City Council Meeting Minutes
June 27, 2023
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 6:03 p.m.
SALUTE TO THE FLAG
ROLL CALL AND DECLARATION OF CONFLICTS
Present: Councilmembers Cassandra Abram, Kevin Bixe l, Rebecka Monez, Vice Mayor Pam Franco, and Mayor Amy Bublak.
Absent: None
Councilmember
Abram
Councilmember
Bixel
Councilmember
Franco
Councilmember
Monez
Mayor
Bublak
None None None None None
1. APPROVAL OF AGENDA AS POSTED OR AMENDED
Motion: Approval of Agenda as posted as motioned by Vice Mayor Franco, seconded by Councilmember Monez and carried 5/0 by the following vote:
Councilmember
Abram
Councilmember
Bixel
Councilmember
Franco
Councilmember
Monez
Mayor
Bublak
Yes Yes Yes Yes Yes
2. PROCLAMATIONS, RECOGNITIONS, APPOINTMENTS, ANNOU NCEMENTS,
PRESENTATIONS, AND BRIEFINGS
A. Presentation : Turlock Police Department Animal Services – Adopt able Pets Animal Services Supervisor Walthrop introduced “Nor ton,” an Alaskan Malamute who is available for adoption.
B. Proclamation : Parks and Recreation Month
Deputy Public Works Director Packwood provided the proclamation on Parks and Recreation Month.
3. PUBLIC PARTICIPATION
Mayor Bublak opened public participation and the following members of the public spoke:
Terri Shaver
Milt Trieweiler
Ramon Rodriguez
With no further comment, Mayor Bublak closed public participation.
4. MOTION WAIVING READING OF ALL ORDINANCES ON THE AGENDA, EXCEPT BY TITLE
Motion : Waiving reading of all ordinances on the agenda, except by title as motioned by Councilmember Monez, seconded by Councilmember Abram and carried 5/0 by the following vote:
Councilmember
Abram
Councilmember
Bixel
Councilmember
Franco
Councilmember
Monez
Mayor
Bublak
Yes Yes Yes Yes Yes
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5. CONSENT CALENDAR
Mayor Bublak announced that there was a green sheet for Consent Item 5I and that Consent Item would be pulled for separate consideration.
A. Resolution 2023-146 : Accepting Weekly Demands of 06/01/2023 in the amo unt of $1,770,956.26, 06/08/2023 in the amount of $436,068 .57, 06/15/2023 in the amount of $639,205.65, and EFT Payments of 01/01/2023 – 01/31/2023 in the amount of $7,050,486.29
B. Motion: Accepting Minutes of the 05/09/2023 and 05/23/2023 Regular Meeting Minutes of City of Turlock City Council
C. Item pulled for separate consideration
D. Resolution 2023-147: Making certain findings and determinations in compl iance with Section XIII.B of the California Constitution and Section 7910 of the California Government Code and setting the Fiscal Year 2023-2024 Appropriation Limit for the City of Turlock (Moreno)
E. Resolution 2023-148: Approving a Grant Agreement between the City of Tur lock and the California Energy Commission for Automated Solar Pe rmit Processing, approving an amendment to the FY 23/24 budget to appropriate $60,000 in revenue to Fund 405 “Building” account 405-40-105.34169 “Solar App Grant” and authorizing the City Manager to execute all related and necessary documents (Quintero)
F. Resolution 2023-149 : Approving the establishment of a new job descript ion for a Communications Assistant and amend the Confidential Salary Schedule effect July 1, 2023 (Dhami)
G. Resolution 2023-150 : Approving the establishment of a new job descript ion for a part-time Grant Writer and amend the Part-Time Salary Schedule effective July 1, 2023 (Dhami)
H. Resolution 2023-151: Accepting an allocation of funds from the State of California for the 2022- 23 Officer Wellness and Mental Health Grant in an a mount of $57,570.78 and appropriating said funds in Fiscal Year 2023-2024 to account numb er 266-20-255-364.34178 “State Grant Revenue” and 266-20-255-364.47179 “Grant Expense” i n Fund 266 “Police Services Grants” (Hedden)
I. Resolution 2023-152: Authorizing the City Manager to execute a service a greement between Delta Wireless, Inc., of Stockton, CA, and the City of Turlock, in an amount not to exceed $223,524 for contracted maintenance and service of the radio system including all portable and mobile radios for the period of July 1, 2023, t hrough June 30, 2024, where funding has been budgeted in the respective department’s accoun t number 43228_002 (Radio System Maintenance Delta System/Subscriber); and approving sole source procurement of radio system support services and equipment from Delta Wireless, Inc. contingent on the availability of budgeted funds, without compliance to formal bid procedures in accordance with Turlock Municipal Code Section 2-7-8(b)(6) (Hedden)
J. Resolution 2023-153: Accepting an allocation of funds from Stanislaus Co unty as a subrecipient of the 2022 Homeland Security Grant, CFDA #97.067 in the amount of $100,000, and appropriating said funds into Fiscal Year 2023- 2024 revenue account number 266-20- 255-366.34179 “Homeland Security Grant Revenue” and transfer from 266-20-255-
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366.48001_090 “Transfers out Vehicle & Equipment Re placement” into 506-00-000- 213.38001_090 “Transfers in Vehicle & Equipment Rep lacement” to purchase the rescue vehicle from expense account 506-00-000-213.51020 “ Equipment Replacement” and authorizing the City Manager to sign the Subaward A greement between the County of Stanislaus and the City of Turlock (Hedden)
K. Resolution 2023-154: Awarding RFP No. 23-014 and approving an Agreement with Champion Industrial Contractors, Inc. for Preventive Mainten ance, Filter Change-Out & Repair Service for HVAC & Boiler Units for City Owned and Leased b uildings, to commence on July 1, 2023 and for a total of one (1) year with the option to extend for two (2) additional one-year terms in an amount not-to-exceed $250,000 annually, totaling $750,000 if both additional one-year terms are used, funded by various General Ledger accounts relative to the location and nature of service (Schulze)
L. Resolution 2023-155: Approving Amendment No. 1 to the Agreement between the City of Turlock and West Yost Associates of Davis, California in the amount of $356,047, bringing the contract total to $2,537,102, to be funded by Fund 420 “Water,” account number 420-52- 551.51356 “Surface Water Dist. Imp.-Terminal Facili ties,” for construction management services for City Project No. 18-69 "Surface Water Distribution System Improvements” (Schulze)
M. Resolution 2023-156: Approving a Zero Emission Bus Rollout Plan for the City of Turlock’s transit services (Schulze)
N. Resolution 2023-157: Authorizing the City Manager to approve payment to the Central San Joaquin Valley Risk Management Authority (CSJVRMA) for the Fiscal Year 2023-2024 annual renewal of the Pooled Liability Program in the amou nt of $1,987,803 from account number 512-10-152.47075_003 “Premiums Liability”; Low Valu e Vehicle Coverage in the amount of $870 from various funds in account number 46034 “Ve hicle Insurance”: 110-20-210 $324, 110-20-215 $11, 110-20-215 $5, 110-30-300 $12, 110-40-400 $3, 110-50-500 $2, 110-60-600 $6, 110-61-620 $26, 205-60-602 $4, 205-60-604 $6, 217-50-510 $74, 219-40-428 $2, 246-60- 600 $35, 255-41-485 $4, 405-40-405 $14, 410-51-530 $81, 410-51-531 $17, 410-51-532 $78, 420-52-550 $83, 426-40-415-238-001 $8, 426-40-415-2 41-001 $26, 501-10-130 $2, 502-40- 410 $43, and 505-50-525 $4; Employee Assistance Pro gram in the amount of $9,236 from account number 512-10-152-47075_003 “Premiums Liabi lity”; and General Administration costs in the amount of $14,077 from account number 512-10-152.47075_003 “Premiums Liability” for a total amount of $2,011,986 (Loehr)
O. Resolution 2023-166: Approving an Agreement between the City of Turlock and the Turlock Unified School District (TUSD) for Police Officer s ervices at Turlock High School and Pitman High School for one (1) year, with an option to extend for two (2) additional one (1) year terms, inn amounts based on actual salary of Officer assigned to TUSD, to be reimbursed into revenue account number 110-20-210.34024 “Turlock High Schoo l (SRO) and 110-20-210.34025 “Pitman High School (SRO)” (Hedden)
P. Resolution 2023-158: Approving the Tentative Agreement updating the Memo randum of Understanding (“MOU”) between the City of Turlock a nd Turlock Management Association – Public Safety (TMAPS) covering the period of July 1 , 2022 through June 30, 2024 with no appropriation needed in Fiscal Year 2022-2023 due t o salary savings and appropriating $180,780 in Fiscal Year 2023-2024 to 110-20-200 “Po lice Special Operations” $39,278 in various salary and benefit accounts; to 110-20-210 “Police Field Operations” $80,109 in
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various salary and benefit accounts; to 118-20-210 “Measure A Police Field Operations” $13,471 in various salary and benefit accounts; to 110-30-300 “Fire Operations” $33,205 in various salary and benefit accounts; and 118-30-300 “Measure A Fire Operations” $14,717 in various salary and benefit accounts (Dhami)
Q. Resolution 2023-159: Authorizing the City’s Insurance Broker, Winton-Ireland Strom & Green Insurance Agency, Inc., to procure insurance covera ges and execute insurance agreements for Fiscal Year 2023-2024 on behalf of the City wit h National Union Fire Insurance for Airport Liability Insurance with an annual premium of $3,85 5 to account number 110-10- 112.43100_001 “Insurance Property”; Travelers Casua lty & Surety Company of America for Cyber Liability Insurance with an annual premium of $34,413 to account number 512-10- 152.43100_006 “Insurance Cyber Liability & Data Breach”; Ace American Insurance Company for Employment Practices Liability Insurance with a n annual premium of $48,147 to account number 512-10-152.43100_004 “Insurance Employment P ractices Liability”; Arch Insurance Company for Excess Workers’ Compensation Insurance with an annual premium of $119,888 to account number 510-10-150.43192 “Premiums”; AIG/ Glatfelters for Property, Crime, and High Value Vehicle Insurance with an annual premium of $157,010, $102,855 for property to account number 43100_001 “Insurance Property” in va rious funds: 505-50-525 $2,923, 505- 50-526 $2,098, 420-52-550 $14,507, 410-51-530 $24,4 35, 502-40-410 $1,693, 110-10-112 $49,110, and to 255-41-485.47210_001 “Housing Progr am Services Programs Affordable Housing Development” $2,024, 256-41-486.47225_002 “Affordable Housing Prior” $424, 625- 10-199.47310 “Property Maintenance” $577, and 426-40-415-238-001.43100_005 “Insurance Regional Transit Center” $5,064; $54,155 for vehicl es and equipment to account number 46034 “Vehicle Insurance” in various funds: 110-20 -210 $5,669, 110-20-215 $243, 110-20- 205 $95, 110-30-300 $7,098, 110-60-600 $1,401, 205- 60-602 $278, 205-60-604 $299, 217- 50-510 $3,363, 219-40-428 $528, 246-60-600 $924, 25 5-41-485 $147, 410-51-530 $2,412, 410-51-531 $5,843, 410-51-532 $291, 420-52-550 $1,686, 426-40-415-238-001 $97, 426-40- 415-240-001 $2,261, 426-40-415-241-001 $17,626, 426-40-415-243-001 $1,395, 502-40-410 $509, and $1,990 for crime insurance and bonds to a ccount number 512-10-152.43100_002 “Insurance Public Officials; and Underwriters at Ll oyds for Sexual Abuse/Molestation Liability Insurance with an annual premium of $20,636 to acco unt number 43100_007 “Insurance Abuse & Molestation” in various funds: 110-61-620 $5,159, 110-61-630-121 $8,254, 110-61- 630-125 $2,064, 270-61-635-393 $860, 270-61-635-394 $860, 270-61-635-395 $860, 270-61- 635-396 $860, 270-61-635-397 $860, 270-61-635-409 $859 (Loehr)
Action : Motion by Councilmember Monez, seconded by Vice Mayor Fran co, to adopt the Consent Calendar as amended, and carried 5/0 by the following vote:
Councilmember
Abram
Councilmember
Bixel
Councilmember
Franco
Councilmember
Monez
Mayor
Bublak
Yes Yes Yes Yes Yes
5C.Reaffirming the Proclamation of a Local Emergency in Response to a continuing Unsheltered Homeless Crisis (UHC) within the City of Turlock and Confirming Rules and Regulations No. 1 Made and Issued on July 13, 2021 (Eddy)
Mayor Bublak opened the item for public comment an d the following individual spoke:
Milt Trieweiler
With no further comment, Mayor Bublak closed public comment.
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City Attorney Petrulakis responded to questions from the public.
Action : Resolution 2023-160: Reaffirming the Proclamation of a Local Emergency in Response to a continuing Unsheltered Homeless Crisis (UHC) within the City of Turlock and Confirming Rules and Regulations No. 1 Made and Issued on July 13, 2021 as motioned by Councilmember Monez, seconded by Vice Mayor Franco, and carried 5/0 by the following vote:
Councilmember
Abram
Councilmember
Bixel
Councilmember
Franco
Councilmember
Monez
Mayor
Bublak
Yes Yes Yes Yes Yes
6. FINAL READINGS
None
7. PUBLIC HEARINGS
A. Regulatory Affairs Manager Tejeda introduced Gar th Schultz, President of R3 Consulting Group, Inc. who provided a report on requested amen dments to the Turlock Municipal Code (TMC) Title 6, Chapter 6-3, Article 1, titled Garbage, Recyclable Materials, and Organic Waste which included changing the process for adoption of maximum solid waste fees and charges, removing limitation on length of franchise agreemen t term, providing the Chief of Police with authority to direct authorized contractor (Turlock Scavenger) to impound containers of unlicensed haulers in the City, and clarifying types of solid wastes governed by municipal code regulations.
Manager Tejeda, Mr. Schultz, and Allan Marchant of Turlock Scavenger addressed questions from the City Council.
Mayor Bublak opened the item for public comment. No one spoke.
Action : Ordinance 13XX-CS : Introduction and first reading of an ordinance amending Turlock Municipal Code (TMC) Title 6, Chapter 6-3, Article 1, titled Garbage, Recyclable Materials, and Organic Waste to change the process for adoption of maximum solid waste fees and charges, remove limitation on length of franchise agreement term, provide Chief of Police with authority to direct authorized contractor (Turlock Scavenger) to impound containers of unlicensed haulers in the City, and clarify types of solid was tes governed by municipal code regulations as motioned by Councilmember Monez, seconded by Cou ncilmember Bixel, and carried 5/0 by the following vote:
Councilmember
Abram
Councilmember
Bixel
Councilmember
Franco
Councilmember
Monez
Mayor
Bublak
Yes Yes Yes Yes Yes
B. Police Lieutenant Holeman provided a staff repor t regarding the Turlock Police Department’s Annual Military Equipment Report, pursuant to the Turlock Municipal Code Title 4, Chapter 19, Section 107 and Government Code 7072. He reviewed c hanges made to the policy and requested renewal of Turlock Ordinance No. 1290-CS adopting the City Military Equipment use policy pursuant to Government Code Section 7071.
Lieutenant Holeman responded to questions from the City Council.
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Mayor Bublak opened the item for public comment. No one spoke.
Action: Resolution 2023-161 : Reviewing the Annual Military Equipment Report subm itted by the Turlock Police Department pursuant to the Turlo ck Municipal Code Title 4, Chapter 19, Section 107 and Government Code 7072 and review and renewal of Turlock Ordinance No. 1290-CS adopting the City Military Equipment use po licy pursuant to Government Code Section 7071 as motioned by Councilmember Monez, se conded by Vice Mayor Franco, and carried 5/0 by the following vote:
Councilmember
Abram
Councilmember
Bixel
Councilmember
Franco
Councilmember
Monez
Mayor
Bublak
Yes Yes Yes Yes Yes
C. Development Services Director Quintero presented a staff report regarding a request to adopt General Plan Amendment 2023-01 and explained the pu rpose of the request was to amend the Safety Element of the General Plan and to adopt by reference the 2022 Stanislaus County Multi-Jurisdictional Hazard Mitigation Plan, the Ci ty of Turlock Local Hazard Mitigation Plan Annex and any subsequent updates and revisions to these plans.
Chief Jelinek responded to questions from the City Council.
Mayor Bublak opened the item for public comment and comment was received from the following individual:
Ramon Rodriguez
With no further comment, Mayor Bublak closed public comment.
Chief Jelinek responded to questions from the public.
Action : Resolution 2023-162 : Adopting General Plan Amendment 2023-01 to amend the Safety Element of the General Plan to adopt by refe rence the 2022 Stanislaus County Multi- Jurisdictional Hazard Mitigation Plan and the City of Turlock Local Hazard Mitigation Plan Annex and any subsequent updates and revisions to t hese plans as motioned by Vice Mayor Franco, seconded by Councilmember Bixel, and carried 5/0 by the following vote:
Councilmember
Abram
Councilmember
Bixel
Councilmember
Franco
Councilmember
Monez
Mayor
Bublak
Yes Yes Yes Yes Yes
8. ACTION ITEMS
A. Principal Civil Engineer Fremming provided a sta ff report requesting approval of the updated five-year Capital Improvement Program (CIP) for the City of Turlock for Fiscal Years 2023-24 through 2027-28 . He provided an overview of the program, reviewed projects listed in the CIP, and discussed projects that needed to be included in the CIP.
With no questions from the City Council, Mayor Bubl ak opened the item for public comment and comment was received from the following individuals:
Milt Trieweiler
Ramon Rodriguez
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With no further comments, Mayor Bublak closed public comment.
Engineer Fremming responded to questions from the public.
Action: Resolution 2023-163 : Approving the updated five-year Capital Improvement Program (CIP) for the City of Turlock for Fiscal Years 2023 -24 through 2027-28 as motioned by Councilmember Monez, seconded by Vice Mayor Franco, and carried 5/0 by the following vote:
Councilmember
Abram
Councilmember
Bixel
Councilmember
Franco
Councilmember
Monez
Mayor
Bublak
Yes Yes Yes Yes Yes
B. A green sheet was provided for this item.
Regulatory Affairs Manager Tejeda provided a staff report regarding a request to approve the Amended and Restated Agreement No. 2024-12 between the City of Turlock and Turlock Scavenger Company for Solid Waste Handling Services effective July 1, 2023 which was necessary to meet the terms and conditions of the five-year Solid Waste Rate Study, approved by City Council February 22, 2022, and to fulfill the City’s SB 1383 Corrective Action Plan with the State of California.
Manager Tejeda and Allan Marchant of Turlock Scaven ger responded to questions from the City Council.
Mayor Bublak opened the item for public comment and comment was received from the following individuals:
Milt Trieweiler
Ramon Rodriguez
Terri Shaver
With no further comments, Mayor Bublak closed public comment.
Mr. Marchant responded to questions from the public.
Action : Resolution 2023-164 : Approving the Amended and Restate Agreement No. 2 024-12 between the City of Turlock and Turlock Scavenger C ompany for Solid Waste Handling Services effective July 1, 2023; necessary to meet the terms and conditions of the five-year Solid Waste Rate Study, approved by City Council Fe bruary 22, 2022, and to fulfill the City’s SB 1383 Corrective Action Plan with the State of California as motioned by Vice Mayor Franco, seconded by Councilmember Monez, and carried 5/0 by the following vote:
Councilmember
Abram
Councilmember
Bixel
Councilmember
Franco
Councilmember
Monez
Mayor
Bublak
Yes Yes Yes Yes Yes
C. Development Services Director Quintero provided a staff report regarding a request for approving the first substantial amendment to the Fi scal Year 2022-2023 City of Turlock/Stanislaus Urban County HOME Consortium Ann ual Action Plan for the Community Development Block Grant Program (CDBG) and HOME Inv estment Partnership Program (HOME), authorizing the submission of the Annual Ac tion Plan Amendment to the United
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States Department of Housing and Urban Development (HUD), and authorizing the City Manager to execute all related and necessary docume nts. Director Quinter explained the purpose of the HOME amendments and reviewed items i n the various project categories.
Director Quintero also spoke on the CDBG amendments and reviewed items within those project categories.
Director Quintero, City Attorney Petrulakis, and Captain Pacheco responded to questions from the City Council.
Mayor Bublak opened the item for public comment and comment was received from the following individuals:
Thomas Hall
Supervisor Vito Chiesa
Miguel Donoso
Chris Kiriakou
With no further comments, Mayor Bublak closed public comment.
Director Quintero and City Manager Wilson responded to questions from the public and additional questions from the City Council.
Action:
Resolution 2023-XXX: Approving the first substantial amendment to the Fi scal Year 2022-2023 City of Turlock/Stanislaus Urban County HOME Consortium Annual Action Plan for the Community Development Block Grant Program (CDBG ) and HOME Investment Partnership Program (HOME), authorizing the submiss ion of the Annual Action Plan Amendment to the United States Department of Housing and Urban Development (HUD), and authorizing the City Manager to execute all related and necessary documents as motioned by Vice Mayor Franco, seconded by Councilmember Abram, and carried 4/1 by the following vote:
Councilmember
Abram
Councilmember
Bixel
Councilmember
Franco
Councilmember
Monez
Mayor
Bublak
Yes Yes Yes Yes No
9. CITY MANAGER REPORTS/UPDATES
City Manager Wilson provided an update on the plans to build a transitional housing facility at the corporation yard. He responded to questions from the City Council.
10. COUNCIL ITEMS FOR FUTURE CONSIDERATION
Councilmember Monez said the City needs to have an oversight policy, when giving away CDBG, CHDO, and HEAP funds to non-profits, to ensure they are in compliance with local, state and federal agencies like the IRS, Attorney General and the State of California. The policy should require non-profits to disclose information regardi ng its board of directors and any bankruptcy information. Mayor Bublak agreed and City Manager Wilson said he could make that happen.
Mayor Bublak requested Code Enforcement and the Police and Building Departments to look into inspecting and citing shanty structures and bringing back something for City Council discussion.
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11. COUNCILMEMBER QUESTIONS, COMMENTS, AND ANNOUNCEMENTS
Councilmember Abram announced the Ad-Hoc Committee on Cannabis will be holding a meeting on June 29, 2023 at 6:00 p.m. in the Yosemite Conference Room.
Vice Mayor Franco encouraged everyone to attend the Third Thursday events and reminded everyone the 4
th of July parade is scheduled for July 1 st this year.
Mayor Bublak announced the George Piro event was scheduled for July 5, 2023 and that anyone wanting to attend could purchase tickets from the City Clerk.
12. CLOSED SESSION
At the request of Mayor Bublak, City Clerk Christel read aloud the closed session items.
A. Conference with Labor Negotiators -
California Government Code §54957.6(a)
Agency Designated Representative: Deputy City Manager Sarah Eddy Employee Organization: Turlock Firefighters Association – Local 2434
B. Conference with Legal Counsel – Anticipated Litigation, California Government Code §54956.9(d)(2) Potential Case(s): (1 case)
13. REPORTS FROM CLOSED SESSION
Vice Mayor Franco announced there was no reportable action.
14. ADJOURNMENT
Vice Mayor Franco adjourned the meeting at 8:50 p.m.
Respectfully submitted
_______________________
Julie Christel, City Clerk