APRIL 26, 2022 MINUTES
6:00 p.m. Regular Meeting
City of Turlock Yosemite Room Turlock City Council
156 S. Broadway, Turlock, California
CALL TO ORDER
SALUTE TO THE FLAG
ROLL CALL
Councilmember
Larson
Councilmember
Nosrati
Vice Mayor
Franco
Councilmember
Monez
Mayor
Bublak
Present Absent Present Present Present
Present: Councilmembers Nicole Larson, Rebecka Monez, Vice Mayor Franco and Mayor Amy Bublak
Absent: Council Member Andrew Nosrati
DECLARATION OF CONFLICTS: None
1. CLOSED SESSION:
Closed session items for this meeting were agendized and heard towards latter part of the meeting.
2. APPROVAL OF AGENDA AS POSTED OR AMENDED
Action: Motion by Councilmember Monez, seconded by Vice Mayor Franco, approving the agenda as posted. Motion passed 4/0 by the following vote:
Councilmember
Larson
Councilmember
Nosrati
Vice Mayor
Franco
Councilmember
Monez
Mayor
Bublak
Yes - Yes Yes Yes
3. PROCLAMATIONS, RECOGNITIONS, APPOINTMENTS, ANNOUNCEMENTS, PRESENTATIONS, AND BRIEFINGS:
A. Proclamation: National Volunteer Week
Mayor Bublak read a Proclamation recognizing National Volunteer Week. Volunteer Neil “Skip” Young and Explorer Marissa Guillen accepted the proclamation on behalf of the volunteers of the Turlock Police Department.
4. PUBLIC PARTICIPATION:
Mayor Bublak opened the meeting to public participation and the following members of the public provided comment:
Lori Smith
Ramon Rodriguez
John Gebelein
Terri Shaver
Lindsay Plett
Vito Chiesa
Cheryl Reiland
Member of the public
Mayor Bublak closed public participation.
Council Minutes
4/26/22
5. MOTION WAIVING READING OF ALL ORDINANCES ON THE AGENDA, EXCEPT BY TITLE
Action: Motion by Vice Mayor Franco, seconded by Councilmember Monez, waiving reading of all ordinances on the agenda, except by title. Motion carried 4/0 by the following vote:
Councilmember
Larson
Councilmember
Nosrati
Vice Mayor
Franco
Councilmember
Monez
Mayor
Bublak
Yes - Yes Yes Yes
6. CONSENT CALENDAR:
Council Member Larson requested Consent Calendar Items 6G and 6H be removed for separate consideration.
Action: Motion by Councilmember Monez, seconded by Councilm ember Franco, adopting the amended consent calendar. Motion carried 4/0 by the following vote:
Councilmember
Larson
Councilmember
Nosrati
Vice Mayor
Franco
Councilmember
Monez
Mayor
Bublak
Yes - Yes Yes Yes
A. Resolution No. 2022-068 : Accepting Weekly Demands of April 7, 2022 in the amount of $2,346,214.82 and April 14, 2022 in the amount of $710825.96 B. Motion : Accepting Minutes of the Regular and Special City Council Meetings of April 12, 2022 C. Resolution No. 2022-069 : Approving a Memorandum of Understanding (MOU) with Stanislaus County to participate financially in a County-led r oad rehabilitation project in select county islands adjacent to the City’s public right of way for City Project No. 21-022, “Road Rehabilitation Adjacent to County Islands,” to be funded from Measure L D. Resolution No. 2022-070 : Accepting the 2022 schedule of maximum allowable fees charged by tow companies
E. Resolution No. 2022-071 : Authorizing the City Manager to extend recruitment incentives, pre- accrual of up to 80 hours of vacation and up to 40 hours of sick leave, to attract and retain highly qualified candidates to fill vacancies identified in the citywide Council adopted allocated personnel plan
F. 1) Resolution No. 2022-072 : Authorizing the City Manager to execute a Memoran dum of Understanding (MOU) between the Stanislaus Council of Governments (StanCOG) and the City of Turlock for implementation of the Turlo ck Transit Amtrak Shuttle, a Measure L Rail Services Project, to include execution of all agreements, assurances, and related documents necessary to implement the specified project; AND
2) Resolution No. 2022-073 : Appropriating $137,482 in Measure L Rail Services grant funding to various accounts as specified in the Resolution and $137,482 expenses to various accounts as specified in the resolution to complete the necessary funding to continue operation of the Turlock Transit Amtrak Shuttle pilot project
G. Removed for separate consideration
H. Removed for separate consideration
Council Minutes
4/26/22
I. Resolution No. 2022-074 : Approving revised job descriptions for Utilities Maintenance Worker I/II, Utilities Maintenance Worker – Senior, Utilit ies Supervisor – Assistant, and Utilities Supervisor
J. Resolution No. 2022-075 : Authorizing the City Manager to have the City of Turlock be a sponsor for Love Turlock 2022 Event at a $2,000 sponsorship G. Motion : Directing staff to remove buffered bicycle lanes and retain on-street parking for City Project 17-53 “Golden State Rehabilitation 20 th Century Boulevard to Main Street” Council and staff discussed this item.
Mayor Bublak opened public participation. A member of the public spoke but did not provide name. Mayor Bublak closed public participation.
Action : Motion by Councilmember Monez, seconded by Vice M ayor Franco, directing staff to remove buffered bicycle lanes and retain on-street parking for City Project 17-53 “Golden State Rehabilitation 20
th Century Boulevard to Main Street.” Motion carried
4/0 by the following vote:
Councilmember
Larson
Councilmember
Nosrati
Vice Mayor
Franco
Councilmember
Monez
Mayor
Bublak
Yes - Yes Yes Yes
H. 1) Motion : Authorize appropriation for subsidization of Seni or Refuse Discount for the remaining of the fiscal year; AND
2) Resolution No. 2022-076 : appropriating $60,000 to account number 110-00-00 0.47082 “Senior Garbage Credit” to be funded from Fund 110 “General Fund” unassigned reserves to provide the necessary funding for Senior Trash Discount Council and staff discussed this item.
Mayor Bublak opened public participation. The following members of the public spoke:
Milt Trieweiler
John Gebelein
Mayor Bublak closed public participation.
Action : Motion by Vice Mayor Franco, seconded by Councilm ember Monez, authorizing appropriation for subsidization of Senior Refuse Di scount for the remaining of the fiscal year. Motioned carried 3/1 by the following vote:
Councilmember
Larson
Councilmember
Nosrati
Vice Mayor
Franco
Councilmember
Monez
Mayor
Bublak
No - Yes Yes Yes
Resolution No. 22-076 : Appropriating $60,000 to account number 110-00- 000.47082 “Senior Garbage Credit” to be funded from Fund 110 “General Fund” unassigned reserves to provide the necessary fundin g for Senior Trash Discount was introduced by Vice Mayor Franco, seconded by Co uncilmember Monez, and carried 3/1 by the following vote:
Council Minutes
4/26/22
Councilmember
Larson
Councilmember
Nosrati
Vice Mayor
Franco
Councilmember
Monez
Mayor
Bublak
No - Yes Yes Yes
7. FINAL READINGS:
None
8. PUBLIC HEARINGS:
A. Request to Amend the Turlock Municipal Code, Tit le 4, to add Chapter 19 Police Acquisition and use of “Military Equipment” (Pacheco)
Captain Pacheco provided a staff report regarding a request to amend the Turlock Municipal Code, Title 4 to add Chapter 19 Police Acquisition and use of “Military Equipment.” Council and staff discussed this item, including clarification on the types and uses of the equipment.
Mayor Bublak opened the public hearing.
The following members of the public spoke:
Milt Trieweiler
Mayor Bublak closed the public hearing.
Staff provided brief comment in response to public comment.
Council and staff further discussed this item.
Action: Motion by Vice Mayor Franco, seconded by Councilme mber Monez, Introducing an Ordinance Amending the Turlock Municipal Code, Title 4, to add Chapter 19 Police Acquisition and use of “Military Equipment.” Motio n carried 4/0 by the following vote:
Councilmember
Larson
Councilmember
Nosrati
Vice Mayor
Franco
Councilmember
Monez
Mayor
Bublak
Yes - Yes Yes Yes
B. Request for the City Clerk to confirm: a) Proof of Publication of Notice of Public Hearing; b) Signed Waiver and Consent; c) Completed and Signed Ballot and d) Signed Certificate of Clerk Regarding Receipt of Property Owner Waiver and Consent Form and Ballot Declaring Election Results (Project Planner to prompt and facilitate t hese steps) AND Mayor and City Council conduct public hearing confirming that no protests have been received – close hearing and adopt the two Resolutions below AND Calling a Speci al, Mailed-Ballot Election respecting Proposed Annexation Number 33 to existing Community Facilities District Number 2 (Services Mitigation) AND Declaring the results of Mailed-Bal lot Election respecting Proposed Annexation Number 33 to Community Facilities Distri ct Number 2 (Services Mitigation) and ordering annexation (Quintero)
Development Services Director Quintero presented the staff report on the Request for the City Clerk to confirm: a) Proof of Publication of Notice of Public Hearing; b) Signed Waiver and Consent; c) Completed and Signed Ballot and d) Signed Certificate of Clerk Regarding Receipt of Property Owner Waiver and Consent Form and Ballo t Declaring Election Results (Project Planner to prompt and facilitate these steps) AND M ayor and City Council conduct public hearing confirming that no protests have been recei ved – close hearing and adopt the two Council Minutes
4/26/22
Resolutions below AND Calling a Special, Mailed-Bal lot Election respecting Proposed Annexation Number 33 to existing Community Facilities District Number 2 (Services Mitigation) AND Declaring the results of Mailed-Ballot Election respecting Proposed Annexation Number 33 to Community Facilities District Number 2 (Services Mitigation) and ordering annexation.
City Clerk Christel confirmed a) Proof of Publication of the Notice of Public Hearing; b) Signed Waiver and Consent form; c) Completed and Signed Ballot, noting the ballot received from the property owner authorized the annexation of the property to the existing Community Facilities District No. 2; and d) Signed Certificate of Clerk Regarding Receipt of Property Owner Waiver and Consent Form and the Ballot Declaring Election Results.
Mayor Bublak opened the public hearing. No one spok e. Mayor Bublak closed the public hearing.
Action: Confirmation : City Clerk confirms: a) Proof of Publication of Notice of Public Hearing; b) Signed Waiver and Consent; c) Completed and Signed Ballot and d) Signed Certificate of Clerk Regarding Receipt of Pr operty Owner Waiver and Consent Form and Ballot Declaring Election Results (Project Planner to prompt and facilitate these steps)
Public Hearing : Mayor and City Council conduct public hearing confirming that no protests have been received – close hearing and adopt the two resolutions below:
Resolution No. 2022-077 : Calling a Special, Mailed-Ballot Election respec ting Proposed Annexation Number 33 to existing Community Facilities District Number 2 (Services Mitigation); and,
Resolution No. 2022-078 : Declaring the results of Mailed-Ballot Election respecting Proposed Annexation Number 33 to Communi ty Facilities District Number 2 (Services Mitigation) and ordering annexat ion was introduced by Vice Mayor Franco, seconded by Councilmember Monez, and carried 4/0 by the following vote:
Councilmember
Larson
Councilmember
Nosrati
Vice Mayor
Franco
Councilmember
Monez
Mayor
Bublak
Yes - Yes Yes Yes
9. ACTION ITEMS:
A. Appropriating $394,172 to account number 215-40 -420.51210 “Federal Street Projects” to be funded from Fund 218 “Measure L” unallocated reserves to provide necessary funding for City Project No. 20-031 “Hedstrom Road Rehabilitation” a nd awarding bid and approving an Agreement in the amount of $908,088 (Non-General Fund - Fund 215) with Dirt Dynasty, Inc., of Farmington, California, for City Project No. 20-031 “Hedstrom Road Rehabilitation.
Development Services Director Quintero provided a staff report and update on the Hedstrom Road Rehabilitation Project. Council and staff dis cussed this item and then Mayor Bublak opened the item for public participation. With no comments from the public, Mayor Bublak closed the public participation period.
Council Minutes
4/26/22
Action: Motion by Councilmember Monez, seconded by Vice May or Franco awarding bid and approving an Agreement in the amount of $908,088 (Non-General Fund - Fund 215) with Dirt Dynasty, Inc., of Farmington, Califo rnia, for City Project No. 20-031 “Hedstrom Road Rehabilitation.” Motion carried 4/0 by the following vote:
Councilmember
Larson
Councilmember
Nosrati
Vice Mayor
Franco
Councilmember
Monez
Mayor
Bublak
Yes - Yes Yes Yes
Resolution No. 2022-079 : Appropriating $394,172 to account number 215-40- 420.51210 “Federal Street Projects” to be funded fr om Fund 218 “Measure L” unallocated reserves to provide necessary funding f or City Project No. 20-031 “Hedstrom Road Rehabilitation” was introduced by Co uncilmember Monez, seconded by Vice Mayor Franco, and carried 4/0 by the following vote:
Councilmember
Larson
Councilmember
Nosrati
Vice Mayor
Franco
Councilmember
Monez
Mayor
Bublak
Yes - Yes Yes Yes
10. CITY MANAGER REPORTS/UPDATES
City Manager Wilson announced that he will be submi tting a monthly department report in the agenda packets. He also introduced Municipal Services Director Madden who spoke of an award that the City of Turlock recently received from the American Society of Civil Engineers for the Outstanding Water and Waste Water Treatment Project for the entire state of California.
City Manager Wilson also announced that the Arbor Day Event at Dominic Park will begin at 1:00 p.m. He also provided an update on the Ace Train.
Staff and the City Council responded to questions presented by the public earlier in the meeting.
Councilmember Larson spoke about public participation.
11. COUNCIL ITEMS FOR FUTURE CONSIDERATION
12. COUNCILMEMBER QUESTIONS, COMMENTS, AND ANNOUNCE MENTS
Mayor Bublak encouraged everyone to participate in the Love Turlock Event on April 30, 2022.
Vice Mayor Franco reminded everyone that the Mayor’ s State of Turlock Address scheduled for Thursday, April 28, 2022, that local business owner s can still sign up for the Business Summit scheduled for May 24, 2022 and that the HOME Consor tium Action Plan is available on the city website and the public comment period is open until May 6, 2022.
13. CLOSED SESSION:
City Clerk Christel introduced the Closed Session Items.
A. Conference with Legal Counsel - Pending Litigati on, California Government Code §54956.9(d)(4)
“For purposes of this section, litigation shall be c onsidered pending when any of the following circums tances 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
Council Minutes
4/26/22
B. Conference with Labor Negotiators - California Government Code §54957.6(a) “Notwithstanding any other provision of law, a legislative body of a local agency may hold closed sessions with the local agency’s designated representatives regarding the salaries, salary schedules, or compensation pa id in the form of fringe benefits of its represented and unrepresented employees, and, for represented employees, any other matter within the statutorily provided scope of representation.” Agency Designated Representative: Deputy City Manager Sarah Eddy Employee Organization: Turlock Firefighters Association – Local 2434 Employee Organization: Turlock Management Association – Public Safety
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 o f the following: The receipt of a claim pursuant 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 plaintiff threatening litigation, which c laim or communication shall be available for public inspection pursuant to Section 54957.5.”
Claimant: Bruce Wedin
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 o f the following: The receipt of a claim pursuant 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 plaintiff threatening litigation, which c laim or communication shall be available for public inspection pursuant to Section 54957.5.”
Claimant: Curtiss Deoliveria
Agency Claimed Against: City of Turlock
14. REPORTS FROM CLOSED SESSION
Mayor Bublak reported that for the Closed Session Items, no reportable action was taken.
15. ADJOURNMENT
Mayor Bublak adjourned the meeting at 8:14 p.m.
Respectfully submitted
Julie Christel, City Clerk