City Council Meeting
Minutes
September 13, 2022
6:00 p.m.
City of Turlock Yosemite Room
156 S. Broadway, Turlock, California
CALL TO ORDER
Mayor Bublak called the meeting to order at 6:05 p.m.
SALUTE TO THE FLAG
ROLL CALL AND DECLARATION OF CONFLICTS
Present: Councilmembers Nicole Larson, Andrew Nosra ti, Rebecka Monez, Vice Mayor Pam Franco, and Mayor Amy Bublak.
Absent: None
Councilmember
Larson
Councilmember
Nosrati
Councilmember
Franco
Councilmember
Monez
Mayor
Bublak
None None None None None
1. APPROVAL OF AGENDA AS POSTED OR AMENDED
Action: Motion by Councilmember Monez, seconded by Vice Mayor Franco to approve the agenda as posted. Motion carried 5/0 by the following vote:
Councilmember
Larson
Councilmember
Nosrati
Councilmember
Franco
Councilmember
Monez
Mayor
Bublak
Yes Yes Yes Yes Yes
2. PROCLAMATIONS, RECOGNITIONS, APPOINTMENTS, ANNOU NCEMENTS,
PRESENTATIONS, AND BRIEFINGS
None
3. PUBLIC PARTICIPATION
Mayor Bublak announced that it was the time for public participation and the following members of the public spoke:
Loraine Norling
Susan Thomas
Pat Portwood
Ron Bridegroom
Gil Esquer
With no further comments, Mayor Bublak closed public participation. Staff and City Council responded to questions from the public.
4. MOTION WAIVING READING OF ALL ORDINANCES ON THE AGENDA, EXCEPT BY TITLE
Action: Motion waiving reading of all ordinances on the Agenda, except by title. Motioned by Councilmember Monez, seconded by Vice Mayor Franco, and carried 5/0 by the following vote:
CITY OF TURLOCK CITY COUNCIL
REGULAR MEETING MINUTES
TUESDAY, SEPTEMBER 13, 2022
Councilmember
Larson
Councilmember
Nosrati
Councilmember
Franco
Councilmember
Monez
Mayor
Bublak
Yes Yes Yes Yes Yes
5. CONSENT CALENDAR
A. Resolution: Accepting Weekly Demands of 08/18/2022 in the amou nt of $352,167.04 and 8/25/2022 in the amount of $609,072.25
B. Motion: Accepting Minutes of the Regular Meetings of 08/09/2022 C. 1) Resolution: Approving Contract Change Order No. 1 (Final) in t he amount of $89,127.77 (Fund 215) with Rolfe Construction, Atwater, Califo rnia, for City Project No. 16-60 “Linwood Ave. Active Transportation Program (ATP) Improvemen ts” bringing the contract total to $815,528.77
2) Motion : Accepting improvements for City Project No. 16-60 “Linwood Ave ATP Improvements” and authorizing the City Engineer to file a Notice of Completion D. ITEM PULLED FOR SEPARATE CONSIDERATION.
E. Resolution : Awarding RFB No. 22-017 and approving an Agreemen t with Central Valley Concrete, Inc. for the supply of aggregate, asphaltic concrete, and related materials at various City locations for a period of one (1) year, with an option to extend the Agreement for three (3) additional one-year terms, in an annual amount not to exceed $60,000, for a total not-to-exceed amount of $240,000, over the 4-year term of the Agr eement, if all renewal periods are exercised
F. Resolution : Approving an increase to the salary range for Information Technology (IT) Manager from range 34.4 to range 35.8 by approving an amend ment to the Salary Schedule of the existing Management Memorandum of Understanding (MO U) adopted by Resolution No. 2021-229 dated November 9, 2021, to include all approved Management salary ranges G. Resolution : Approving revision of the job descriptions for Utilities Maintenance Worker, Senior and Utilities Assistant Supervisor
Action: Motion by Vice Mayor Franco, seconded by Councilmember Mo nez, adopting the consent calendar. Motion carried 5/0 by the following vote:
Councilmember
Larson
Councilmember
Nosrati
Councilmember
Franco
Councilmember
Monez
Mayor
Bublak
Yes Yes Yes Yes Yes
D. Resolution : Awarding bid and approving an Agreement between t he City of Turlock and D.A.
Wood Construction Inc., of Oakdale, California, in the amount of $2,088,783.00 for construction of City Project Nos. 22-001 and 22-017 “Wayside Drive Reconstruction and sewer Replacement Project” to be funded by Fund 115 “Meas ure A – Roads” and Fund 410 “Water Quality Control”
Public Comment:
Ron Bridegroom
CITY OF TURLOCK CITY COUNCIL
REGULAR MEETING MINUTES
TUESDAY, SEPTEMBER 13, 2022
City Attorney George A. Petrulakis, inserts into th e record a letter from a lawyer representing a rejected bidder which was handed out to council and went to council via email. Mayor opened the floor for questions for Mr. Petrulakis or Fred Pezeshk. Mr. Petrulakis congratulated staff for their excellent work on this.
Councilmember Nosrati asked for someone to speak to the contents and/or concerns of the letter i.e. the City not going with the lowest bidder. Mr. Petrulakis advised the award has to be made to a responsive and responsible bidder, the Ci ty has wide authority to decide what that is. In this case the low bidder is a new firm that could not provide staff with a history of doing projects. Staff calculated this as a risk for the City.
Action: Motion by Councilmember Monez, seconded by Vice Mayor Fra nco, adopting the consent calendar. Motion carried 5/0 by the following vote:
Councilmember
Larson
Councilmember
Nosrati
Councilmember
Franco
Councilmember
Monez
Mayor
Bublak
Yes Yes Yes Yes Yes
6. FINAL READINGS
None
7. PUBLIC HEARINGS
A. Interim Director Madden provided a staff report regarding ordering the improvements and formation of the Fifth Street Community (Developmen t Project No. 21-006) Landscaping and Lighting Assessment District and the Street Mainten ance Benefit Assessment Area, and confirming the diagram and benefit assessments as s et forth in the Annual Report of the Engineer of Work and the levying and collection of assessments set forth therein for Fiscal Year 2022-2023 for the Fifth Street Community (Deve lopment Project No. 21-006) Landscaping and Lighting Assessment District and th e Street Maintenance Benefit Assessment Area, pursuant to Resolution No. 97-128. He then responded to questions from the City Council.
Mayor Bublak opened the public hearing for public participation and the following members of the public spoke:
None.
With no further comments, Mayor Bublak closed public comment and the public hearing.
Action: Resolution : Ordering the improvements and formation of the Fifth Street Community (Development Project No. 21-006) Landscaping and Li ghting Assessment District and the Street Maintenance Benefit Assessment Area, and confirming the diagram and benefit assessments as set forth in the Annual Report of the Engineer of Work and the levying and collection of assessments set forth therein for Fiscal Year 2022- 2023 for the Fifth Street Community (Development Pr oject No. 21-006) Landscaping and Lighting Assessment District and the Street Maintenance Benefit Assessment Area, pursuant to Resolution No. 97-128 as introduced by Councilmember Monez, seconded by Vice Mayor Franco, and carried 5/0 by the following vote:
Councilmember
Larson
Councilmember
Nosrati
Councilmember
Franco
Councilmember
Monez
Mayor
Bublak
Yes Yes Yes Yes Yes
CITY OF TURLOCK CITY COUNCIL
REGULAR MEETING MINUTES
TUESDAY, SEPTEMBER 13, 2022
B. Fire Marshal Bickle provided a staff report intr oducing an Ordinance for first reading amending the Turlock Municipal Code (TMC) Section 4-3-411, D angerous Fireworks Prohibited:
Penalties, adding new language pertaining to illegal fireworks and a proposed fee schedule of $1,000.00, $1,500.00 and $2,000.00 for the use, display or sale of illegal fireworks for the first, second, third and subsequent offenses within one (1) year of the offense.
Chief of Police Jason Hedden, Deputy Fire Chief Chr is Jelinek, and Fire Marshal Bickle responded to questions from the City Council.
Mayor Bublak opened the public hearing for public p articipation. Comments were received from the following members of the public:
Gil Esquer
Loraine Norling
Ron Bridegroom
Ryan Taylor
With no further comments, Mayor Bublak closed the public hearing.
Chief of Police Jason Hedden, Deputy Fire Chief Chr is Jelinek, and Fire Marshal Bickle responded to questions from the public.
Action : Ordinance 2022-XXX-cs : Introduce an Ordinance for first reading amending the Turlock Municipal Code (TMC) Section 4-3-411, Dange rous Fireworks Prohibited:
Penalties, adding new language pertaining to illega l fireworks and a proposed fee schedule of $1,000.00, $1,500.00 and $2,000.00 for the use, display or sale of illegal fireworks for the first, second, third and subsequent offenses within one (1) year of the offense as introduced by Vice Mayor Fra nco, seconded by Councilmember Monez, and carried 5/0 by the following vote:
Councilmember
Larson
Councilmember
Nosrati
Councilmember
Franco
Councilmember
Monez
Mayor
Bublak
Yes Yes Yes Yes Yes
C. Development Services Director Quintero provided a staff report introducing an Ordinance for first reading amending the Turlock Municipal Code (TMC) to add Title 3, Chapter 1, Article 13 to address the regulations and operation of pedicabs for hire within the City of Turlock.
Director Quintero, Director Paul Loehr, and Chief o f Police Hedden responded to questions from the City Council.
Mayor Bublak opened the public hearing for public p articipation. Comments were received from the following members of the public:
Noel Dickey (Owner – Central Valley Party Bikes)
Loraine Norling
Unknown Female
Gil Esquer
With no further comments, Mayor Bublak closed the public hearing.
Chief of Police Hedden and Noel Dickey responded to questions from the public.
City Attorney George A. Petrulakis reads into the record the following proposed changes:
Heading changed to: Consumption of alcoholic and other beverages
CITY OF TURLOCK CITY COUNCIL
REGULAR MEETING MINUTES
TUESDAY, SEPTEMBER 13, 2022
First clause changed to: The consumption of alcoholic and other beverages on any pedicab
New subsection : g. No glass bottles or other glass containers for alcoholic and other beverages are permitted on pedicab at any time.
Current subsections g. & h. will be changed to h. & i.
Action : Ordinance 2022-XXX-cs: Introduce an Ordinance for first reading amending the Turlock Municipal Code (TMC) to add Title 3, Chapte r 1, Article 13 to address the regulations and operation of pedicabs for hire with in the City of Turlock as introduced and subsequently amended by Vice Mayor F ranco, seconded by Councilmember Nosrati, and carried 4/1 by the following vote:
Councilmember
Larson
Councilmember
Nosrati
Councilmember
Franco
Councilmember
Monez
Mayor
Bublak
Yes Yes Yes No Yes
D. Housing Manager Ramos provided a staff report re garding a request to approve the Fiscal Year 2021-2022 Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant Program (CDBG), C DBG-CARES and HOME Investment Partnership Program (HOME), and authoriz ing submission of the CAPER to the United States Department of Housing and Urban Development (HUD), and authorizing the City Manager or designee to execute related necessary documents.
Director Ramos responded to questions from the City Council.
Mayor Bublak opened the public hearing for public p articipation. Comments were received from the following members of the public:
Miguel Donoso
Ron Bridegroom
With no further comments, Mayor Bublak closed the public hearing.
Manager Ramos responded to questions from the public.
Action : Resolution : Approving the Fiscal Year 2021-2022 Consolidated Annual Performance and Evaluation Report (CAPER) for the C ommunity Development Block Grant Program (CDBG), CDBG-CARES and HOME Investment Partnership Program (HOME), and authorizing submission of the C APER to the United States Department of Housing and Urban Development (HUD), and authorizing the City Manager or designee to execute related necessary do cuments as introduced by Vice Mayor Franco, seconded by Councilmember Monez, and carried 5/0 by the following vote:
Councilmember
Larson
Councilmember
Nosrati
Councilmember
Franco
Councilmember
Monez
Mayor
Bublak
Yes Yes Yes Yes Yes
8. ACTION ITEMS
A. Public Works Superintendent Packwood provided a staff report regarding a request for appropriating $30,000 to account number 117-10-190- 161.47007 “Cannabis Diversion/Education Expenses” and $50,000 to accoun t number 117-10-190-161.49007 “Salary Charges from Other Departments” for part-ti me, overtime, and salary charges to be
CITY OF TURLOCK CITY COUNCIL
REGULAR MEETING MINUTES
TUESDAY, SEPTEMBER 13, 2022
funded from Fund 117 unassigned reserves to provide drug abuse awareness and prevention programs.
Superintendent Packwood and Lieutenant Shaw responded to questions from the City Council.
Mayor Bublak opened the item for public participation and the following members of the public spoke:
Ryan Taylor
Ron Bridegroom
Gil Esquer
With no further comments, Mayor Bublak closed public comment.
Superintendent Packwood responded to questions presented during public participation.
Action : Resolution : Appropriating $30,000 to account number 117-10-19 0-161.47007 “Cannabis Diversion/Education Expenses” and $50,000 to account number 117-10- 190-161.49007 “Salary Charges from Other Department s” for part-time, overtime, and salary charges to be funded from Fund 117 unass igned reserves to provide drug abuse awareness and prevention programs as mot ioned by Councilmember Monez, seconded by Vice Mayor Franco, and carried 5/0 by the following vote:
Councilmember
Larson
Councilmember
Nosrati
Councilmember
Franco
Councilmember
Monez
Mayor
Bublak
Yes Yes Yes Yes Yes
Mayor Bublak called for a 5-minute break at 8:04 p.m.; Mayor Bublak reconvened council at 8:08 p.m.
B. Risk Management Director Loehr provided a staff report regarding a request for approving the purchase of forty (40) Automated External Defibrill ators (AEDs) to be assigned to the City Police Department and Public Works Department and a ppropriate $30,000 from Measure A unassigned reserves to account 118-10-115.44001_000 “Supplies General.
Director Loehr responded to questions from the City Council.
Mayor Bublak opened the item for public participation and the following members of the public spoke:
Robert Puffer
With no further comments, Mayor Bublak closed public comment.
Director Loehr and Deputy Fire Chief Chris Jelinek, and Chief of Police Hedden responded to questions from the public.
Action : Resolution : Approving the purchase of forty (40) Automated Ex ternal Defibrillators (AEDs) to be assigned to the City Police Department and Public Works Department and appropriate $30,000 from Measure A unassigned reserves to account 118-10- 115.44001_000 “Supplies General as motioned by Coun cilmember Monez, seconded by Vice Mayor Franco, and carried 5/0 by the following vote:
Councilmember
Larson
Councilmember
Nosrati
Councilmember
Franco
Councilmember
Monez
Mayor
Bublak
Yes Yes Yes Yes Yes
CITY OF TURLOCK CITY COUNCIL
REGULAR MEETING MINUTES
TUESDAY, SEPTEMBER 13, 2022
C. Principal Civil Engineer Fremming provided a sta ff report regarding a request for authorizing staff to proceed with a change to the scope of work of City Project No. 21-018 “Lander Avenue Rehabilitation between D St. and SR-99” to add an opening to the proposed concrete median on Lander Avenue to allow for a left turn movement from northbound Lander Avenue onto Montana Avenue.
Engineer Fremming responded to questions from the City Council.
Mayor Bublak opened the item for public participation and the following members of the public spoke:
Robert Puffer
With no further comments, Mayor Bublak closed public comment.
Engineer Fremming responded to questions from the public.
Action: Resolution : Authorizing staff to proceed with a change to the scope of work of City Project No. 21-018 “Lander Avenue Rehabilitation be tween D St. and SR-99” to add an opening to the proposed concrete median on Lander Avenue to allow for a left turn movement from northbound Lander Avenue on to Montana Avenue as motioned by Councilmember Monez, seconded by Vice Mayor Franco, and carried 4/1 by the following vote:
Councilmember
Larson
Councilmember
Nosrati
Councilmember
Franco
Councilmember
Monez
Mayor
Bublak
No Yes Yes Yes Yes
D. Human Resources Director Dhami provided a staff report regarding a request for approving modifications to the job description, including job title, change from Homeless Program Coordinator to Coordinator for Unsheltered/Homeless Programs and change from a part-time to a full-time position.
Councilmember Monez motions to table this matter until October 11, 2022.
There were no questions or additional comments from the City Council.
Mayor Bublak opened the item for public participation and the following members of the public spoke:
None.
With no further comments, Mayor Bublak closed public comment.
Action : Table this matter until the council meeting on O ctober 11, 2022 as motioned by Councilmember Monez, seconded by Vice Mayor Franco, and carried 5/0 by the following vote:
Councilmember
Larson
Councilmember
Nosrati
Councilmember
Franco
Councilmember
Monez
Mayor
Bublak
Yes Yes Yes Yes Yes
CITY OF TURLOCK CITY COUNCIL
REGULAR MEETING MINUTES
TUESDAY, SEPTEMBER 13, 2022
9. CITY MANAGER REPORTS/UPDATES
A. Mayor Bublak asked what is going on with the arm ory. Director Quintero responded to the question.
B. Upcoming presentations (Wilson)
City Manager Wilson provided updates on the following upcoming public presentations:
Road Workshops coming up in the next couple weeks – public meetings Homelessness workshops coming September 22 nd and October 4th – public meetings
C. Update on resurfacing of city parks – pickle bal l (Garcia) D. Social media update (Sims)
E. Water/Sewer/Storm Water Master Plan update (Goodman) F. Animal Control update (Pacheco)
10. COUNCIL ITEMS FOR FUTURE CONSIDERATION
None.
11. COUNCILMEMBER QUESTIONS, COMMENTS, AND ANNOUNCEMENTS
Councilmember Nosrati commented on pickle ball.
Vice Mayor Franco extended condolences to Liz Padil la and family for the loss of her husband George Padilla; thanked the Fire Department for the 9/11 service; reminder of Farmers Market on Saturday’s 8 am to 1pm; thank you to Karen Packwood for her hard work on senior lunch program; SRWA Water Committee back on track to open on schedule.
Councilmember Monez commented she is not against small business, or the pedicab. Her no vote was related to the alcohol; some still having email issues with @turlock.ca.us; thank you to the fire fighters for the 9/11 service; thank you to the Tur lock Police Department for the Widows and Orphans Police Officers Ball, great turnout.
12. CLOSED SESSION
A. Conference with Labor Negotiators - California Government Code §54957.6(a) Employee Organization: Turlock Management Association – Public Safety Employee Organization: Turlock Firefighters Association – Local 2434
13. REPORTS FROM CLOSED SESSION
Mayor Bublak reported out of Closed Session statin g there was nothing to report.
14. ADJOURNMENT
Mayor Bublak adjourned the meeting at 9:02p.m.