Turlock City Council Meeting Agenda for 08-11-09, Live Webcam Broadcast

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Turlock City Council Agenda
August 11, 2009
7:00 p.m.
City of Turlock Yosemite Room
156 S. Broadway, Turlock, California


1. A. CALL TO ORDER

B. SALUTE TO THE FLAG AND INVOCATION: Pastor Ron Eivaz, Harvest Christian Church

2. PROCLAMATIONS, RECOGNITIONS, APPOINTMENTS, ANNOUNCEMENTS &
PRESENTATIONS

A. Proclamation: “No Child Without / Safely Ever After” (Medic Alert – Victor Mitre & Aurora
Alkass)

B. Proclamation: “12:10 Lions Club” (Terry Anderson)

3. SPECIAL BRIEFINGS: None

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 hereinbelow 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 07/16/09 in the amount of $3,119,354.80; Demands
of 07/23/09 in the amount of $1,177,309.77
B. Motion: Accepting Minutes of Regular Meeting of July 28, 2009 and Special Meeting of
July 28, 2009
C. Motion: Approving Contract Change Order No. 4 in the amount of $176,210.88 (Fund
141) for City Project No. 0642, “Water Meter Installation”
D. Motion: Accepting Notification of Contract Change Order No. 4 in the amount of $22,310
(Fund 141) for City Project No. 0762, “Well No. 40”
E. 1) Motion: Accepting Notification of Contract Change Order No. 1 (Final) for a credit of
$11,097.40 (Fund 141) with Vulcan Construction and Maintenance Inc. of Fresno,
California, for City Project No. 0833, “Commercial Water Meters”
2) Resolution: Appropriating $175,000 to Account No. 141/761-07-75 “Water Meter
Installations” to be funded from Unexpended Bond Proceeds in Fund 141
3) Motion: Accepting improvements with Vulcan Construction and Maintenance Inc. of
Fresno, California, for City Project No. 0833, “Commercial Water Meters,” and
authorizing the City Engineer to file a Notice of Completion
F. 1) Motion: Accepting notification of Contract Change Order No. 8 (Final) for a credit of
$19,853.80 (Fund 175) for City Project No. 6192, “Intersection Improvements for
Tuolumne Road and Golden State Boulevard”
2) Motion: Accepting improvements with Teichert Construction of Turlock, California, for
City Project No. 6192, “Intersection Improvements for Tuolumne Road and Golden State
Boulevard” and authorizing the City Engineer to file a Notice of Completion
G. Motion: Accepting notification of Contract Change Order No. 1 in the amount of
$9,563.73 (Fund 143) for Project Nos. 6946 and 7039, “Storm Pump Station at Kilroy
and Spengler” and “Storm Pump Station at North Walnut and Shady Lane,” bringing the
contract total to $535,579.73
H. 1) Motion: Accepting notification of Contract Change Order No. 4 in the amount of
$29,143 (Fund 141) for City Project No. 6974, “Water Reservoirs and Pump Stations”
2) Resolution: Appropriating $175,000 to Account No. 141/761-07-85 “Water Reservoirs
and Pump Stations” to be funded from unexpended bond proceeds in Fund 141
I. Motion: Approving an annual retainer agreement for FY 2009-2010 in the amount not to
exceed $50,000 with Lionakis for architectural services related to various projects
throughout the City of Turlock
J. 1) Resolution: Appropriating $14,000 from fiscal year 2008/09 to Account No. 141/761-
7-21 “Well Repairs” to be funded from fund balance reserve
2) Motion: Approving the emergency repairs of the deep well turbine pumps at Well No.
8 and Well No. 4 by Howk Systems in the amount of $61,487 (Non-General Fund
141/761-7-64 “Well No. 8 Repairs” and 141/761-7-21 “Well Pump Repairs”)
K. Motion: Approving Amendment No. 1 with Habitat for Humanity, Stanislaus, agreement
dated March 23, 2004 and authorizing the City Manager to execute the subordination
agreement as specified in the original agreement
L. Resolution: Accepting the donation of $7,800 for the “BMX Bike Park” and appropriating
$3,950 to 308/497-7-25 “Bike Park Expenses” from Fund 308 “Municipal Services
Grants-Bike Park” reserve balance, funded by donations received for development and
amenities for the “BMX Bike Park”
M. Resolution: Appropriating $7,800 from Non-General Fund 141 Reserve (Water
Enterprise) to 141/761-07-41 for the purchase of two spare Itron Cell Control Unites
(CCUs) for the Automatic Water Meter Reading System
N. Motion: Rejecting Claim for Damages filed by Gary D. Wallace Sr.
O. Motion: Rejecting Claim for Damages filed by AMCO Insurance Company
P. Resolution: Declaring equipment surplus and obsolete to City needs and authorizing the
donation of the old lights and poles at Soderquist Ballfield to the Turlock National Little
League

6. FINAL READINGS: None.

7. PUBLIC HEARINGS:

A. Continued from the July 14, 2009, City Council meeting. Staff is recommending
this item be removed from the agenda and staff will reschedule this for
consideration at a future date. Request to adopt updated cost recovery percentages
and the schedule of fees and charges for City Services pursuant to Turlock Municipal
Code Section 3-3-301 et seq. (Lorenzi)
Recommended Action:
Resolution: Rescinding Council Resolution 2008-220 and Adopting updated cost
recovery percentages and the schedule of fees and charges for City Services pursuant
to Turlock Municipal Code Section 3-3-301 et seq

B. Request for approval establishing a lien for payment for the abatement of certain weeds,
obnoxious growth and other debris on property and abandoned vehicles that are a
nuisance to the public (Boyd)
Recommended Action:
Resolution: Assessing properties for abatement costs and establishing a lien for
payment

C. Request to make findings in connection with the installation and construction of certain
public improvements issued by the Turlock Redevelopment Agency, including public
safety facility design and land purchase, WISP improvements and Lander/South Avenue
traffic signal and intersection improvements in the amount of $2,167,000 (Lorenzi)
Recommended Action:
Resolution: Making findings in connection with the installation and construction of
certain public improvements in the amount of $2,167,000

D. Request to amend the Turlock Municipal Code regarding bicycle licenses to remove the
amount of the fee for a bicycle license from the Turlock Municipal Code and adopt
bicycle fees by resolution as needed (Lopes)
Recommended Action:
Ordinance: Amending the Turlock Municipal Code Title 4, Chapter 1 regarding bicycle
licenses

E. Request for consideration of General Plan Amendment 2009-02 / Rezone 2009-02 /
Planned Development 265 (Campus Crest) located at 900 and 950 West Monte Vista
Avenue (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
2009-02)
Ordinance: Amending the Zoning Map of the City of Turlock, attached to Title 9 of the
Turlock Municipal Code [Rezone 2009-02, Planned Development 265 (Campus Crest)] Resolution: Establishing Conditions of Approval for Planned Development District No.
265 (PD-265) [Rezone 2009-02 (Campus Crest Development)]

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 to amend the Wastewater Capacity Charge Penalties (Cooke)
Recommended Action:
Motion: Reducing the annual Wastewater Capacity Charge Penalties for Fiscal year
2008-2009 from 100% to 10% of the Wastewater Treatment Capacity Charge for two
significant industrial users, Mission Linen and Paul Santos Dairy Towel Service

B. Request to appropriate funds for reimbursement of purchased Industrial Wastewater
Capacity (Cooke)
Recommended Action:
Resolution: Appropriating $98,120.42 from Non-General Fund 129 Reserve (Water
Quality Control) to 129/432-6-34 “Prior Year Reimbursement” to reimburse Buster Lucas
and Tony Gregorio for purchased Industrial Wastewater Capacity
Adjourn to Turlock Redevelopment Agency
Reconvene Turlock City Council Meeting

10. STAFF UPDATES
• Staff report regarding modification of the counter schedule for the Development Services
Department

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 Legal Counsel – Anticipated Litigation, Cal. Gov’t Code §54956.9(b)
Potential Cases: (1case)

14. ADJOURNMENT

Redevelopment Agency
Special Meeting Agenda
AUGUST 11, 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. 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 Special Meeting of June 23, 2009, and Special Meeting of
July 28, 2009, of the Turlock Redevelopment Agency

B. Resolution: Making findings in connection with the installation and construction of
certain public capital improvements of benefit to the Turlock Redevelopment Project
Area

4. 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

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