City Council Meeting
Minutes
October 10, 2023
6:00 p.m.
City of Turlock Yosemite Room
156 S. Broadway, Turlock, California
CALL TO ORDER
Councilmember Monez called the meeting to order at 6:00 p.m.
SALUTE TO THE FLAG
ROLL CALL AND DECLARATION OF CONFLICTS
Present: Councilmembers Cassandra Abram, Rebecka Monez, Kevin Bixel, Vice Mayor Pam Franco (joined via telephone)
Absent: None
Not Participating: Mayor Amy Bublak
Councilmember
Abram
Councilmember
Bixel
Councilmember
Franco
Councilmember
Monez
Mayor
Bublak
8B None 8B None ---
1. APPROVAL OF AGENDA AS POSTED OR AMENDED
Motion: Approval of Agenda as posted as motioned by Councilmember Abram, seconded by Councilmember Bixel and carried 4/0 by the following vote:
Councilmember
Abram
Councilmember
Bixel
Councilmember
Franco
Councilmember
Monez
Mayor
Bublak
Yes Yes Yes Yes ---
2. PROCLAMATIONS, RECOGNITIONS, APPOINTMENTS, ANNOUNCEMENTS,
PRESENTATIONS, AND BRIEFINGS
A. Presentation Turning Point Community Programs presentation by Casey Ogelvie - Armstrong, Director of Enhanced Care Management and Community Supports Executive (Quintero)
Theresa White, Program Director for Turning Point Community Programs, provid ed a presentation on the programs her agency offers.
B. Appointment Karen Borba to Measure A Committee
Councilmember Monez announced Mayor Bublak’s recommendation for the appointment of Karen Borba to the Measure A Committee.
Action: Motion by Councilmember Abram, seconded by Councilmember Bixel , appointing Karen Borba to the Measure A Committee. Motion carried 4/0 by the following vote:
Councilmember
Abram
Councilmember
Bixel
Councilmember
Franco
Councilmember
Monez
Mayor
Bublak
Yes Yes Yes Yes ---
CITY OF TURLOCK
CITY COUNCIL
REGULAR MEETING MINUTES
TUESDAY, OCTOBER 10, 2023
C. Presentation Investment Policy (Moreno)
Finance Director Moreno provided a presentation on municipal government investing which included information on who has the authority to invest City of Turlock funds, the current Investment Policy, and California Government Code Section 53600-53608.
Director Moreno responded to questions from the City Council.
Councilmember Monez opened the item for public comment and the following members of the public spoke:
John Gebelein
Ron Puffer
With no further comments, Councilmember Monez closed public comment.
Director Moreno responded to questions from the public.
D. Presentation Documentation requirements for City Grant Recipients (Petrulakis)
As a follow up to his briefing at the August 22, 2023 City Council meeting, City Attorney Petrulakis briefed the City Council on updated information the City Council requested regarding documentation requirements for City grant recipients. He provided a list of the programs that appeared to be the primary on-going grant programs administered by the City of Turlock. He stated that staff obtained information from our consultant, The Cloudburst Group, who was assisting the Development Services Department in establishing updated policies and procedures for the City ’s Housing program, regarding the required documentation that generally must be submitted to the City by a subrecipient of CDBG grants. With CDBG listed as a starting point, staff developed a comprehensive list of possible additional documentation the City could seek from potential grant recipients and subrecipients that apply to the City for funding. He then reviewed the standard CDBG documentation list for non -profit entities and the potential augmented documentation list for non -profit entities and ask ed that, p rior to formalizing any policy, he would like Council to provide additional input and guidance.
The Council discussed the documentation requirements and having different criteria thresholds for higher grant funding.
Councilmember Monez opened the item for public comment and with no speakers, closed public comment.
Director Quintero and City Attorney Petrulakis responded to additional questions from the City Council.
The Council provided their input to City Attorney Petrulakis who also stated that he would begin working on a separate list for “for -profit” corporations or developments and reach out to The Cloudburst Group for their input.
E. Briefing Remote public participation for Council and committee meetings (Abram)
CITY OF TURLOCK
CITY COUNCIL
REGULAR MEETING MINUTES
TUESDAY, OCTOBER 10, 2023
Councilmember Abram spoke on the subject of remote public participation for City Council and committee meetings and requested the Council have a discussion regarding developing a policy to allow members of the public to remotely participate in these meetings. She feels the current practice limits the number of people that may want to participate in a meeting but are unable to attend in person. She stated that many cities and local jurisdictions do provide for some means of remote participation and understands that there may be some issues with bad actors but despite the potential for misuse, she thinks there is a real benefit for more voices to be heard and more residents help inform the decisions the Council makes.
Councilmember Abram stated that she wasn’t speaking about allowing Zoom specifically, or similar type technologies, but possibly explore other options such as live moderated commenting on our livestream or allowing for email write in comments. She concluded by asking if the members of the Council would be willin g to explore opening up meetings to members of the public who can’t be here but still attend.
Councilmember Bixel stated that the Council has heard from multiple people that it would be nice to have other avenues to interact at meetings. He feels it makes sense to explore options that can be streamlined and somewhat monitored.
Vice Mayor Franco spoke about the hate speech issues many cities have been dealing with recently and technical and other issues she and other Councilmembers experienced on several occasions with remote participation during meetings . She feels it’s very difficult to conduct meetings remotely and stated that there are several entities/agencies that do not conduct their meetings via Zoom such as the County Board of Supervisors, Turlock School Board, Turlock Irrigation District, City of Turlock Planning Commission, the State of California and the federal government. She does not believe it should be considered until the City has a better IT system and better clarification on how they can shut down hate speech.
Councilmember Bixel suggested setting up an email system where people can submit their comments via email.
Councilmember Monez agreed with Vice Mayor Franco’s comments and was not interested in entertaining this.
Councilmember Monez opened the item for public comment and the following members of the public spoke:
John Gebelein
Ryan Taylor
Ron Puffer
Debra Koftinow
Mary Jackson
Robert Dylina
Julia Fox
With no further comments, Councilmember Monez closed public comment.
3. PUBLIC PARTICIPATION
Councilmember Monez opened public comment and the following members of the public spoke:
CITY OF TURLOCK
CITY COUNCIL
REGULAR MEETING MINUTES
TUESDAY, OCTOBER 10, 2023
John Gebelein
Michael Gonzales
Robert Dylina
Milt Trieweiler
Ron Puffer
Jacob Josef
Abby (last name not provided)
Mary Jackson
With no further comment, Councilmember Monez closed public comment.
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 as motioned by Councilmember Abram, seconded by Vice Mayor Franco and carried 4/0 by the following vote:
Councilmember
Abram
Councilmember
Bixel
Councilmember
Franco
Councilmember
Monez
Mayor
Bublak
Yes Yes Yes Yes ---
5. CONSENT CALENDAR
Councilmember Monez announced that Consent Calendar Item 5F would be pulled for separate consideration.
A. Motion: Accepting Weekly Demands of 09/21/2023 in the amount of $1,452,510.24, 09/28/2023 in the amount of $3,202,289.74, EFT Payments of 06/01/2023 through 06/30/2023 in the amount of $2,384,030.46, and Payroll EFT Payments of 05/01/2023 through 05/31/2023 in the amount of $2,249,415.74
B. Motion: Accepting Minutes of the 9/12/2023 Regular Meeting of the City of Turlock City Council
C. Resolution 2023-225: 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)
D. Resolution 2023-226: Approving Contract Change Order No. 3 (Final) for City Project No. 20- 026 "RWQCF Flotator No. 3 Recoating” in the amount of $6,090 (Non -General Fund - Fund 410 Water Quality Control), bringing the contract total to $272,947.80 (Schulze)
E. Resolution 2023-227: Approving revisions to the job description for Communications Assistant effective October 10, 2023 (Dhami)
F. Item pulled for separate consideration
Action: Motion by Councilmember Abram, seconded by Vice Mayor Franco to adopt the Consent Calendar as amended, and carried 4/0 by the following vote:
Councilmember
Abram
Councilmember
Bixel
Councilmember
Franco
Councilmember
Monez
Mayor
Bublak
Yes Yes Yes Yes ---
CITY OF TURLOCK
CITY COUNCIL
REGULAR MEETING MINUTES
TUESDAY, OCTOBER 10, 2023
5F. Approving an Agreement with First Shield Security and Patrol, Inc., of Tracy, California, for unarmed, private security services at Turlock City Hall and the Roger K. Fall Transit Center for a three (3) year term in an amount not to exceed between $343,155 and $364,053 annually and not to exceed $1,061,000 over the term of the Agreement beginning November 1, 2023 and ending October 31, 2026 (York)
Councilmember Monez opened the item for public comment and the following members of the pubic spoke:
Ron Puffer
With no further comments, Councilmember Monez closed public comment.
Staff responded to questions from the public.
Action: Resolution 2023-228: Approving an Agreement with First Shield Security and Patrol, Inc., of Tracy, California, for unarmed, private security services at Turlock City Hall and the Roger K. Fall Transit Center for a three (3) year term in an amount not to exceed between $343,155 and $364,053 annually and not to exceed $1,061,000 over the term of the Agreement beginning November 1, 2023 and ending October 31, 2026 as motioned by Councilmember Abram, seconded by Councilmember Bixel, and carried 4/0 by the following vote:
Councilmember
Abram
Councilmember
Bixel
Councilmember
Franco
Councilmember
Monez
Mayor
Bublak
Yes Yes Yes Yes ---
6. FINAL READINGS
None
7. PUBLIC HEARINGS
A. Introduction and first reading of an ordinance amending the Zoning Map of the City of Turlock, California, attached to Title 9 of the Turlock Municipal Code [Rezone 2023 -01 Planned Development 282 (Nivel Restaurant)] located at 309 N. Center Street, Stanislaus County APN 061-024-065 and 311 Mitchell Avenue, Stanislaus County APN 061-024-064 (Quintero)
Councilmember Monez announced there was a green sheet for this item , herein attached to the minutes as “Exhibit A”.
Senior Planner Werner provided the staff report for this item and responded to questions from the City Council.
Councilmember Monez opened the item for public comment and the following members of the public spoke:
Ron Puffer
Hamik Malikian
With no further comments, Councilmember Monez closed public comment.
CITY OF TURLOCK
CITY COUNCIL
REGULAR MEETING MINUTES
TUESDAY, OCTOBER 10, 2023
Planner Werner responded to questions from the public.
There was additional discussion regarding adding a condition stating staff would review the lease annually. Planner Werner agreed saying they will add that condition.
Action: Ordinance 13XX -cs: Introduction and first reading of an ordinance amending the Zoning Map of the City of Turlock, California, attached to Title 9 of the Turlock Municipal Code [Rezone 2023 -01 Planned Development 282 (Nivel Restaurant)] located at 309 N. Ce nter Street, Stanislaus County APN 061-024-065 and 311 Mitchell Avenue, Stanislaus County APN 061-024-064 as amended to include the added annual review of the lease, as motioned by Councilmember Abram, seconded by Councilmember Bixel, and carried 4/0 by th e following vote:
Councilmember
Abram
Councilmember
Bixel
Councilmember
Franco
Councilmember
Monez
Mayor
Bublak
Yes Yes Yes Yes ---
8. ACTION ITEMS
A. Authorizing the City Manager to enter into another agreement with Legacy Health Endowment for the City to continue to support the Person -Centered Care Program from October 1, 2023 to September 30, 2024 and appropriate $400,000 from Fund 119 (American Rescue Plan Act (ARPA)) Unassigned Reserve to Expense Account Number 119-10-188.43060_000 “Contract Services General” (Loehr)
Risk Management Director Loehr provided a brief overview on the request to enter into another agreement with Legacy Health Endowment to continue supporting the Person-Centered Care Program and introduced Dr. Jeffrey Lewis who provided a presentation on the program.
Dr. Lewis responded to questions from the City Council.
Councilmember Monez opened the item for public comment and with no speakers, closed public comment.
Action: Resolution 2023-229: Authorizing the City Manager to enter into another agreement with Legacy Health Endowment for the City to continue to support the Person-Centered Care Program from October 1, 2023 to September 30, 2024 and appropriate $400,000 from Fund 119 (American Rescue Plan Act (ARPA)) Unassigned Reserve to Expense Account Number 119-10-188.43060_000 “Contract Services General” as motioned by Councilmember Bixel, seconded by Councilmember Abram, and carried 4/0 by the following vote:
Councilmember
Abram
Councilmember
Bixel
Councilmember
Franco
Councilmember
Monez
Mayor
Bublak
Yes Yes Yes Yes ---
B. Appropriating $1,806,000 to Fund 246 “Landscape Assessment” account number 246 -60- 600.43700 “Slurry Seals” from Fund 246 unallocated reserves; and awarding bid and approving an Agreement with VSS International of West Sacramento, California in the amount o f
CITY OF TURLOCK
CITY COUNCIL
REGULAR MEETING MINUTES
TUESDAY, OCTOBER 10, 2023
$3,312,000, and authorizing a contingency amount of $200,000 (6.0%) for construction of City Project No. 21-033 "Slurry Seals 2023" (Schulze)
City Attorney Petrulakis announced there were two actions requested for this agenda item; the first to appropriate funds and the second, to enter into a contract for the slurry seal project. He explained that the appropriation of funds came from a variety of assessment districts that service different properties, of which two of the Councilmembers participating had conflicts of interest. He stated that t o cure the conflicts, the project would be segmented by splitting up how the funds would be appropriated from the different assessment districts and that this would be done by having three votes. The first vote would not include the conflicts of Vice Mayor Franco, the second vote would not include the conflicts of Councilmember Abram, and the third vote would include the appropriations from the balance of the assessment districts.
In regards to the contra ct, City Attorney Petrulakis explained that since two Councilmembers were conflicted and two participating, under Government Code 36436, approval of a resolution of the Council requires a majority vote of the total membership of the Council, not a majority vote of those participating meaning there needed to be three of five votes participating.
Both Vice Mayor Franco and Councilmember Abram stated their conflicts for the record. Vice Mayor Franco muted her phone and Councilmember Abram recused herself from the dais during the presentation of the item.
City Engineer Morris provided the presentation for this item.
Councilmember Monez opened the item for public comment and the following members of the public spoke:
Ryan Taylor
With no further comment, Councilmember Monez closed public comment.
Both Vice Mayor Franco and Councilmember Abrams rejoined the meeting directly following public comment.
During Motion #1, Vice Mayor Franco was placed on “hold” during the vote and during Motion #2, Councilmember Abram recused herself from the dais during the vote.
Action: Resolution 2023-230: Appropriating $1,806,000 to Fund 246 “Landscape Assessment” account number 246-60-600.43700 “Slurry Seals” from Fund 246 unallocated reserves by the following motions:
Motion #1 - Appropriation of funds from Heirlooms 1, Heirlooms 3, Dewer Estates, and Traditions 1 Assessment Districts as motioned by Councilmember Bixel, seconded by Councilmember Monez, and passed 3/0 by the following vote:
Councilmember
Abram
Councilmember
Bixel
Councilmember
Franco
Councilmember
Monez
Mayor
Bublak
Yes Yes --- Yes ---
CITY OF TURLOCK
CITY COUNCIL
REGULAR MEETING MINUTES
TUESDAY, OCTOBER 10, 2023
Motion #2 - Appropriation of funds from Summerfield Assessment District as motioned by Councilmember Bixel, seconded by Councilmember Monez, and passed 3/0 by the following vote:
Councilmember
Abram
Councilmember
Bixel
Councilmember
Franco
Councilmember
Monez
Mayor
Bublak
--- Yes Yes Yes ---
Motion #3 - Appropriation of funds from the balance of the assessment districts as motioned by Councilmember Bixel, seconded by Vice Mayor Franco, and carried 4/0 by the following vote:
Councilmember
Abram
Councilmember
Bixel
Councilmember
Franco
Councilmember
Monez
Mayor
Bublak
Yes Yes Yes Yes ---
For the second action requested, to enter into a contract for the slurry seal project, City Attorney Petrulakis explained that the “Rule of Necessity” would be invoked. City Clerk Christel explained the “Rule of Necessity” and conducted a random means of selection between Vice Mayor Franco and Councilmember Abram. Councilmember Abram was selected to stay and vote on the item. Vice Mayor Franco recused herself and was placed on “hold” during the vote.
Action: Resolution 2023 -231: Awarding bid and approving an Agreement with VSS International of West Sacramento, California in the amount of $3,312,000, and authorizing a contingency amount of $200,000 (6.0%) for construction of City Project No. 21 -033 "Slurry Seals 2023" as motioned by Councilmember Abram, seconded by Councilmember Bixel, and carried 3/0 by the following vote:
Councilmember
Abram
Councilmember
Bixel
Councilmember
Franco
Councilmember
Monez
Mayor
Bublak
Yes Yes --- Yes ---
Following the vote, Vice Mayor Franco rejoined the meeting.
9. CITY MANAGER REPORTS/UPDATES
A. City Manager Monthly Reports
City Manager Wilson advised the Monthly Reports were included in the agenda packet.
B. Fire Station Roof Repair – Status Update
Chief Hunter provided an update on the Fire Station 32 roof repair.
10. COUNCIL ITEMS FOR FUTURE CONSIDERATION
Councilmember Abram would like for the Council to have a discussion regarding making a plan for remaining ARPA funds.
11. COUNCILMEMBER QUESTIONS, COMMENTS, AND ANNOUNCEMENTS
CITY OF TURLOCK
CITY COUNCIL
REGULAR MEETING MINUTES
TUESDAY, OCTOBER 10, 2023
Councilmember Monez congratulated the Turlock Police Association Widow and Orphans Fund who raised just under $30,000 at last Saturday’s event and thanked the event committee for all their hard work. She also sent her thoughts and prayers out to the Mayor.
12. CLOSED SESSION
None
13. REPORTS FROM CLOSED SESSION
None
14. ADJOURNMENT
Councilmember Monez adjourned the meeting at 8:33 p.m.
Respectfully submitted
______________________
Julie Christel, City Clerk