessary.
EQUAL ACCESS POLICY: If you have a disability which affects your acces s to public facilities or services, please contact the City Clerk’s Office at (209) 668-5540. The City is comm itted to taking all reasonable measures to provide access to its facilities and services. Please allow sufficient time for the City to process and respond to your request.
NOTICE: Pursuant to California Government Code Section 54 954.3, any member of the public may directly addres s the City Council on any item appearing on the agenda, including Cons ent Calendar and Public Hearing items, before or du ring the City Council’s consideration of the item. Members of the public will be allowed five (5) minutes for comments.
AGENDA PACKETS: Prior to the City Council meeting, a complete Age nda Packet is available for review on the City’s we bsite at www.cityofturlock.org and in the City Clerk’s Office at 156 S. Broadway, Suite 230, Turlock, during normal business hours. Materials related to an item on this Agenda submitted to the Council after distribution of the Agenda Packet are also available for public inspection in the City Clerk’s Office. Such docume nts may be available on the City’s website subject to staff’s ability to post the documents before the meeting.
Council Agenda
1/11/22
4. PUBLIC PARTICIPATION
Pursuant to California Government Code Section 5495 4.3(a), this is the time set aside for members of t he public to directly address the City Council on any item of interest to the public that is within the subject matter jurisdiction of the City Council and to address the Council on any item on tonight’s agenda, including Consent Calendar it ems. You will be allowed five (5) minutes for your comments. If you wish to speak regarding an item on the agenda, you may be asked to defer your remarks until the Council addresses the matter.
Pursuant to California Government Code Section 5495 4.2(a)(3), no action or discussion may be undertake n on any item not appearing on the posted agenda, except tha t the City Council, or its staff, may briefly respo nd to comments or questions from members of the public, provide a reference to staff or other resources for factual i nformation, or direct staff to place the issue on a future agenda.
5. MOTION WAIVING READING OF ALL ORDINANCES ON THE AGENDA, EXCEPT BY TITLE
6. CONSENT CALENDAR:
Information concerning the consent items listed her einbelow has been forwarded to each Councilmember p rior to this meeting for study. Unless the Mayor, a Councilmemb er or member of the audience has questions concerni ng the Consent Calendar, the items are approved at one tim e by the Council. The action taken by the Council in approving the consent items is set forth in the explanation of the individual items.
A. Resolution : Accepting Monthly Demands of 9/30/21 in the amou nt of $16,648,081.89; Weekly Demands of 12/2/21 in the amount of $1,015,7 11.73; Weekly Demands of 12/9/21 in the amount of $455,489.66; Weekly Demand s of 12/16/21 in the amount of $1,296,648.79; Weekly Demands of 12/23/21 in the amount of $1,522,703.39 B. Motion : Accepting Minutes of the Regular Meeting of December 14, 2021 C. Motion : Approving of Contract Change Order No. 1 (Final) in the decreased amount of $6,679 (Non-General Fund – Fund 215) for City Proje ct No. 18-53 “Intersection Improvements at Tully Rd and Tuolumne Rd” bringing the contract total to $467,801 Motion : Accepting improvements for City Project No. 18-5 4 “Intersection Improvements at Tully Rd and Tuolumne Rd” and authorizing the Acting City Engineer to file a Notice of Completion
D. Motion : Approving Amendment No. 1 to the Agreement betwe en the City of Turlock and Provost & Pritchard Engineering Group for Design Se rvices of the Drinking Water Chlorination Project to include an additional scope of work for continuation of construction administration and construction manage ment, and increasing the compensation by $195,000, for a total not-to-exceed amount of $836,300 E. Resolution : Approving the Tentative Agreement updating the M emorandum of Understanding (“MOU”) between the City of Turlock a nd Turlock Management Association – Public Safety covering the period of July 1, 2021 through June 30, 2022 F. Resolution : Approving a salary range adjustment for the job classification of Executive Administrative Assistant/Municipal Services from Confidential salary range 27.4 to range
29.2, effective January 11, 2022
Motion : Approving update of the job description for Exec utive Administrative Assistant/Municipal Services
G. Resolution : Reinstating the Executive Assistant to the City Manager/City Clerk position at salary range 35.1 and approving modifications to the job description, effective January 11, 2022
Resolution : Approving an amendment to the salary schedule of the existing management schedule of benefits and policies adopte d by Resolution No. 2021-131 dated July 13, 2021 to include all approved management salaries H. Resolution : Reaffirming the Director of Emergency Services Pr oclamation of Existence of a Local Emergency in response to COVID-19
Council Agenda
1/11/22
7. FINAL READINGS:
A. Request to amend the Zoning Map of the City of T urlock, California, attached to Title 9 of the Turlock Municipal Code [Rezone 2021-01 Planned Development 280 (Balisha Ranch)] . (Quintero )
Recommended Action :
Ordinance : Amending the Zoning Map of the City of Turlock, California, attached to Title 9 of the Turlock Municipal Code [Rezone 2021-01 Planned Development 280 (Balisha Ranch)]
Resolution : Establishing Conditions of Approval for Planned Development 280 (Balisha Ranch)
B. Request to repeal Turlock Municipal Code Title 6 , Chapter 3, regarding Garbage, Rubbish, and Organic Refuse in its entirety, and ad d a new Title 6, Chapter 3, regarding Garbage, Recyclable Materials, and Organic Waste to incorporate changes related to upcoming SB 1383 state mandated requirements. ( Madden )
Recommended Action:
Ordinance : Repealing Turlock Municipal Code Title 6, Chapter 3, regarding Garbage, Rubbish, and Organic Refuse in its entirety, and ad ding a new Title 6, Chapter 3, regarding Garbage, Recyclable Materials, and Organi c Waste to incorporate changes related to upcoming SB 1383 state mandated requirements
8. PUBLIC HEARINGS:
A. This item was continued from the December 14, 2021, City Council meeting.
Request to deny the appeal and affirm the Planning Commission decision Denying Variance 2021-01 (Perfect Union) at 2500 N. Golden State Boulevard. (Quintero )
Recommended Action :
Resolution : Denying the appeal and affirming the Planning Co mmission decision Denying Variance 2021-01 (Perfect Union) at 2500 N. Golden State Boulevard
9. ACTION ITEMS:
A. Request to authorize City Manager to execute ser vice agreement with Performance on Purpose, LLC for City Mental Wellbeing Program by p erforming training and coaching AND approving a Service Agreement between the City of Turlock and Performance on Purpose, LLC for Mental Wellbeing Program and appro priating $417,994 from Fund 119 (American Rescue Plan Act (ARPA)) Unassigned Reserv e to Expense Account Number 119-10-118.43060_046 “Contract Services Mental Wellbeing”. ( Moreno )
Recommended Action:
Motion : Authorize Interim City Manager to execute service agreement with Performance on Purpose, LLC for City Mental Wellbeing Program by performing training and coaching
Council Agenda
1/11/22
Resolution : Approving a Service Agreement between the City o f Turlock and Performance on Purpose, LLC for Mental Wellbeing Pr ogram and appropriating $417,994 from Fund 119 [American Rescue Plan Act (A RPA)] Unassigned Reserve to Expense Account Number 119-10-188.43060_046 “Contract Services Mental Wellbeing”
B. Request to accept and consent to the Interim Cit y Manager’s appointment of Jason Hedden to the position of Chief of Police for the C ity of Turlock Police Department, effective February 16, 2022, and approving an Employment Agreement. ( Eddy )
Recommended Action:
Resolution : Accepting and consenting to the Interim City Manager’s appointment of Jason Hedden to the position of Chief of Police for the City of Turlock Police Department, effective February 16, 2022, and approving an Employment Agreement
10. CITY MANAGER REPORTS/UPDATES
City Manager reports/updates are provided for infor mational purposes only and no action or discussion may be undertaken. The City Manager may direct department heads to provide reports/updates at the City Manag er’s request.
A. City Manager ( Eddy )
1. Administration Update
11. COUNCIL ITEMS FOR FUTURE CONSIDERATION
Requests for Council items for future consideration will be scheduled in accordance with the City of T urlock Elected and Appointed Officials’ Handbook (Resolution No. 2 019-094), unless otherwise specified by the Mayor o r a majority of the Council.
12. AD HOC COMMITTEE REPORTS: None
13. COUNCILMEMBER QUESTIONS, COMMENTS, AND ANNOUNCE MENTS Councilmembers may ask questions, provide comments, and make brief announcements on notable topics of interest. The Brown Act does not allow discussion or action by the legislative body.
14. CLOSED SESSION:
A. Conference with Legal Counsel – Anticipated Litigation , Cal. Gov’t Code §54956.9(d)(2) “For the purposes of this section, litigation shall be considered pending when any of the following circumstances exist... A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency.” Potential Case(s): (2 cases)
Council Agenda
1/11/22
B. Liability Claims , Cal. Gov’t Code §54956.95
“For the purposes of [Section 54956.9], ‘existing f acts and circumstances’ shall consist only of one of the following: The receipt of a claim pur suant to the Government Claims Act (Division 3.6 (commencing with Section 810) of Title 1 of the Government Code) or some other written communication from a potential plaint iff threatening litigation, which claim or communication shall be available for public inspection pursuant to Section 54957.5.” Claimant: Miguel Garcia
Agency Claimed Against: City of Turlock
C. Liability Claims , Cal. Gov’t Code §54956.95
“For the purposes of [Section 54956.9], ‘existing f acts and circumstances’ shall consist only of one of the following: The receipt of a claim pur suant to the Government Claims Act (Division 3.6 (commencing with Section 810) of Titl e 1 of the Government Code) or some other written communication from a potential plaint iff threatening litigation, which claim or communication shall be available for public inspection pursuant to Section 54957.5.” Claimant: Jammu Petro Food Inc, RJ Singh
Agency Claimed Against: City of Turlock
D. Liability Claims , Cal. Gov’t Code §54956.95
“For the purposes of [Section 54956.9], ‘existing f acts and circumstances’ shall consist only of one of the following: The receipt of a claim pur suant to the Government Claims Act (Division 3.6 (commencing with Section 810) of Titl e 1 of the Government Code) or some other written communication from a potential plaint iff threatening litigation, which claim or communication shall be available for public inspection pursuant to Section 54957.5.” Claimant: Jammu Petro Food Inc, RJ Singh
Agency Claimed Against: City of Turlock
15. REPORTS FROM CLOSED SESSION
16. ADJOURNMENT