JANUARY 25, 2022 MINUTES
6:00 p.m. Regular Meeting
City of Turlock Yosemite Room Turlock City Council
156 S. Broadway, Turlock, California
A. CALL TO ORDER - Mayor Bublak called the meeting to order at 6:00 p.m.
B. SALUTE TO THE FLAG
C. ROLL CALL:
Councilmember Councilmember Councilmember Councilmember Mayor Larson Nosrati Franco Monez Bublak
Yes Yes Yes Yes Yes
PRESENT: Councilmembers Nicole Larson, Andrew Nosrati, Pam Franco, Rebecka Monez and Mayor Amy Bublak
ABSENT: None
D. DECLARATION OF CONFLICTS: None
CLOSED SESSION:
The Closed Session items) for this meeting have been agendized and will be heard toward the latter part of the meeting.
2. APPROVAL OF AGENDA AS POSTED OR AMENDED
Taiy is the em up or the or route trained agenda by a forens ve can he de of the agenda. Matters.
Action: Motion by Councilmember Monez, seconded by Councilmember Franco, approving the amended agenda. Motion carried 5/0 by the following vote:
Councilmember Councilmember Councilmember Councilmember Mayor Larson Nosrati Franco Monez Bublak
Yes Yes
3. PROCLAMATIONS, RECOGNITIONS, APPOINTMENTS, ANNOUNCEMENTS, PRESENTATIONS, AND BRIEFINGS: None
4. PUBLIC PARTICIPATION
Deputy City Clerk Lisa Schimmelfennig announced that members of the public will be given the opportunity to address Council on items that are within the subject matter jurisdiction of the City Council and on any item on tonight's agenda. For items listed on the agenda, we ask that you please defer your comments until that item is heard by the Council. For those who are interested in addressing the Council, please press the "raise hand" feature on your screen or press *g from your telephone keypad once the Mayor opens public comment and before she closes public comment. When your telephone number is announced, you must then press *6 to unmute yourself.
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Regular Meeting
January 25, 2022
Members of the public will be allotted five (5) minutes for comments and will be taken in the order of which requests are received. When it is a member's turn to speak, they will hear an automated prompt indicating their line has been unmuted - and that is when the five (5) minutes will begin.
Lastly, we request members who choose to address the Council to please state their first and last name in the event any follow up is needed; however, this is not mandatory.
The following members of the public spoke:
Milt Treiweiler
Ron Bridegroom - 6D
5. MOTION WAIVING READING OF ALL ORDINANCES ON THE AGENDA, EXCEPT BY TITLE None
CONSENT CALENDAR:
Action: Motion by Councilmember Monez, seconded by Councilmember Franco, adopting the consent calendar. Motion carried 5/0 by the following vote:
Councilmember Councilmember Councilmember Councilmember Mayor Larson Nosrati Franco Monez Bublak
Yes Yes Yes Yes Yes
A. Motion: Accepting Minutes of the Regular Meeting of January 11, 2022; Minutes of the Special City Council Meeting of January 13, 2022
Resolution No. 2022-011: Re-appropriating $170,000 to account number 413-51- 539.51027_001 "Capital Clarifier #5 & MC Upgrade" from Fund 413 unallocated reserves to complete funding for City Project No. 15-39C "Turlock Regional Water Quality Control Facility Clarifier and Denitrification"
Motion: Approving Contract Change Order No. 7 (Final) in the amount of $36,977.08 (Non-General Fund - Fund 413) with CW Roen Construction of Danville, California for City Project No. 15-39C "Turlock Regional Water Quality Control Facility Secondary Clarifier No. 5 and Denitrification" (upgrade and expansion of the wastewater treatment plant) $19,703,163.29
Motion: Accepting Improvements and authorizing the City Engineer to file a Notice of Completion for City Project No. 15-39C "Turlock Regional Water Quality Control Facility Secondary Clarifier No. 5 and Denitrification"
C. Motion: Approving Contract Change Order No. 2 in the amount of $81, 126.01 (Fund 420) with Clark Bros., Inc., of Fresno, California, for City Project No. 20-027 "City Wide Chlorination" bringing the contract total to $4,374,881.51 D. Removed for separate consideration
E. Resolution No. 2022-012: Authorizing the submittal of applications for payment programs and related authorizations and authorizing the City Manager or his/her designee to sign any and all necessary documents
F. Motion: Authorizing Interim City Manager to execute service agreement with Townsend Public Affairs for government relations and advocacy services
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Regular Meeting
January 25, 2022
G. Resolution No. 2022-013: Approving the updates to the job descriptions for Executive Assistant to the City Manager/City Clerk and Executive Assistant to the City Manager/City Clerk Trainee; and an amendment to the Salary Schedule of the existing Confidential Schedule of Benefits and Policies adopted by Resolution No. 2021-228 dated November 9, 2021, to include all approved Confidential Salaries
H. Removed for separate consideration
The following items were removed from the Consent Calendar for separate consideration:
6D Awarding a Retainer Agreement with GHD, Inc. of San Luis Obispo, California, for City Project No. 21-030 "RFQ for Traffic Engineering Services" in an amount not to exceed $150,000 annually or $600,000 in total
Council and Staff discussion included clarification on the services that would be provided by GHD Inc. Deputy Development Services Director Katie Quintero said that this company would not be replacing staff, but only providing professional expertise.
Mayor Bublak adjourned to the Special City Council Meeting at 6:30 p.m.
Mayor Bublak reconvened the Regular City Council Meeting at 7:16 p.m.
Mayor Bublak opened public comment. No one spoke. Mayor Bublak closed public comment
Action: Motion: Awarding a retainer agreement with GHD, Inc. of San Luis Obispo, California, for City Project No. 21-030 "RFQ for Traffic Engineering Services" in an amount not to exceed $150,000 annually or $600,000 in total was introduced by Councilmember Monez, seconded by Councilmember Franco and carried 5/0 by the following vote:
Councilmember Councilmember Councilmember Councilmember Mayor Larson Nosrati Franco Monez Bublak
Yes Yes Yes Yes Yes
6H Reaffirming the Proclamation of a Local Emergency by Interim City Manager Sarah Tamey No Mice and sued y miein City Manager Saran Tanay Eady Toad ol Emergency Services)
Council and staff discussion included:
Councilmember Nosrati noted he would vote no on this matter until it is treated as an emergency.
Mayor Bublak opened public comment.
The following members of the public spoke:
Ron Bridegroom
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Regular Meeting
January 25, 2022
Mayor Bublak closed public comment.
Councilmember Larson introduced a motion, seconded by Councilmember Nosrati, to approve the recommended action as written with an addition to have representatives from Emanuel Medical Center present to provide a COVID-19 update to the public.
Action: Reaffirming the Proclamation of a Local Emergency by Interim City Manager Sarah Tamey Eddy (Director of Emergency Services) in Response to a continuing Unsheltered Homeless Crisis (UHC) within the City of Turlock and Confirming Rules and Regulations No. 1 Made and Issued by Interim City Manager Sarah Tamey Eddy (Director of Emergency Services) with the addition of having representatives from Emanuel Medical Center present a COVID-19 update to the public. The motion was introduced by Councilmember Larson, seconded by Councilmember Nosrati, and failed 2/3 by the following vote:
Councilmember Councilmember Councilmember Councilmember Mayor Larson Nosrati Franco Monez Bublak
No
Councilmember Monez made a motion to approve the recommended action as written in the staff report.
Action: Resolution No. 2022-014: Reaffirming the Proclamation of a Local Emergency by Interim City Manager Sarah Tamey Eddy (Director of Emergency Services) in Response to a continuing Unsheltered Homeless Crisis (UHC) within the City of Turlock and Confirming Rules and Regulations No. 1 Made and Issued by Interim City Manager Sarah Tamey Eddy (Director of Emergency Services) was introduced by Councilmember flowing etended by Councilmember Franco, and carried 5/0 by the Councilmember Councilmember Councilmember Councilmember Mayor Larson Nosrati Franco Monez Bublak
Yes Yes Yes Yes Yes
7. FINAL READINGS: None
8. PUBLIC HEARINGS: None
ACTION ITEMS:
A. Deputy Director of Development Services Katie Quintero presented the staff report on the request to approve Amendment 1 to the agreement between City of Turlock and Michael Baker International, Inc. (City Contract No. 2022-45) in the amount of $1,408,105.35 for City Project No. 22-001 "Design of Projects for 2022 Construction for Roads Program" and to approve a 10% contingency in the amount of $140,000 for potential unanticipated changes in the scope of services and to authorize staff to proceed with advertising, for construction upon completion of bid documents and to appropriate $1,548, 106 to account number 118-10-115-800.43366 001 Roads Program "Design MBI" to be funded from Fund 118 "Measure A" unassianed reserves to provide the necessary funding.
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Regular Meeting
January 25, 2022
Councilmember Monez left the dais at 7:28 pm & returned at 7:31 pm Council and staff discussion included clarification on the two different road sections, the streets needing to be ADA compliant, and how the pricing and staffing hours for the project are determined
Mayor Bublak opened public comment.
The following members of the public spoke:
Ron Bridegroom
Mayor Bublak closed public comment.
Concerns were made regarding the proposed costs of the road repairs and which roads are on the list to be repaired. Roads Program Manager Fred Pezeshk clarified the intention of this item is for the approval of the advertising for construction for the Roads Program and not for the construction itself.
Councilmember Larson made a motion to go out to bid instead of utilizing Michael Baker.
Action: Motion: Motion by Councilmember Larson, seconded by Councilmember Nosrati, authorizing staff to proceed with going out to bid for advertising for construction, City Project No. 22-001 "Design of Projects for 2022 Construction for Roads Program" upon completion of bid documents.
Motion fails 2/3 by the following vote:
Councilmember Councilmember Councilmember Councilmember Mayor Larson Nosrati Franco Monez Bublak
No
Councilmember Franco motioned to approve the recommended motion and resolution.
Action: Motion: Motion by Councilmember Franco, seconded by Councilmember Monez approving Amendment No. 1 to the Agreement between the City of Turlock and Michael Baker International, Inc. (Walnut Creek, California office) for Professional Services (City Contract No. 2022-45) in the amount of $1,408,105.35 (Fund 118 "Measure A") for City Project No. 22-001 "Design of Projects for 2022 Construction for Roads Program" in a form approved by the City Attorney AND approving a 10% contingency in the amount of $140,000 for potential unanticipated changes in the scope of services. Motion carried 4/1 by the following vote:
Councilmember Councilmember Councilmember Councilmember Mayor Larson Nosrati Franco Monez Bublak
Yes No Yes Yes Yes
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Regular Meeting
January 25, 2022
Action: Motion: Motion by Councilmember Franco, seconded by Councilmember Monez authorizing staff to proceed with advertising, for construction, City Project No. 22-001 "Design of Projects for 2022 Construction for Roads Following upon completion of bid documents. Motion carried 4/1 by the Councilmember Councilmember Councilmember Councilmember Mayor Larson Nosrati Franco Monez
Yes Yes Yes Yes
Action: Resolution No. 2022-015: Motion by Councilmember Franco, seconded by Councilmember Monez appropriating $1,548,106 to account number 118-10-115-800.43366_001 Roads Program "Design MBI" to be funded from Fund 118 "Measure A" unassigned reserves to provide the necessary funding for City Project No. 22-001 "Design of Projects for 2022 Construction for Roads Program". Motion carried 4/1 by the following vote:
Councilmember Councilmember Councilmember Councilmember Mayor Larson Nosrati Franco Monez Bublak
Yes Yes Yes
B. Interim Municipal Services Director Dan Madden presented the staff report to approve Amendment No. 2 with Carollo Engineers of Walnut Creek, California. Staff presented two different agreement options to the Mayor and Councilmembers. Option 1: Approving Amendment No. 2 with Carollo Engineers of Walnut Creek, California, in the amount of $799,475 (Fund 410), bringing the contract total to $1,767,849, for design, engineering services during construction, construction management services, SCADA programming and integration services for City Project No. 20-032 "Chemical System Upgrades Project at RWQCF" OR Option 2: Approving Amendment No. 2 with Carollo Engineers of Walnut Creek, California, in the amount of $145,843 (Fund 410), bringing the contract total to $1,114,247, for design, engineering services during construction, construction management services, and SCADA programming and integration services for City Project No. 20-032 "Chemical System
Upgrades Project at RWQCF".
Mayor Bublak announced there was a green sheet on this matter.
Council and staff discussed the various options provided to the City Council by City Staff.
Mayor Bublak opened public comment
The following members of the public spoke:
Ron Bridegroom
Mayor Bublak closed public comment.
Councilmember Larson made a motion to table this item until the next meeting to allow more time to read the changes made by the green sheet.
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Regular Meeting
January 25, 2022
Action: Motion: Motion by Councilmember Larson, seconded by Councilmember Nosrati, requesting to continue this item until the February 8, 2022 Regular City Council Meeting. Motion failed 1/4 by the following vote:
Councilmember Councilmember Councilmember Councilmember Mayor Larson Nosrati Franco Monez Bublak
Yes No No No No
Councilmember Monez made a motion to approve Option 1 as recommended.
Action: Motion: Motion to approve Option 1 by Councilmember Monez, seconded by Councilmember Franco, approving Amendment No. 2 with Carollo Engineers of Walnut Creek, California, in the amount of $799,475 (Fund 410), bringing the contract total to $1,767,849, for design, engineering services during construction, construction management services, SCADA programming and integration services for City Project No. 20-032 "Chemical System Upgrades Project at RWQF". Motion carried 4/1 by the following vote:
Councilmember Councilmember Councilmember Councilmember Mayor Larson Nosrati Franco Monez Bublak
No Yes Yes Yes Yes
Fire Chief Botto/Chief Ernst presented the staff report to authorize Interim City Manager to execute an agreement in a form approved by the City Attorney, with the City of Modesto to provide fire administrative support services by a regional fire administration team by providing staff to fill the role and responsibilities of Fire Chief for the City of Turlock AND appropriate $126,554.28 to account number 110-10-109.43060_000 "Contract Services General" from "Unrestricted General Fund Reserve" to fund fire administrative services with the City of Modesto.
Mayor Bublak announced there was a green sheet on this matter.
Chief Botto read the green sheet into the record, which was a letter of agreement from the Turlock Firefighters Association L2434.
Councilmember Franco left the dais at 8:55 pm & returned at 8:57 pm.
Council and staff discussed the City of Modesto being able to provide a designated COVIDEOC, as well as being contracted with First Alarm & Wellness regarding COVID, as well as a discussion related to wanting to keep Fire Services within Turlock.
Mayor Bublak opened public comment
The following members of the public spoke:
Ron Bridegroom
Carrie Dompe
Mayor Bublak closed public comment.
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Regular Meeting
January 25, 2022
Additional Council and staff discussion included the financial analysis, and that Turlock will not be closing any fire stations.
Councilmember Nosrati and Councilmember Larson stated that the City should wait until City Management is in place before making a final decision.
Action: Motion: Motion by Councilmember Monez, seconded by Councilmember Franco, authorizing Interim City Manager to execute an agreement in a form approved by the City Attorney, with the City of Modesto to provide fire administrative support services by a regional fire administration team by oroviding staff to fill the role and responsibilities of Fire Chief for the City of Turlock. Motion carried 4/1 by the following vote:
Councilmember Councilmember Councilmember Councilmember Mayor Larson Nosrati Franco Monez Bublak
No Yes Yes Yes Yes
Resolution No. 2022-016: Motion by Councilmember Monez, seconded by Councilmember Franco, appropriating $126,554.28 to account number 110-10-109.43060_000 "Contract Services General" from "Unrestricted General Fund Reserve" to fund fire administrative services with the City of Modesto. Motion carried 4/1 by the following vote:
Councilmember Councilmember Councilmember Councilmember Mayor Larson Nosrati Franco Monez Bublak
Yes Yes Yes
D. Community Housing Programming Supervisor Maria Ramos presented the staff report requesting to reassign the lead entity of the City of Turlock/Stanislaus County HOME Consortium to Stanislaus County and have Turlock remain as a member City OR disband the City of Turlock/Stanislaus HOME Consortium OR apply as a single Participating Jurisdiction OR Turlock continue as the Lead Entity for the City of Turlock/Stanislaus HOME Consortium
Mayor Bublak announced there was a green sheet on this matter.
Mayor Bublak left the dais at 10:00 pm & returned at 10:03 pm.
Mayor Bublak opened public comment
The following members of the public spoke:
Angela Freitas, Stanislaus County
Maris Turpin
Julie Fox
Tinna Savini
Carrie Dompe
Linda Lopes Murphy Esquer
Mayor Bublak closed public comment.
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Regular Meeting
January 25, 2022
Additional Council and staff discussion included funding threshold for Option 3.
Councilmember Franco shared various concerns regarding the Home Consortium and made a motion for Option 1 to have Stanislaus County take over as management authority, but wanted to add a caveat to have a forensic/HUD audit.
Councilmember Larson shared her concerns regarding Turlock being the only city ir Stanislaus County that is utilizing these funds. Community Housing Program Supervisor Maria Ramos explained that other cities just haven't asked for any funding. All they would need to do is ask for it.
Councilmember Monez seconded Councilmember Franco's motion for Option 1 to have Stanislaus County take over as the Home Consortium management authority with the caveat to have a forensic/HUD audit.
There was discussion regarding limiting the lead entity renewable agreement to one year.
Action: Motion: Motion by Councilmember Franco, seconded by Councilmember Monez, to authorize Staff to move toward Option 1: Reassigning the lead entity of the City of Turlock/Stanislaus County HOME Consortium to Stanislaus County and have Turlock remain as a member City, and to assess the downside of the financial risk/legacy cost that it would have on the General Fund, as well as authorize Staff to explore whether there can be a 1-year term on the Home Consortium lead entity renewable agreement. Motion carried 3/2 by the following vote:
Councilmember Councilmember Councilmember Councilmember Mayor Larson Nosrati Franco Monez Bublak
No No Yes Yes Yes
Finance Director Isaac Moreno presented the staff report requesting to authorize Interim City Manager to execute an agreement with Opportunity Stanislaus to develop and manage Business Development and Assistance Program AND approve a Service Agreement between the City of Turlock and Opportunity Stanislaus for the Business Development and Assistance Program and appropriating $481,338 from Fund 119 [American Rescue Plan Act (ARPA)] Unassigned Reserves to Expense Account Number 119-10-118.43060_047 "Contract Services Business Dev. And Assist Program".
There was discussion regarding how to get the community engaged in a program like this.
Mayor Bublak opened public comment
The following members of the public spoke:
Ron Bridegroom
Cheryl
Mayor Bublak closed public comment.
Council discussed how this would be great for Turlock and a great way to utilize ARPA funds.
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Regular Meeting
January 25, 2022
Mayor Bublak and Councilmember Franco talked about hosting a summit in District 4 to discuss various ways ARPA money can be spent.
Mayor Bublak stated that Opportunity Stanislaus will assist the struggling businesses of Turlock.
Action: Motion: Motion by Councilmember Monez, seconded by Councilmember Councilmember | Councilmember Councilmember Councilmember Mayor Larson Nosrati Franco Monez Bublak
Yes No Yes Yes Yes
Resolution No. 2022-017: Motion by Councilmember Monez, seconded by Councilmember Franco, approving a Service Agreement between the City of Turlock and Opportunity Stanislaus for the Business Development and Assistance Program and appropriating $481,338 from Fund 119 [American Rescue Plan Act (ARPA)] Unassigned Reserves to Expense Account Number 119-10-118.43060_047 "Contract Services Business Dev. And Assist Program". Motion carried 4/1 by the following vote:
Councilmember Councilmember Councilmember Councilmember Mayor Larson Nosrati Monez Bublak
Yes
10. CITY MANAGER REPORTS/UPDATES
City Manager reports/updates are provided for informational purposes only and no action or discussion may be undertaken. The City Manager may direct department heads to provide reports/updates at the City Manager's request Municipal Services Department (Madden)
A written Municipal Services Department update was provided in the agenda packet related to transitioning over to Sodium Hypochlorite for disinfection Fire Department (Botto)
A written Fire Department update was provided in the agenda packet related to the different training and activities the department has participated in, a COVID- 19 update, as well as all of the different types of emergency calls the department has responded to for 2021.
City Manager (Eddy)
1. A written Administration update was provided in the agenda packet related to the City Hall modified reopening.
11. COUNCIL ITEMS FOR FUTURE CONSIDERATION: None
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Regular Meeting
January 25, 2022
12. AD HOC COMMITTEE REPORTS: None
13. COUNCILMEMBER QUESTIONS, COMMENTS, AND ANNOUNCEMENTS Che Brime Actres nailuestious pron or a com ye legae bie announcements on notable topics of interest.
Councilmember Nosrati stated that the City Council should not be focusing on what City Staff is doing, but rather city policy that will help the city grow.
Councilmember Monez stated that she will be having a townhall meeting in District 2, Monday Jan. 31st, 2022, at 7:00pm at the Sikh Temple. COVID screening will be taking place at the door.
She said she wanted to hear from District 2 residents.
Mayor Bublak gave her condolences to Mrs. Kofitnow because Ron Koftinow passed away. She said that he had served as Chairman on the Measure A Committee.
Mayor Bublak stated that she wanted to get an update on AMR.
Council and staff discussed the second portion of the RAD Card funds.
14. CLOSED SESSION:
Deputy City Clerk Lisa Schimmelfennig introduced the Closed Session Items.
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): (1 case)
B. Public Employee Appointment, Cal. Gov't Code §54957(b)(1) Title: City Manager
Unrepresented Employee(s): City Manager
15. REPORTS FROM CLOSED SESSION
Mayor Bublak indicated no action was taken during Closed Session.
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Regular Meeting
January 25, 2022
16. ADJOURNMENT
Mayor Bublak adjourned the special meeting at 11:53 p.m. Motion carried unanimously.
RESPECTFULLY SUBMITTED
Ushe
Lisa Schimmelfennig, Deputy City Clerk