Live broadcast begins at 7:00pm on Tuesday night. View the complete Turlock City Council Meeting Agenda and Council Packet for June 23, 2009 here.
City Council Agenda
JUNE 23, 2009
7:00 p.m.
City of Turlock Yosemite Room
156 S. Broadway, Turlock, California
5:30 – 7:00 p.m. –Reception honoring City Manager Roy Wasden
1. A. CALL TO ORDER
B. SALUTE TO THE FLAG AND INVOCATION
C. SWEARING IN OF NEW CITY MANAGER
D. SPECIAL OATH BY CITY MANAGER
2. PROCLAMATIONS, RECOGNITIONS, APPOINTMENTS, ANNOUNCEMENTS &
PRESENTATIONS
A. Proclamation: “National Night Out 2009” August 4, 2009
B. Proclamation: “Olympic Day” June 23, 2009
C. Presentation: Court Appointed Special Advocates (CASA) – Steve Ashman
D. Appointment: Arts Commission
3. A. TEEN ADVISORY COUNCIL BRIEFING
B. CALIFORNIA STATE UNIVERSITY STANISLAUS BRIEFING
C. COMMISSION BRIEFINGS
D. CHAMBER OF COMMERCE BRIEFING
• CVB Update – Desa Basulto
4. A. MOTION WAIVING READING OF ALL ORDINANCES ON THE AGENDA, EXCEPT BY
TITLE
B. DECLARATION OF CONFLICTS OF INTEREST AND DISQUALIFICATIONS
5. CONSENT CALENDAR:
Information concerning the consent items listed herein below has been forwarded to each Councilmember prior to this meeting for study. Unless the Mayor, a Councilmember or member of the audience has questions concerning the Consent 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 Demands of 05/28/09 in the amount of $967,607.01; Demands of
06/04/09 in the amount of $2,082,511.38
B. Motion: Accepting Minutes of Regular Meeting of June 9, 2009
C. 1. Motion: Authorizing Contract Change Order No. 2 (Final) in the amount of $546 (Fund
175) for City Project No. 0719 “Fire Station No. 1 Parking Lot,” bringing the contract total
to $444,699.20
2. Motion: Accepting improvements for City Project No. 0719, “Fire Station No. 1
Parking Lot,” and authorizing the City Engineer to file a Notice of Completion with
Teichert Construction, Inc. of Turlock, California
D. Motion: Approving the Final Map and Agreement conditioned upon construction of
improvements of Summerfield Phase 2, Subdivision Project No. 0734, developed by Fitzpatrick Homes
E. 1. Motion: Authorizing Quantities Contract Change Order No. 1 (Final) in the amount of
$5,275.22 (Fund 190), with Machado & Sons Construction, for City Project No. 0900,
“Columbia Play Park”
2. Motion: Accepting improvements for City Project No. 0900, “Columbia Play Park,”
and authorizing the City Engineer to file a Notice of Completion
F. 1. Motion: Approving Contract Change Order No. 7 in the amount of $76,245.84 (Fund
175) for City Project No. 6192, “Intersection Improvements for Tuolumne Road and
Golden State Boulevard”
2. Resolution: Approving the transfer of $14,500 from line number 140/470-514-05
“Contingencies” to line number 140/470-514-06 “Sidewalk – Del’s/Golden State Blvd.”
for City Project No. 6192 “Intersection Improvements for Tuolumne Road and Golden
State Boulevard”
G. Motion: Rejecting the lowest bid from Carpet Man for non-compliance to the bid
specifications and awarding the bid to the next responsive bidder, Turlock Floor
Covering, for floor covering services for Municipal Services Utilities Division building,
located at 701 S. Walnut Road, in the amount not to exceed $4,824 (Fund 141) for
Contract No. 09-651
H. Motion: Approving Amendment No. 1 to the Service Agreement with Valley Nursery
Landscape Company to increase compensation by $5,413 (Fund 110) for a total not to
exceed $32,143 through August 31, 2009, for nuisance abatement landscape services
for the Police Department Neighborhood Preservation Division
I. Motion: Approving the Lease Agreement between the City of Turlock and US Bancorp
Business Equipment Finance Group for three (3) Kyocera multifunctional photocopiers,
for a period of thirty-six (36) months, in an annual amount not to exceed $5,520 (Fund
142 and 110) for a total amount not to exceed $16,650 for a period of three (3) years
J. Resolution: Declaring equipment surplus and obsolete to City needs and authorizing the
sales of same at public auction by roger Ernst and Associates; and declaring certain
miscellaneous equipment as scrap and not to be sold at auction and declaring other
miscellaneous scrap equipment to be sold to any interested parties at fair market value
K. 1. Motion: Approving a profile analysis done at Well #24 at Quincy and Sebastian by
Besst Inc. of San Rafael, in an amount not to exceed $15,000
2. Resolution: Appropriating $15,000 to account number 141/761-07-21 “Well Pump
Repairs” from Non-General Fund 141 “Water Enterprises Reserve” balance for
emergency well analysis
L. Motion: Approving an Agreement between the City of Turlock and the Turlock School
District for Police Officer Services at Pitman High School, in an amount of $103,366.70
M. Motion: Approving an Agreement between the City of Turlock and the Turlock School
District for Police Officer Services at Turlock High School, in an amount of $103,366.70
N. Motion: Approving an Agreement between the City of Turlock and Court Services, Inc.,
to provide services to transport prisoners in accordance with acceptable standards of
practice pursuant to City policies and procedures, in an amount not to exceed $6,000
O. Resolution: Authorizing acceptance of an allocation of funds, execution of a grant
agreement, and appropriation of funds for the Recovery Act 2009 Edward Byrne
Memorial Justice Assistance Grant (JAG) funds from the United Stated Department of
Justice, Office of Criminal Justice Program in the amount of $212,210
P. Motion : Approving an Agreement between the City of Turlock Police Department and
Jocelyn E. Roland, Ph.D. to provide counseling/psychotherapy services to all sworn
officers, dispatchers, and community service officers of the Turlock Police Department at
no cost to the covered employee for the period of July 1, 2009 through June 30, 2010
Q. 1. Motion: Accepting Contract Change Order No. 1 with Industrial Electric for “Fire
Station No. 4 Generator Project,” bringing the contract total to $19,254.20
2. Resolution: Approving a transfer of $10,000 from account number 110/421-02-28
“Contract Special Services” to account number 114/700-07-29 “Back Up Generator Fire
Station No. 4” and approving the carry over of $20,000 in account number 114/700-07-
29 “Back up Generator Fire Station No. 4” from fiscal year 2008-09 to fiscal year 2009-
10
R. Motion: Approving an agreement between the City of Turlock and Economic & Planning
Systems (EPS) to provide consulting services in connection with Turlock CFD No. 1,
“Monte Vista Corridor” (District)
S. Motion: Amending the Agreement for Tourism Services with the Turlock Chamber of
Commerce
T. Motion: Approving a service agreement between the City of Turlock and John
Youngstrom for computer programming services as needed and to help the City through
the transition to the New World Software system and for the iSeries main frame for the
fiscal year starting July1, 2009 through June 30, 2010, in an amount not to exceed
$50,000
U. Motion: Rejecting Claim for Damages filed by Vantage Transports, Inc.
V. Motion: Rejecting Claim for Damages filed by Turan Tuman
W. Motion: Rejecting Claim for Damages filed by Deborah Agar
X Motion: Rejecting Claim for Damages filed by Eva McGrath
Y. Motion: Approving an Annual Retainer Agreement for FY 2009/2010 in an amount not to
exceed $150,000 with Kleinfelder West, Inc. for testing and inspection services related to
various projects throughout the City of Turlock
Z. Resolution: Approving a Grant Agreement between Stanislaus County Office of
Education (SCOE) and the City of Turlock authorizing the City of Turlock to accept an
additional $10,916.01 in ASES funds to provide direct services to the City’s school sites
currently operating after school programs funded with ASES monies for the 2008-09
school year and appropriating $3,625 to revenue account 309/305-80-04 “ASES
Crowell” and expenditure account 309/498-01-12 “ASES Crowell Staffing”; $554 to
revenue account 309/305-80-05 “ASES Cunningham” and expenditure account 309/498-
01-13 “ASES Cunningham Staffing”; and $6,737 to revenue account 309/305-80-07
“ASES Wakefield” and expenditure account 309/498-01-15 “ASES Wakefield Staffing” to
allow for the expenditure of the additional funds
6. FINAL READINGS:
A. Recommended Action:
Ordinance: Amending Turlock Municipal Code Title 4, Chapters 5, 6, 7 & 8 regarding
fines for parking violations
Resolution: Increasing current civil parking penalties for violations of any regulation
governing the standing or parking of a vehicle, under the authority of the City of Turlock’s
Municipal Code, as set forth on the attached “Proposed Schedule of Parking Penalties;”
and to use the additional fees to offset State and County surcharges and processing
fees
B. Recommended Action:
Ordinance: Amending Title 8, Chapter 4, and Title 11, Chapters 5 and 6, of the Turlock
Municipal Code to Clearly Define the Criteria, Standards, and Timeline for Designating
Street Names of New Subdivisions and Assigning House and Building Numbers
7. PUBLIC HEARINGS:
A. Request for consideration of a Planned Development for the area generally bounded by
Hawkeye to the north, N. Berkeley to the west, E. Canal to the south, and Murphy to the
east and to establish guidelines for fences in this Planned Development area. (Stillo)
Recommended Action
Motion: Denying Rezone 2008-03 [(Planned Development 263) Johnson Road Area
Rezone]
B. Request for consideration of Planned Development District No. 264 / Rezone 2009-01
located at 1400 West Main Street. (Stillo)
Recommended Action
Motion: Adopting a Mitigated Negative Declaration of Environmental Effect pursuant to
the California Environmental Quality Act (CEQA)
Resolution: Amending the General Plan Land Use Diagram (General Plan
Amendment 2009-01)
Ordinance: Amending the Zoning Map of the City of Turlock, attached to Title 9 of the
Turlock Municipal Code [Rezone 2009-01 – Planned Development 264 (1400 West Main
Street)]
Resolution: Establishing Conditions of Approval for Planned Development District No.
264 (PD-264) [Rezone 2009-01 (1400 West Main Street)]
8. PUBLIC PARTICIPATION:
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, before or during the City Council’s consideration of the item, that is within the subject matter jurisdiction of the City Council. 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. No action or discussion may be undertaken on any item not appearing on the posted agenda, except that Council may refer the matter to staff or request it be placed on a future agenda.
9. SCHEDULED MATTERS:
A. Request for consideration of the Proposed Annual Action Plan for FY 2009-10 for the
Community Development Block Grant Program, Home Investment Partnership Program
and the Annual Action Plan; approval of the award of nine non-profit agencies to fund
various public services programs and fair housing activities under the CDBG program;
and approval of an agreement with the five (5) HOME Consortium sub-recipients for the
purpose of undertaking HOME eligible housing assistance activities. (Pitt)
Recommended Action:
Resolution: Approving the Fiscal Year 2009-10 Annual Action Plan for the Community
Development Block Grant Program (CDBG), HOME Investment Partnership Program
(HOME), authorizing submission of the Annual Action Plan to HUD, and authorizing the
City Manager or designee to execute related necessary documents
Motion: Approving the agreements with nine (9) non-profit agencies to fund various
public services programs and fair housing activities under the Community Development
Block Program for Fiscal Year 2009-10 in the amount of $110,000
Motion: Approving the Agreements between the City of Turlock and each of the five (5)
HOME Consortium sub-recipients for the purpose of undertaking HOME eligible housing
assistance activities pursuant to Title II of the Cranston-Gonzales National Affordable
Housing Act of 1990 for FY 2008 in the amount of $846,284.52
B. Request for consideration of the purchase of real property located at 201 W. Olive
Avenue [(APN 061-011-054) City Project No. 0804 “Public Safety Facility Acquisition”]
This property is one of the parcels that have been designated as part of the 4.6 acre site
for the new Police Department and Fire Administration building.
Recommended Action:
Resolution: Approving the purchase of a parcel of real property located at 201 West
Olive Avenue, Turlock (APN 061-011-054) for the purpose of acquiring the fifth of the
seven parcels needed as part of the development of the City of Turlock’s Public Safety
Facility and authorizing the City Manager to execute the agreement and related
documents to finalize the real property transaction.
C. Request to approve a formal investigation in accordance with the Code of Conduct, to be
conducted by the City Attorney, regarding the unauthorized disclosure of confidential
information obtained in Closed Session on April 22, 2009, regarding the identity of the
three individuals selected by the City Council to be interviewed for the position of City
Manager on April 28, 2009
Recommended Action:
Motion: Approving a formal investigation in accordance with the Code of Conduct, to be
conducted by the City Attorney, regarding the unauthorized disclosure of confidential
information obtained in Closed Session on April 22, 2009, regarding the identity of the
three candidates to be interviewed for the position of City Manager.
Adjourn to Turlock Redevelopment Agency
Reconvene Turlock City Council Meeting
10. STAFF UPDATES
11. COUNCIL ITEMS FOR FUTURE CONSIDERATION
12. COUNCIL COMMENTS
Councilmembers may provide a brief report on notable topics of interest. The Brown Act does not allow discussion or action by the legislative body.
13. CLOSED SESSION
Conference with Real Property Negotiators, Cal. Gov’t Code §54956.8
Property: 400 B Street, Turlock, APN 043-048-049
Agency Negotiators: Roy Wasden
Negotiating Parties: Northern California Universal Enterprises
Under Negotiation: Price and Terms of Payment
Conference with Labor Negotiators, Cal. Gov’t Code §54957.6
Agency Negotiators: Roy W. Wasden
Employee Organization: International Association of Firefighters, Local No. 2434
Employee Organization: Turlock Associated Police Officers
Employee Organization: Turlock City Employee Association
Conference with Labor Negotiators, Cal. Gov’t Code §54957.6
Unrepresented Employee: Interim City Manager/Police Chief
14. ADJOURNMENT
Redevelopment Agency
Special Meeting Agenda
JUNE 23, 2009
7:00 p.m.
City of Turlock Yosemite Room
156 S. Broadway, Turlock, California
1. CALL TO ORDER
2. DECLARATION OF CONFLICTS OF INTEREST AND DISQUALIFICATIONS:
3. PUBLIC PARTICIPATION – LIMITED TO ITEMS DESCRIBED IN THE NOTICE FOR THIS MEETING
This is the time set aside for citizens to address the City Council concerning any item that has been described in the notice for the meeting before or during consideration of that item. 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.
4. CONSENT CALENDAR:
Information concerning the consent items listed hereinbelow has been forwarded to each Agency Member prior to this meeting for study. Unless the Chairman, an Agency Member or member of the audience has questions concerning the Consent Calendar, the items are approved at one time by the Agency. The action taken by the Agency in approving the consent items is set forth in the explanation of the individual items.
A. Motion: Accepting Minutes of June 9, 2009, Regular Meeting of the Turlock
Redevelopment Agency
5. SCHEDULED MATTERS:
A. Request to adopt the 2009-10 Fiscal Year Budget for the Redevelopment Agency of the
City of Turlock. (McNally-Dial)
Recommended Action:
Resolution: Adopting the 2009-10 Fiscal Year Budget for the Redevelopment Agency of the City of Turlock
6. ADJOURNMENT
The foregoing meeting is hereby called by Chairman John S. Lazar at the
above mentioned date and time pursuant to California Government Code
§54956.
_____________________________________
JOHN S. LAZAR, Chairman
