City Council Meeting
Agenda
APRIL 12, 2022
6:00 p.m.
City of Turlock Yosemite Room
156 S. Broadway, Turlock, California
Mayor
Amy Bublak
City Manager
Council Members Reagan M. Wilson
Nicole Larson Rebecka Monez City Clerk
Andrew Nosrati Pam Franco Julie Christel
Vice Mayor City Attorney
George A. Petrulakis
0. CALL TO ORDER
SALUTE TO THE FLAG
ROLL CALL
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 items from the agenda or to change the order of the agenda. Matters may be taken up out of order of th e established agenda by a four-fifths vote of the City Council.
3. PROCLAMATIONS, RECOGNITIONS, APPOINTMENTS, ANNOU NCEMENTS, PRESENTATIONS, AND BRIEFINGS:
A. Proclamation: Arbor Day
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 committed 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 54954.3, any member of the public may directly address the City Council on any item appearing on the agenda, including Consent Calendar and Public Hearing items, before or durin g 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 documents may be available on the City’s website subject to staff’s ability to post the documents before the meeting.
AMENDMENT NO. 1
Dated April 8, 2022
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B. Proclamation: Allison Van Guilder
C. Proclamation: Sergeant Lieutenant James Silveira
D. Presentation: Roads Project Update presented by Jim Porter, PE, Vahid Ganji, Ph.D., P.E., and Nabaz Saieed of Michael Baker, International
4. PUBLIC PARTICIPATION
Pursuant to California Government Code Section 54954.3(a), this is the time set aside for members of the public to directly address the City Council on any item of interest to the public that is withi n the subject matter jurisdiction of the City Council and to address the Council on any item on tonight’s agenda, including Consent Calendar items. 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 undertaken on any item not appearing on the posted agenda, except that the City Council, or its staff, may briefly respond 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 he reinbelow has been forwarded to each Councilmember prior to this meeting for study. Unl ess the Mayor, a Councilmember or member of the audience has questions concerning the Consen t Calendar, the items are approved at one time 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 Weekly Demands of March 11, 2022 in th e amount of $1,024,043.02; Weekly Demands of March 18, 2022 in the amount of $3,823,537.78; and Weekly Demands of March 25, 2022 in the amount of $1,009,279.50 B. Motion : Accepting Minutes of the Regular and Special Meetings of March 22, 2022 C. Motion : Approving of Contract Change Order No. 4 in the amount of $79,489.01 (Fund 420) with Clark Bros., Inc., of Fresno, California, for City Project No. 20-027 “City Wide Chlorination” bringing the contract total to $4,497,221.16 D. Resolution : Authorizing the City Manager to seek Measure L Ra il Services grant funding from the Stanislaus Council of Governments (StanCOG) for an Amtrak Shuttle pilot project to provide enhanced demand-response transit connect ivity to the Turlock-Denair Amtrak Station for a 27-month grant period commencing on April 1, 2022 E. Resolution: Accepting the 2021 General Plan Annual Report purs uant to California Government Code Section 65400(a)(2) to be submitted to the Governor’s Office of Planning and Research and the California Department of Housing and Community Development
F. Motion : Approving an agreement between the City of Turloc k and Economic & Planning Systems, Inc. (EPS) to provide administrative services in connection with the annual direct assessment process for Turlock Community Facilities District (CFD) No. 1 – Monte Vista Corridor (District)
Council Agenda
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G. Motion : Approving Supply Agreements for the purchase of j anitorial paper and cleaning supplies between the City of Turlock, Randik Paper Company and Central Sanitary Supply in an annual compensation amount not to exceed $30,000 per Agreement H. Resolution : Approving the initiation of the Master Lease-Purc hase Agreement with PNC Equipment Finance for the purchase of two (2) Pierce Velocity Pumpers I. Resolution : Reaffirming the Director of Emergency Services Proclamation of the existence of a local emergency in response to COVID-19
J. Resolution : Approving revisions to the job description for Battalion Chief
7. FINAL READINGS: None
8. PUBLIC HEARINGS: None
9. ACTION ITEMS:
A. Appropriating funding for the remainder of FY 21 -22 and approving the reorganization of City departments, including the realignment of City personnel and services, revisions to relevant job descriptions, amendments to salary sch edules, and position allocation and budget adjustments, as follows:
1) Accepting and endorsing the City Manager’s relat ed appointment of Erik Schultze to the position of Deputy Public Works Director effective April 12, 2022 2) Accepting and endorsing the City Manager’s relat ed appointment of Katie Quintero to the position of Development Services Director effective April 12, 2022 3) Accepting and endorsing the City Manager’s relat ed appointment of Jessie Dhami to the position of Human Resources Director effective April 12, 2022 4) Accepting and endorsing the City Manager’s relat ed appointment of Sarah Tamey Eddy to the position of Deputy City Manager effective April 12, 2022 5) Approving and adopting the reorganization of Dep artments as reflected in the organizational charts attached hereto as Attachment “A,” and eliminates the Administrative Services Department and Parks, Recreation, and Public Facilities Maintenance Department
6) Approving the related cost summary attached here to as Attachment “B” 7)
Approving the related position list attached hereto as Attachment “C” 8) Approving the related amendments to salary schedules attached hereto as Attachment “D”
9) Approving the related job descriptions attached hereto as Attachment “E”
Recommended Action:
Resolution : Appropriating funding for the remainder of FY 21- 22 and approving the reorganization of City departments, including the r ealignment of City personnel and services, revisions to relevant job descriptions, a mendments to salary schedules, and position allocation and budget adjustments, as follows:
1) Accepting and endorsing the City Manager’s relat ed appointment of Erik Schultze to the position of Deputy Public Works Director effective April 12, 2022 2) Accepting and endorsing the City Manager’s relat ed appointment of Katie Quintero to the position of Development Services Director effective April 12, 2022 3) Accepting and endorsing the City Manager’s relat ed appointment of Jessie Dhami to the position of Human Resources Director effective April 12, 2022 4) Accepting and endorsing the City Manager’s relat ed appointment of Sarah Tamey Eddy to the position of Deputy City Manager effective April 12, 2022 5) Approving and adopting the reorganization of Dep artments as reflected in the Council Agenda
4/12/22
organizational charts attached hereto as Attachment “A,” and eliminates the Administrative Services Department and Parks, Recreation, and Public Facilities Maintenance Department
6) Approving the related cost summary attached here to as Attachment “B” 7) Approving the related position list attached her eto as Attachment “C” 8) Approving the related amendments to salary sched ules attached hereto as Attachment “D”
9) Approving the related job descriptions attached hereto as Attachment “E”
B. Provide direction to staff to proceed with the p reparation of plans and specifications based on the revised scope for City Project 19-51 “Columbia Pool Improvements”; and direct staff to proceed with the advertisement of plans and specifications to demo the existing fa cility in preparation for City Project 19-51 “Columbia Poo l Improvements”; and approve the advertisement for construction bids for City Projec t No. 19-51 “Columbia Pool Improvements”; and approve Amendment No. 1 to the P rofessional Services Agreement with O’Dell Engineering of Modesto, California, in the amount of $81,545 (Fund 117 “Cannabis Fund”), bringing the contract total to $2 30,075 for engineering and surveying services for City Project No. 19-51 “Columbia Pool Improvements”; and appropriate $481,545 to account number 301-50-520.51300 “Constr uction Repairs/Improvements” to be funded via a transfer from Fund 117 “Cannabis Fu nd” unallocated reserves to provide necessary funding for City Project No. 19-51 “Colum bia Pool Improvements”; and appropriate $2,000,000 to account number 301-50-520 .51300 “Construction Repairs/Improvements” to be funded via a transfer f rom Fund 117 “Cannabis Fund” unallocated reserves to provide necessary funding f or City Project No. 19-51 “Columbia Pool Improvements”; and appropriate $3,000,000 to a ccount number 301-50-520.51300 “Construction Repairs/Improvements” to be funded vi a a transfer from ARPA unallocated reserves to provide necessary funding for City Proj ect No. 19-51 “Columbia Pool Improvements.” (Quintero)
Recommended Action:
Motion : Directing staff to proceed with the preparation of plans and specifications based on the revised scope for City Project 19-51 “Columbia Pool Improvements”
Motion : Directing staff to proceed with the advertisement of plans and specifications to demo the existing facility in preparation for City Project 19-51 “Columbia Pool Improvements”
Motion : Approving the advertisement for construction bids for City Project No. 19-51 “Columbia Pool Improvements”
Motion: Approving Amendment No. 1 to the Professional Servi ces Agreement with O’Dell Engineering of Modesto, California, in the amount of $81,545 (Fund 117 “Cannabis Fund”), bringing the contract total to $230,075 for enginee ring and surveying services for City Project No. 19-51 “Columbia Pool Improvements”
Resolution: Appropriating $481,545 to account number 301-50-520 .51300 “Construction Repairs/Improvements” to be funded via a transfer f rom Fund 117 “Cannabis Fund” unallocated reserves to provide necessary funding f or City Project No. 19-51 “Columbia Pool Improvements”
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Resolution: Appropriating $2,000,000 to account number 301-50-520.51300 “Construction Repairs/Improvements” to be funded via a transfer f rom Fund 117 “Cannabis Fund” unallocated reserves to provide necessary funding f or City Project No. 19-51 “Columbia Pool Improvements”
Resolution: Appropriating $3,000,000 to account number 301-50-520.51300 “Construction Repairs/Improvements” to be funded via a transfer f rom ARPA unallocated reserves to provide necessary funding for City Project No. 19-51 “Columbia Pool Improvements”
C. Request to approve one of three options (Option A, B, or C) as described within the Staff Report specific to the utilization of Franchise Fees to offset the impact of refuse, recycling and green waste rates on residential customers. (Moreno)
Recommended Action:
Motion : Approving Option A as described within the staff report specific to the utilization of Franchise Fees to offset the impact of refuse, recy cling and green waste rates on residential customers
OR
Motion: Approving Option B as described within the staff report specific to the utilization of Franchise Fees to offset the impact of refuse, recy cling and green waste rates on residential customers
OR
Motion: Approving Option C as described within the staff report specific to the utilization of American Rescue Plan Act (ARPA) to offset the impact of refuse, recycling and green waste rates on residential customers; and
Resolution: Authorizing appropriating $6,888,710 from Fund 119 (ARPA funds) unassigned reserve to Expense Account Number 119-10-188.47599 “Refuse Rate Increase Subsidization”
D. Discuss and provide direction to Staff regarding the allocation of American Rescue Plan Act funds. (Moreno)
Recommended Action:
Provide direction to Staff regarding the allocation of American Rescue Plan Act funds.
E. Update on the progress of the Stanislaus Regiona l Water Authority (SRWA) Surface Water Project (SWP) and related improvements for acceptan ce of treated surface water. (Madden)
Recommended Action:
None.
F. Request to approve an Intelligent Transportation Systems (ITS) strategy for improvements to Turlock Transit services comprised of both short -term and long-term solutions and approve a three (3) year renewal Agreement with Swiftly, Inc., of San Francisco, California, a sole source provider of the Swiftly Platform used for transit planning, analytics, and real- time performance data, in an amount not to exceed $ 95,814 (Fund 426), without compliance to formal bid procedure pursuant to Turl ock Municipal Code Section 2-7- Council Agenda
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08(b)(2), and authorizing the City Manager to execu te all documents necessary to implement the Agreement. (York)
Recommended Action:
Motion : Approving an Intelligent Transportation Systems ( ITS) strategy for improvements to Turlock Transit services comprised of both short-term and long-term solutions
Motion : Approving a three (3) year renewal Agreement with Swiftly, Inc., of San Francisco, California, a sole source provider of the Swiftly Platform used for transit planning, analytics, and real-time performance data, in an amount not to exceed $95,814 (Fund 426), without compliance to formal bid procedure pursuant to Turl ock Municipal Code Section 2-7- 08(b)(2), and authorizing the City Manager to execu te all documents necessary to implement the 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 Manager’s request.
A. Update on streets projects not related to projec ts overseen by Michael Baker International – Development Services. (Quintero)
11. COUNCIL ITEMS FOR FUTURE CONSIDERATION
12. 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.
13. CLOSED SESSION:
A. 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 pursuant t o the Government Claims Act (Division 3.6 (commencing with Section 810) of Title 1 of the Gov ernment Code) or some other written communication from a potential plaintiff threatenin g litigation, which claim or communication shall be available for public inspection pursuant to Section 54957.5.” Claimant: Neuza Crishna Brasil
Agency Claimed Against: City of Turlock
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 pursuant t o the Government Claims Act (Division 3.6 (commencing with Section 810) of Title 1 of the Gov ernment Code) or some other written communication from a potential plaintiff threatenin g litigation, which claim or communication shall be available for public inspection pursuant to Section 54957.5.” Claimant: Jose Bernardo
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 pursuant t o the Government Claims Act (Division 3.6 (commencing with Section 810) of Title 1 of the Gov ernment Code) or some other written communication from a potential plaintiff threatenin g litigation, which claim or communication shall be available for public inspection pursuant to Section 54957.5.” Claimant: Denkha Khamo
Agency Claimed Against: City of Turlock
D. Liability Claims , Cal. Gov’t Code §54956.95
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“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 pursuant t o the Government Claims Act (Division 3.6 (commencing with Section 810) of Title 1 of the Gov ernment Code) or some other written communication from a potential plaintiff threatenin g litigation, which claim or communication shall be available for public inspection pursuant to Section 54957.5.” Claimant: Gloria Sharon Wear
Agency Claimed Against: City of Turlock
E. 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 pursuant t o the Government Claims Act (Division 3.6 (commencing with Section 810) of Title 1 of the Gov ernment Code) or some other written communication from a potential plaintiff threatenin g litigation, which claim or communication shall be available for public inspection pursuant to Section 54957.5.” Claimant: Joshua Daniel Silva
Agency Claimed Against: City of Turlock
F. Conference with Labor Negotiators , Cal. Gov’t Code §54957.6(a) “Notwithstanding any other provision of law, a legi slative body of a local agency may hold closed sessions with the local agency's designated represe ntatives regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of its represented and unrepresented employees, and, for represented employees, any othe r matter within the statutorily provided scope of representation.”
Agency Designated Representative: Interim Administrative Services Director Sarah Eddy Employee Organization: Turlock Firefighters Association-Local 2434 Employee Organization: Turlock Management Association-Public Safety
G. Conference with Legal Counsel – Pending Litigation, Cal. Gov’t Code §54956.9(d)(4) “For purposes of this section, litigation shall be considered pending when any of the following circumstances exist… Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation.” Potential Case(s): 1 case
14. REPORTS FROM CLOSED SESSION
15. ADJOURNMENT